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05172021 City Council Packet
Administration 55 West Tompkins Street Galesburg, IL 61401 CITY OF GALESBURG Illinois, USA May 17 City Council Agenda __________________________________________________________________________________________________________________________________________________________________________________________________________________________ Page 1 of 2 City Council Meeting Agenda City of Galesburg, Illinois City Council Chambers May 17, 2021 Members of the public who would prefer to view Galesburg City Council meetings remotely, can view the council meetings on Comcast channel 7 or stream the meeting live on the City’s website. Executive Session 5:00 p.m. Executive Session Convene into closed door Executive Session for the purpose of discussing: A. Collective Bargaining, 5 ILCS 120/2 (c) (2) B. Approval of April 5, 2021 executive session minutes, 5 ILCS 120/2 (c) (21) Regular Council Meeting 5:20 p.m. Presentation Youth minor golf pass scholarships 5:25 p.m. Proclamation Poppy Days 5:30 p.m. Roll Call Pledge of Allegiance Invocation Approve Minutes from May 3, 2021 Election Deputy Mayor Consent Agenda #2021-10 21-2010 Resolution Supplemental MFT Resolution for Kellogg Street Reconstruction 21-3014 Bid Test Well for Gravel Pack Well #6 21-3015 Bid Kellogg Street Reconstruction Project 21-4050 Approve Budget Adjustment #1 for fiscal year December 31, 2021 21-4051 Approve Employee benefits consulting agreement 21-5010 Receive Schedule of rates for American Ferrier LLC 21-8009 Bills and Advance Checks Approval and warrants drawn in payment of same Passage of Ordinances and Resolutions 21-1008 Special Ordinance Ordinance for acquisition of vacant property on the NE corner of Mulberry and Seminary Streets (Final Reading) Bids, Petitions and Communications __________________________________________________________________________________________________________________________________________________________________________________________________________________________ Page 2 of 2 Public Comment City Manager’s Report Miscellaneous Business (Agreements, Approvals, Etc.) 21-4049 Approve Appointment memo – Ward 5 Council Member to fill vacant seat 21-4052 Approve Purchase Agreement for the vacant lot on the NE corner of Mulberry and Seminary Streets 21-4053 Approve Facade Grant Agreement with Benedict Developers, LLC, 185 S. Kellogg Street 21-4054 Approve Tax Increment Financing Redeveloper Agreement with Benedict Developers, LLC, 185 S. Kellogg Street 21-4055 Approve PSEO Collective Bargaining Agreement 21-4056 Approve PSEO Salary Schedule Town Business 21-9010 Bills Closing Comments Adjournment Vision Statement “The City of Galesburg will be a dynamic community featuring a full range of public amenities to serve a diverse citizenry. The City Council will play a pro-active role in providing leadership to its citizens, neighborhoods, and other public bodies and enact policies which ensure the existence of a broad based economy.” CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 _________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Page 1 of 3 CITY COUNCIL MEETING City Manager’s Report May 17, 2021 CONSENT AGENDA #2021-010 Item 21-2010 Supplemental MFT Resolution for Kellogg Street Reconstruction Staff recommends approval of the supplemental Motor Fuel Tax Resolution in the amount of $117,112.44 for the Kellogg Street reconstruction project. At the March 15, 2021 meeting, Council approved an MFT resolution for the use of $450,000 in MFT funds for the reconstruction of Kellogg Street, from Dayton to Park Lane. It is proposed to use additional MFT funds in place of a portion of the City Gas Tax funds that were previously budgeted to fund part of the project. Item 21-3014 Test Well for Gravel Pack Well #6 Staff recommends approval of the bid from Brotcke Well & Pump. in the amount of $38,881.00 for drilling a test well for proposed new gravel pack well #6 at the Oquawka well field. On March 15, 2021, the City Council approved hiring Klingner and Associates, PC to prepare bid documents for the construction of Gravel Pack #6. As part of the design process, it is necessary to have a contractor drill a test hole to make sure that the new well location will produce an adequate supply of water and that it will meet all required water quality requirements. Four contractors submitted bids for the work, with Brotcke Well & Pump submitting the low and best bid. Item 21-3015 Kellogg Street Reconstruction Project Staff recommends approval of the bid in the amount of $741,562.44 by Gunther Construction for reconstructing Kellogg Street, from Dayton Street to Park Lane Avenue. The existing street base and concrete curb and gutter will be completely removed and replaced with a new full depth concrete pavement and concrete curb and gutter. This contract also includes construction of all new concrete driveway approaches from the street to the back of the sidewalk as well as replacement of the sidewalks. Five bids were received for this project, with Gunther submitting the low and best bid, which was within estimates for the project. Item 21-4050 Budget Adjustment #1 Staff recommends approval of the December 31, 2021 Budget Adjustment #1 as presented. These transactions are accounting reclassifications due to projects started in FY 2020 that will be carried over to fiscal year ending December 31, 2021. Item 21-4051 Employee Benefits Consulting Agreement Staff recommends approval of an agreement with Assured Partners to provide benefits consulting and wellness services for the period 7/1/2021 through 12/31/2022. Beginning in 2018, the City’s group health insurance plan has been purchased through a broker. A comprehensive review by staff determined that additional valuable services should be provided by the broker in addition to placing insurance. Five firms, including our current insurance broker, responded by submitting their qualifications and providing pricing information. Assured Partners was selected as the firm that provides the qualifications, services and expertise that are best tailored to the City’s needs. CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 _________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Page 2 of 3 Item 21-5010 Schedule of Rates for American Ferrier LLC A schedule of rates for American Ferrier LLC is provided to be received and placed on file with the City Clerk’s office. Item 21-8009 Bills Bills and Advanced Checks are submitted for approval; please direct questions to Gloria Osborn, Director of Finance and Information Systems. ORDINANCES AND RESOLUTIONS Item 21-1008 Acquisition of Property at NE Corner of Mulberry & Seminary (Final Reading) Staff recommends approval of a special ordinance for the acquisition of the vacant lot on the northeast corner of South Seminary Street and Mulberry Street, formerly known as 139 South Seminary Street, for $34,000. Upon acquisition, it is proposed to make the location into a parking lot, as additional public parking spaces are needed in the area, due to the proximity to the Amtrak Depot, retail stores, and Discovery Depot. The parking lot would create an additional 25 parking spaces. It is proposed to improve the lot to match the existing improvements in Parking Lot D, and install landscaping along the south, east, and west sides of the new parking lot. BIDS, PETITIONS AND COMMUNICATIONS CITY MANAGER’S REPORT MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) Item 21-4049 Appointment memo – Ward 5 Council Member to fill vacant seat The appointment of Jaclyn Smith-Esters to fulfil the two remaining years of the Ward Five Council Member term is provided by Mayor Schwartzman for council consideration. Item 21-4052 Purchase Agreement for NE corner of Mulberry & Seminary Streets Staff recommends approval of the purchase agreement for the acquisition of the vacant lot on the northeast corner of South Seminary Street and Mulberry Street, formerly known as 139 South Seminary Street. The purchase price is $34,000 and the lot would be used for additional public parking spaces. The property is located inside the boundaries of TIF I, so it is proposed to use TIF I funding to acquire this lot. Item 21-4053 Façade Grant Agreement, 185 S. Kellogg Street The Façade Advisory Committee recommends approval of a Downtown Façade Grant Redeveloper Agreement with Benedict Developers, LLC for the property located at 185 S. Kellogg Street. The overall estimated facade project cost is $186,753.48. This project is eligible to receive up to $80,000, or 50% of the estimated project costs, or 50% of the actual final project costs, whichever is less. The remainder of the project will be funded by owner’s equity. The project would include the restoration and repair of the brick exterior, installation of new overhead doors, construction of a ramp for accessibility and the installation of new signage. CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 _________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Page 3 of 3 Item 21-4054 Tax Increment Financing Redevelopers Agreement, 185 S. Kellogg Street Staff recommends approval of a Tax Increment Financing (TIF) Redeveloper Agreement with Benedict Developers, LLC for the property located at 185 S. Kellogg Street. Benedict Developers, LLC is proposing a complete renovation of the vacant building, which will include interior brick restoration, new windows, skylights and doors, new framing, all new mechanical, electrical and plumbing. Once complete, the project will offer a new taproom with approximately 30 taps, a brew house area, and a venue space for events such as weddings, concerts, game tournaments or other community events. The estimated total renovation cost is $2,479,570.93, of which $1,804,046.82 would be eligible expenses under the TIF program. The proposed incentive would be approximately 15% of the eligible expenses, which would be up to $270,607.02, which would be paid out in equal installments over a four year period. The remainder of the expenses would be paid for by private investment. Item 21-4055 PSEO Collective Bargaining Agreement Staff recommends approval of the collective bargaining agreement between the City of Galesburg and the Public Safety Employees’ Organization (PSEO). The current agreement with the union representing police patrol officers expired on December 31, 2020. The agreement is for a three year contract expiring December 31, 2023. It includes an annual cost of living increase of 2.5% along with a small increase in standby pay. In exchange, the parties also agreed to share pro-rate increases to annual healthcare premiums above 4.0%. Item 21-4056 PSEO Salary Schedule Staff recommends approval of the 2021 Classification and Salary Schedule for positions represented by the Public Safety Employees’ Organization (PSEO), which reflects a 2.5% cost of living increase, as agreed to in the collective bargaining agreement. TOWN BUSINESS Item 21-9010 Town Bills Respectfully submitted, Todd Thompson City Manager 5:00 p.m. Elected Officials Reception Galesburg City Council Regular Meeting City Council Chambers 55 West Tompkins Street, Galesburg, Illinois May 3, 2021 5:30 p.m. Called to order by Mayor John Pritchard at 5:30 p.m. Roll Call #1: Physically Present: Mayor John Pritchard, Council Members Bradley Hix, Wayne Dennis, Lindsay Hillery, Corine Andersen, Peter Schwartzman, Wayne Allen, and Larry Cox, 8. Also Present: City Manager Todd Thompson, City Attorney Bradley Nolden, and City Clerk Kelli Bennewitz. Mayor Pritchard declared a quorum present. Pastor Tony Franklin gave the invocation. The Pledge of Allegiance was recited. Council Member Dennis moved, seconded by Council Member Hix, to approve the minutes of the City Council’s regular meeting from April 19, 2021. Roll Call #2: Ayes: Council Members Hix, Dennis, Hillery, Andersen, Schwartzman, Allen, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. Mayor Pritchard thanked Council Members Corine Andersen and Wayne Allen for their service to the City and presented them with gifts of appreciation. Deputy Mayor Wayne Allen also thanked Mayor Pritchard for his service to the City as Mayor over the last eight years and presented him with gifts of recognition. Township Supervisor Christine Winick also presented gifts to outgoing Township Trustees John Pritchard, Corine Andersen, and Wayne Allen, and thanked them for their years of service. City Clerk Kelli Bennewitz reported the following were elected in the Consolidated Election held April 6, 2021, per certification from the Galesburg Board of Election Commissioners: Mayor Peter Schwartzman 1,801 votes City Clerk Kelli R. Bennewitz 3,336 votes Ward Two Council Member Wayne Dennis 282 votes Ward Four Council Member Dwight L. White 91 votes Ward Six Council Member Sarah Davis 496 votes May 3, 2021 Page 1 of 9 Township Supervisor Christine Winick 2,969 votes Township Assessor Stephen W. Daly 2,754 votes Ninth Judicial Circuit Judge Raymond A. Cavanaugh gave the oath of office to the following: Mayor Peter Schwartzman, Ward Two Council Member Wayne Dennis, Ward Four Council Member Dwight White, Ward Six Council Member Sarah Davis, City Clerk Kelli R. Bennewitz, Township Supervisor Christine Winick, and Township Assessor Stephen Daly. Roll Call #3: Physically Present: Mayor Peter Schwartzman, Council Members Bradley Hix, Wayne Dennis, Lindsay Hillery, Dwight White, Sarah Davis, and Larry Cox, 7. Mayor Schwartzman thanked everyone for attending despite the weather. He appreciates their willingness to participate and that they made it meaningful for all. CONSENT AGENDA #2021-09 All matters listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion. 21-2009 Approve Resolution 21-07 authorizing new signatures for the City’s various financial institutions, the use of facsimile signatures, and designees to carry out the necessary banking functions. 21-3009 Approve the bid from Birkey’s Farm Store in the amount of $89,621 for the purchase of a new Case backhoe that includes a hydraulic hammer to be utilized by the Street Division. 21-3010 Approve the bid from Gunther Construction, a Division of UCM, Inc., in the amount of $527,914.06 for the asphalt resurfacing project on South Henderson Street, Ferris Street, Monroe Street, and Hampton Court. 21-4043 Approve the Illinois Department of Commerce & Economic Opportunity grant application for State Senator Jil Tracey’s member initiative grant through the Rebuild Illinois Program for the South Street Storm Sewer Replacement Project. 21-8008 Approve bills in the amount of $684,843.09 and advance checks in the amount of $815,551.03. Council Member Dennis moved, seconded by Council Member Hillery, to approve Consent Agenda 2021-09. Roll Call #4: Ayes: Council Members Hix, Dennis, Hillery, White, Davis, and Cox, 6. Nays: None May 3, 2021 Page 2 of 9 Absent: None Chairman declared motion carried by omnibus vote. PASSAGE OF ORDINANCES AND RESOLUTIONS 21-1006 Council Member Cox moved, seconded by Council Member Hillery, to approve Ordinance 21-3636 on final reading amending Section 112 of the Galesburg Municipal Code establishing regulations for the permitting and regulating the use of shared electric scooters within the City. Roll Call #5: Ayes: Council Members Hix, Dennis, Hillery, White, Davis, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. 21-1007 Council Member Cox moved, seconded by Council Member Dennis, to approve Ordinance 21-3637 on final reading amending Traffic Appendix R of Chapter 77 of the Galesburg Municipal Code to restrict parking on Michigan Avenue north of Baird Avenue. Roll Call #6: Ayes: Council Members Hix, Dennis, Hillery, White, Davis, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. 21-1008 Special Ordinance on first reading authorizing the acquisition of the vacant property on the northwest corner of South Seminary Street and Mulberry Street, formerly known as 139 South Seminary Street, in the amount of $34,000. Council Member White inquired if it’s customary to pay an amount upwards of $34,000 for a 66’ x 132’ piece of property. Public Works Director Wayne Carl stated that there was no formal appraisal done but based on lot sales and the Assessor’s fair market value listed for the property staff felt the price was reasonable. The cost to stripe the lot would be approximately $110,000. BIDS, PETITIONS, AND COMMUNICATIONS 21-3011 Council Member Cox moved, seconded by Council Member Dennis, to approve the bids received for the replacement of the shingled roof on the WIPTU building located in the Hawthorne Centre Complex. Roll Call #7: Ayes: None Nays: Council Members Hix, Dennis, Hillery, White, Davis, and Cox, 6. Absent: None May 3, 2021 Page 3 of 9 Chairman declared motion failed. 21-3012 Council Member Cox moved, seconded by Council Member Hillery, to approve the bid from Gunther Construction, a Division of UCM, Inc., in the amount of $289,918.82 for the annual seal coating contract. Council Member White asked how streets are picked to receive seal coating. Director Carl stated that the City is divided into five sectors and they rotate each year. Staff will inspect the roads each year and all streets are seal coated every 5-7 years if possible. Council Member Cox inquired why Red Oak Lane (west boat ramp) at Lakey Storey was taken off the list for seal coating. Parks & Recreation Director Tony Oligney-Estill stated that while it was initially in the bid to be done, the cost came back too high so it will be added to next year’s list. Roll Call #8: Ayes: Council Members Hix, Dennis, Hillery, White, Davis, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. 21-3013 Council Member Davis moved, seconded by Council Member Cox, to approve the proposal submitted by Pro Phoenix in the amount of $700,000, and the supplementary licensing cost from CDW in the amount of $26,648.76, for the purchase of a new computer aided dispatch/records management system for the Galesburg Police Department and Knox county Sheriff’s Office. Mayor Schwartzman asked if this project had been anticipated. Police Chief Idle stated that the Department has used CAD since 2002, however the initial company for the system is no longer in business. Staff has been evaluating the system, vendors, and funding for the last several years for the project. Roll Call #9: Ayes: None Nays: Council Members Hix, Dennis, Hillery, White, Davis, and Cox, 6. Absent: None Chairman declared motion carried. PUBLIC COMMENT Kevin Malley addressed the Council and welcomed the new members, hoping they would work better with their group than the previous Council. He added that they were smart to take the Lake Storey Expansion Plan off the agenda but that most homeowners in that area feel that it will be brought back at some point again. He stated that people can’t enjoy their property for May 3, 2021 Page 4 of 9 fear of what the Council will do and reiterated that they do not want to participate in this project with the City. He believes that the City has been hustled by Edgewater in a get rich quick scheme and that the project is not welcomed by the landowners. Brother Shabazz addressed the Council and stated that when Nelson Mandela died in South Africa there was an American journalist there who complained about how horrible the rainy weather was and the South African journalist corrected him and let him know that for South Africans torrential rain is a blessing. He stated that he is here to return the favor and let everyone know today that the rain is a blessing and a symbol of a new day. Dennis Clark addressed the Council stating that he has been with the Galesburg Railroad Days organization for 16 years. The group is hoping to have some of the events this year after the entire celebration was canceled last year. He added that some of the Main Street events, model train and toy show, and events in Standish Park are planning to take place with some safety restrictions. He appreciates the Council’s support of the event. Reverend James Hailey, Allen Chapel AME, addressed the Council and stated that our nation, state and city is built on prayer and invited everyone to attend and join him for the National Day of Prayer this Thursday, May 6th, Noon, in the Public Square. CITY MANAGER’S REPORT City Manager Thompson stated his appreciation for the outgoing elected officials and that it has been his pleasure to work with them and congratulated all the newly elected officials. He offered any assistance he could provide to help them be successful in their new roles. MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) 21-4044 Council Member Dennis moved, seconded by Council Member White, to approve a Facade grant agreement in an amount not to exceed $49,125 (or 50 percent of the estimated project costs, or 50 percent of the actual final project costs, whichever is less) with Central Congregational Church located at 60 Public Square. Roll Call #10: Ayes: Council Members Hix, Dennis, Hillery, White, Davis, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. 21-4045 Council Member Cox moved, seconded by Council Member Hillery, to approve a contribution of $15,000 to the Galesburg Lions Club for the Big Bang Boom fireworks display to be held at Lake Storey on July 4, 2021. May 3, 2021 Page 5 of 9 Council Member Hix stated that he would be recusing himself from this vote due to being a Lion’s Club member. Roll Call #11: Ayes: Council Members Dennis, Hillery, White, Davis, and Cox, 5. Nays: None Absent: None Chairman declared motion carried. 21-4046 Council Member Dennis moved, seconded by Council Member Hillery, to waive normal purchasing policies and approve a three-year agreement with Amilia in the amount of $34,500 to provide Parks & Recreation software and support to the Parks & Recreation Department. Roll Call #12: Ayes: Council Members Hix, Dennis, Hillery, White, Daivs, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. 21-4047 Council Member Cox moved, seconded by Council Member Hillery, to approve an engineering agreement with Bruner, Cooper, & Zuck, Inc. in the amount of $15,700 for the preparation of plans and specifications for water main replacement on Frank Street from Henderson Street to Hawkinson Avenue. Roll Call #13: Ayes: Council Members Hix, Dennis, Hillery, White, Daivs, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. 21-4048 Council Member Dennis moved, seconded by Council Member Cox, to approve the reversal of the July 2020 delinquent fees posted to delinquent utility accounts. Total Water Fund revenue will be reduced by $35,035. Roll Call #14: Ayes: Council Members Hix, Dennis, Hillery, White, Daivs, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. 21-4049 Council Member Davis moved, seconded by Council Member Hillery, to approve Jaclyn Smith-Esters for the Ward Five Council Member vacancy with the term expiring 2023. Mayor Schwartzman stated that he conducted a process for the nomination of a candidate and believes Smith-Esters would be a great asset to the Council. May 3, 2021 Page 6 of 9 Roll Call #15: Ayes: Council Members White and Davis, 2. Nays: Council Members Hix, Dennis, Hillery, 3. Absent: None Abstain: Council Member Cox, 1. Chairman declared motion failed. Mayor Schwartzman called a recess at 6:31 p.m. The meeting resumed at 6:34 p.m. Council Member Hix moved, seconded by Council Member Cox, to reconsider the approval of the Ward Five Council Member vacancy at the May 17, 2021, City Council meeting. Roll Call #16: Ayes: Council Members Hix, Dennis, Hillery, White Davis, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. Council Member White asked for an explanation of the Council’s options for filling the term. City Attorney Brad Nolden stated that with the Mayor’s appointment, Council has thirty days to approve or the Mayor will appoint and forward a second candidate for consideration. If that nomination fails, the Mayor may then, without consent of Council, appoint either of the two candidates previously nominated. That person will serve until an appointment has received consent of the Council or until the seat’s election. Council Member Cox moved, seconded by Council Member Hillery, that the City Council sit as the Town Board. The motion carried by voice vote. TOWN BUSINESS 21-9009 Trustee Hillery moved, seconded by Trustee Cox, to approve Town bills and warrants be drawn in payment of same. Fund Title Amount Town Fund $1,261.83 General Assistance Fund $4,205.90 IMRF Fund Social Security/Medicare Fund Liability Fund $6,013.00 Audit Fund Total $11,480.73 Roll Call #17: May 3, 2021 Page 7 of 9 Ayes: Trustees Hix, Dennis, Hillery, White, Davis, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. Trustee Cox moved, seconded by Trustee Dennis, to resume sitting as the City Council. The motion carried by voice vote. CLOSING COMMENTS Council Members Dennis and Hillery congratulated all the newly elected Council Members and are looking forward to working with them. Council Member White stated that he is humbled to serve and thanked all those who helped him by voting, walking, and knocking on doors, especially his wife and children. He also thanked the outgoing officials and stated that he was affected by their departure. He plans to ask them for help and guidance if needed in the future. Council Member Davis thanked Wayne Allen for his many years of service in Ward Six and stated that she has big shoes to fill. She also thanked John Pritchard and Corine Andersen and feels Galesburg should be thankful for their service. She thanked the residents of Ward Six and hopes to give back to the community and looks forward to the next four years. Council Member Cox congratulated all the newly elected officials. He also thanked Wayne Allen for his 20 years of service and his attendance of likely over 500 meetings. He also thanked Corine Andersen for her thoughtfulness and wise decisions. Lastly he thanked John Pritchard for his dedication and leadership and hope he continues to stay active in the community. Council Member Hix welcomed and congratulated all the new members and thanked the outgoing Council Members for their service. He also added that he was in the Stearman Fly In golf outing today but that the fundraiser was rained out. Mayor Schwartzman stated that he would be initiating a new Mayor’s Appreciation Award to the Council meetings, and that the first one tonight will be in honor of Bob Dennis. He read from the certificate: With sincere appreciation for your service and sacrifice to our Country and to your twenty-eight years of commitment to the Galesburg Police Department and to the City of Galesburg. The Mayor thanked Wayne Allen for his mentorship when he was newly elected onto the Council and recognized his hard work on the Rotary Park project. He also thanked Corine Andersen for her service to the community and has always been a good listener to residents. Mayor Schwartzman stated that he is humbled by the confidence of residents for his new position. He also thanked Pastor Tony Franklin for the profound invocation and welcomed him May 3, 2021 Page 8 of 9 back to the community. He also reminded citizens that the Farmer’s Market opened on May 1st for the season on the corner of Simmons and Kellogg Streets, 8 a.m. - noon, through October. There being no further business, Council Member Cox moved, seconded by Council Member Dennis, to adjourn the regular meeting at 6:47 p.m. Roll Call #18: Ayes: Council Members Hix, Dennis, Hillery, White, Davis, and Cox, 6. Nays: None Absent: None Chairman declared motion carried. Peter D. Schwartzman, Mayor Kelli R. Bennewitz, City Clerk May 3, 2021 Page 9 of 9 WHEREAS, the red Poppy grew in the battlefields of France and Belgium where American servicemen died while protecting America’s freedom during two World Wars; and WHEREAS, the Poppy has been designated as a symbol of sacrifice of lives in all wars, veterans assemble the flowers in workshops, nursing homes and hospitals; and WHEREAS, the American Legion Auxiliary will distribute Poppies at local business locations May 28 and 29, 2021, with contributions going to the welfare of our veterans and their families; and WHEREAS, at this time especially, our Nation knows the price of war and the debt owed to those who have paid the ultimate price while preserving our freedom. NOW THEREFORE, I, Peter Schwartzman, Mayor of the City of Galesburg, Illinois, do hereby proclaim May 28 and 29, 2021, “POPPY DAYS” in the City of Galesburg and ask that all citizens purchase a poppy to show appreciation for the sacrifices of our honored soldiers. Dated this 17th day of May 2021. _____________________________________ Mayor Peter Schwartzman ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER MAY 17, 2021 AGENDA ITEM: Supplemental Motor Fuel Tax (MFT) Resolution for the Kellogg Street reconstruction project. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, and City Engineer recommend approval of the supplemental Motor Fuel Tax Resolution in the amount of $117,112.44. BACKGROUND: At the March 15, 2021 meeting, Council approved an MFT resolution for the use of $450,000 in MFT funds for the reconstruction of Kellogg Street from Dayton Street to Park Lane. It is proposed to use additional MFT funds in place of a portion of the City Gas Tax funds that were previously budgeted to fund part of the project. In order to utilize these additional MFT funds, IDOT requires that a supplemental MFT Resolution be approved. The additional MFT funds proposed for use on the Kellogg Street project were originally budgeted for use on a pavement patching project. City Gas Tax funds were used in place of the MFT funds on the pavement patching project so that additional MFT funds could be used for the reconstruction of Kellogg Street. BUDGET IMPACT: There are sufficient funds budgeted for this work in the 2021 Budget from the Motor Fuel Tax Fund (11) and City Gas Tax fund (14). SUPPORTING DOCUMENTS: 1. Supplemental MFT Resolution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repared by: WEC Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER MAY 17, 2021 AGENDA ITEM: Bids for test well for proposed new gravel pack well #6 at the Oquawka well field. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, Water Superintendent and Purchasing Agent recommend approval of the bid from Brotcke Well & Pump. in the amount of $38,881.00. BACKGROUND: The City currently has 4 gravel pack wells and one Ranney Collector Well. The Ranney Well was originally constructed in 1959 and has been rehabilitated several times since then with the most recent rehabilitation completed in 2019. This well can produce in excess of the City’s daily water demand by itself. In the 1970’s the City installed gravel pack wells #1, #2, and #3 to provide a backup water supply to enable the City to take the Ranney Well out of service for maintenance. These gravel pack wells have been rehabilitated numerous times over the years but have reached the end of their design life. Gravel pack #3 was taken out of service two years ago due to not being able to produce sufficiently. Gravel pack wells #1 and #2 were rehabbed last year so they are currently producing satisfactorily at this time but are anticipated to need rehabbed again in 2022. It is planned to retire gravel pack wells #1, #2, and #3 in the next couple of years due to their age. The City has already installed Gravel Pack Well #4 in 2016 and Gravel Pack Well #5 in 2020. It is now proposed to construct a new gravel pack well #6. Gravel pack wells #4 and #5 were both installed in the existing well field and connected to existing piping in that location due to the known aquifer location. However, due to the frequency of flooding events, it is advantageous for the City to locate the Gravel Pack Well #6 out of the floodplain up closer to the water treatment plant. In May 2020, the City Council approved a siting study for Gravel Pack Well #6 to investigate drilling a well near the treatment plant. The test well showed adequate water pumping capacity but had a high level of Nitrates that was just under the allowable limits at the location north of the treatment plant, so additional borings were taken just to the west of the existing plant which showed much lower Nitrates levels. It is believed that the location west of the plant will also yield an adequate supply of water based on the borings. The location west of the plant is a lower elevation, but the proposed well is proposed to be constructed above the flood plain. Its close location to the plant will allow it to utilize the backup power from the plant generator which is located outside of the floodplain. The proposed well location will also eliminate the need to access the well house by boat during flood events. The attached location map shows the proposed well location. On March 15, 2021, the City Council approved hiring Klingner and Associates, PC to prepare bid documents for the construction of Gravel Pack #6. As part of the design process, it is necessary to have a Contractor drill a test hole to make sure that the new well location will produce an adequate supply of water and that it will meet all required water quality requirements. Four contractors submitted bids for the work, with the lowest bid being from Brotcke Well & Pump from Fenton, MO. in the amount of $38,881.00. 21-3014 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 2 of 2 BUDGET IMPACT: There are sufficient funds budgeted in the Capital Replacement Schedule for Water Division for this work. SUPPORTING DOCUMENTS: 1. Bid Tabulation 2.Location Map CITY OF GALESBURGPurchasing Bid TabulationOperating Under Council- Manager Government Since 1957Bid for:Test Well for GP Well # 6 (2021)BIDDER NAME:Project: N/ABid Date: 5/5/2021CITY/STATE/ZIP:UNITUNITUNITUNITQTY UNIT ITEMPRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL1 LS Test Well Drilling & Development20,000.00$ 20,000.00$ 16,920.00$ 16,920.00$ 20,874.00$ 20,874.00$ 14,080.00$ 14,080.00$ 1 LS Test Well Casing, Screen, Packing10,000.00$ 10,000.00$ 4,365.00$ 4,365.00$ 7,153.00$ 7,153.00$ 4,912.00$ 4,912.00$ 1 LS Pump Test10,000.00$ 10,000.00$ 8,996.00$ 8,996.00$ 10,580.00$ 10,580.00$ 10,660.00$ 10,660.00$ 1 LS Test Well Sealing and Site Restoration10,000.00$ 10,000.00$ 3,800.00$ 3,800.00$ 4,400.00$ 4,400.00$ 4,388.00$ 4,388.00$ 1 LS Test Well Report6,250.00$ 6,250.00$ 4,800.00$ 4,800.00$ 1,500.00$ 1,500.00$ 7,555.00$ 7,555.00$ Total Cost for Project:56,250.00$ 38,881.00$ 44,507.00$ 41,595.00$ Bid SecurityBid BondBid BondBid BondBid BondCahoy Well & Pump ServiceSumner, IATrotter General Contracting Brotcke Well & PumpLayne ChristensenIndustry, IL Fenton, MOFenton, MOLow and Best Bid ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER MAY 17, 2021 AGENDA ITEM: Bids for reconstructing Kellogg Street from Dayton Street to Park Lane Avenue. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, City Engineer, and Purchasing Agent recommend approval of the bid in the amount of $741,562.44 to Gunther Construction, a division of United Contractors Midwest. BACKGROUND: The existing street base and concrete curb and gutter will be completely removed and replaced with a new full depth concrete pavement and concrete curb and gutter. This contract also includes construction of all new concrete driveway approaches from the street to the back of the sidewalk as well as replacement of the sidewalks. The bid documents require the Contractor to harvest the existing bricks on this street and place them in the City’s brick storage yard. At the City’s request, the Contractor submitted a credit in the amount of $30,000 if they were not required to salvage the bricks from this project. It is recommended to reject the credit and harvest the bricks for storage so that they can be used for reconstruction of a protected brick street in the future. The project was advertised in the Register Mail, in the Illinois Department of Transportation Bulletin to all contractors statewide, and on the City’s website. Nine (9) bid proposals were sent out and five (5) bids were received. The low bidder was Gunther Construction Co. from Galesburg, IL in the amount of $741,562.44. The bid for this project was within the estimated amount anticipated for the work. The work will be done in two stages and the contractor will have 45 working days to complete the project. It is anticipated that the project will begin in June. BUDGET IMPACT: $174,450 will be paid Fund 14 (City Gas Tax), Line Item 78010 and 567,112.44 will be paid from Fund 11 (Motor Fuel Tax), Line Item 78010. $450,000 was originally budgeted for the project from Motor Fuel Tax and $300,000 from City Gas Tax. $125,550 in City Gas Tax funds were used on another road project in order to use additional Motor Fuel Tax funds on this project. SUPPORTING DOCUMENTS: 1. Vendors contacted 2. Bid Tabulation 21-3015 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: AJG Page 2 of 2 VENDORS CONTACTED: Gunther Construction Co., Galesburg, IL Brandt Construction, Milan, IL Laverdiere Construction, Macomb, IL McCarthy/Foley, Davenport, IA Illinois Civil Contractors, Inc., East Peoria, IL Hein Construction Co., Galesburg, IL Valley Construction Co., Rock Island, IL Otto Baum Co., Morton IL County Contractors, Inc., Quincy, IL CITY OF GALESBURGPurchasingOperating Under Council- Manager Government Since 1957KELLOGG ST RECONSTRUCTION BIDDER NAME:Section: 21-00463-10-RPBIDDER ADDRESS:Bid Date: 5/5/2021CITY/STATE/ZIP:ATTENDED BY: BOYNTON/GAVINUNIT UNIT UNIT UNIT UNITQTY UNIT ITEMPRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL111 CUYD TRENCH BACKFILL112.00$ 12,432.00$ 94.38$ 10,476.18$ 80.00$ 8,880.00$ 167.16$ 18,554.76$ 53.40$ 5,927.40$ 3797 SQYD GEO FAB FOR GRD STAB2.00$ 7,594.00$ 1.69$ 6,416.93$ 1.10$ 4,176.70$ 1.71$ 6,492.87$ 2.70$ 10,251.90$ 761 SQYD AGG BASE CSE, TY B, 2"8.00$ 6,088.00$ 10.48$ 7,975.28$ 12.00$ 9,132.00$ 10.20$ 7,762.20$ 6.40$ 4,870.40$ 3658 SQYD AGG BSE CSE, TY B, 6"10.00$ 36,580.00$ 11.46$ 41,920.68$ 12.50$ 45,725.00$ 14.74$ 53,918.92$ 16.90$ 61,820.20$ 145 SQYD AGG BSE CSE, TY B, 8"15.00$ 2,175.00$ 56.59$ 8,205.55$ 30.00$ 4,350.00$ 32.35$ 4,690.75$ 30.00$ 4,350.00$ 33 POUNDSPOLY BIT MATLS (TACK)3.00$ 99.00$ 1.12$ 36.96$ 12.00$ 396.00$ 1.27$ 41.91$ 3.50$ 115.50$ 12 TON POLY HMA BC, IL9.5, N50475.00$ 5,700.00$ 475.23$ 5,702.76$ 295.00$ 3,540.00$ 537.63$ 6,451.56$ 350.00$ 4,200.00$ 12 TOn POLY SC, MIX "D", N50475.00$ 5,700.00$ 475.23$ 5,702.76$ 295.00$ 3,540.00$ 537.63$ 6,451.56$ 350.00$ 4,200.00$ 3129 SQYD PCC PVT, 7"55.00$ 172,095.00$ 46.38$ 145,123.02$ 60.00$ 187,740.00$ 52.98$ 165,774.42$ 70.00$ 219,030.00$ 761 SQYD PCC DWY PVT, 6"70.00$ 53,270.00$ 64.87$ 49,366.07$ 66.50$ 50,606.50$ 68.76$ 52,326.36$ 81.00$ 61,641.00$ 5365 SQFT PCC SW, 4"10.00$ 53,650.00$ 8.78$ 47,104.70$ 11.00$ 59,015.00$ 7.95$ 42,651.75$ 10.00$ 53,650.00$ 1519 SQFT PCC SW, 6"11.00$ 16,709.00$ 10.27$ 15,600.13$ 11.00$ 16,709.00$ 8.50$ 12,911.50$ 10.00$ 15,190.00$ 173 SQFT PCC SW, 8"17.00$ 2,941.00$ 33.25$ 5,752.25$ 27.50$ 4,757.50$ 10.81$ 1,870.13$ 18.50$ 3,200.50$ 56 SQFT DETECTABLE WARNINGS70.00$ 3,920.00$ 19.11$ 1,070.16$ 33.00$ 1,848.00$ 24.73$ 1,384.88$ 40.00$ 2,240.00$ 666 SQYD DWY PVT REM9.00$ 5,994.00$ 13.30$ 8,857.80$ 20.00$ 13,320.00$ 28.19$ 18,774.54$ 7.70$ 5,128.20$ 2201 FT CCC&G REM3.00$ 6,603.00$ 3.31$ 7,285.31$ 9.00$ 19,809.00$ 5.17$ 11,379.17$ 3.00$ 6,603.00$ 6958 SQFT SIDWALK REM1.50$ 10,437.00$ 2.46$ 17,116.68$ 2.00$ 13,916.00$ 2.45$ 17,047.10$ 2.75$ 19,134.50$ 30 FT SS, CL B , TY 1, 10"110.00$ 3,300.00$ 158.77$ 4,763.10$ 123.00$ 3,690.00$ 125.67$ 3,770.10$ 87.00$ 2,610.00$ 24 FT SS, CL B, TY 1, 12"68.00$ 1,632.00$ 82.50$ 1,980.00$ 100.00$ 2,400.00$ 118.76$ 2,850.24$ 99.50$ 2,388.00$ 601 FT SS, CL B, TY2, 12"67.00$ 40,267.00$ 70.50$ 42,370.50$ 105.00$ 63,105.00$ 96.03$ 57,714.03$ 96.00$ 57,696.00$ 83 FT SS REM, 10"66.00$ 5,478.00$ 48.22$ 4,002.26$ 40.00$ 3,320.00$ 54.30$ 4,506.90$ 20.70$ 1,718.10$ 462 FT SS REM, 12"74.00$ 34,188.00$ 44.09$ 20,369.58$ 45.00$ 20,790.00$ 44.75$ 20,674.50$ 20.70$ 9,563.40$ 1 EA MH, TYA, 5 DIA, TY 3 FR & GR6,454.00$ 6,454.00$ 5,057.58$ 5,057.58$ 4,750.00$ 4,750.00$ 4,339.74$ 4,339.74$ 4,094.00$ 4,094.00$ 7 EA INLET, TY A , TY 3 FR & GR2,325.00$ 16,275.00$ 2,417.41$ 16,921.87$ 2,400.00$ 16,800.00$ 3,401.10$ 23,807.70$ 2,600.00$ 18,200.00$ 6 EA INLET, TY B, TY3 FR &GR2,446.00$ 14,676.00$ 3,121.75$ 18,730.50$ 2,800.00$ 16,800.00$ 2,865.19$ 17,191.14$ 3,178.00$ 19,068.00$ 6 EA MH TO BE ADJ969.00$ 5,814.00$ 662.29$ 3,973.74$ 800.00$ 4,800.00$ 527.25$ 3,163.50$ 1,000.00$ 6,000.00$ 8 EA INLET REM303.00$ 2,424.00$ 535.82$ 4,286.56$ 650.00$ 5,200.00$ 377.49$ 3,019.92$ 342.00$ 2,736.00$ 2243 FT CCC&G TB6.1836.00$ 80,748.00$ 36.72$ 82,362.96$ 35.00$ 78,505.00$ 31.34$ 70,295.62$ 20.55$ 46,093.65$ 1 LSUM MOBILIZATION15,349.00$ 15,349.00$ 12,531.09$ 12,531.09$ 65,000.00$ 65,000.00$ 44,000.00$ 44,000.00$ 38,000.00$ 38,000.00$ 1 LSUM TC&P, SPL6,301.00$ 6,301.00$ 5,685.04$ 5,685.04$ 6,500.00$ 6,500.00$ 4,862.26$ 4,862.26$ 4,950.00$ 4,950.00$ 6 SQYD HMA DWY PVT, 3"161.00$ 966.00$ 161.23$ 967.38$ 170.00$ 1,020.00$ 1,093.98$ 6,563.88$ 100.00$ 600.00$ 1 LSUM CONSTRUCTION LAYOUT10,218.00$ 10,218.00$ 4,652.35$ 4,652.35$ 6,700.00$ 6,700.00$ 6,674.73$ 6,674.73$ 5,900.00$ 5,900.00$ 3213 SQYD PVT REM, SPL34.00$ 109,242.00$ 29.76$ 95,618.88$ 40.00$ 128,520.00$ 29.26$ 94,012.38$ 34.60$ 111,169.80$ 2943 SQYD TOPSOIL, EX & PL5.00$ 14,715.00$ 8.31$ 24,456.33$ 5.50$ 16,186.50$ 8.36$ 24,603.48$ 5.90$ 17,363.70$ 1 LSUM LANDSCAPING9,834.00$ 9,834.00$ 7,725.38$ 7,725.38$ 4,500.00$ 4,500.00$ 22,243.65$ 22,243.65$ 14,715.00$ 14,715.00$ 14 SQYD REM & RELAY BR ST106.00$ 1,484.00$ 99.58$ 1,394.12$ 315.00$ 4,410.00$ 161.56$ 2,261.84$ 200.00$ 2,800.00$ TOTAL COST W/O ALT 1 781,352.00$ 741,562.44$ 900,457.20$ 845,039.99$ 847,218.25$ 1 LSUM ALT BID#1 PVT REM CREDIT37,000.00$ 37,000.00$ 30,000.00$ 30,000.00$ 60,000.00$ 60,000.00$ 50,000.00$ 50,000.00$ 65,000.00$ 65,000.00$ TOTAL COST WITH ALT 1 744,352.00$ 711,562.44$ 840,457.20$ 795,039.99$ 782,218.25$ Addendum 1Yes Yes Yes Yes Yes Apparent Low BidBid Bond Bid Bond Bid Bond Bid BondMacomb, IL 61455 Galesburg, IL 61401 Milan, IL 61264 E. Peoria, IL 61611 Laverdiere Construciton Gunther Construciton Co Brandt Construction Co.IL. Civil Contractors, Inc4055 W Jackson St816 N Henderson St700 4th St. W.420 Pinecrest Dr.Fischer Excavating1567 Heine RdFreeport, IL 61032Bid Bond __________________________________________________________________________________________________________________________________________________________________________________________ Prepared by GPO Page 1 of 1 COUNCIL LETTER CITY OF GALEBURG MAY 17, 2021 AGENDA ITEM: Budget Adjustment #1 – Budget Year December 31, 2021. SUMMARY RECOMMENDATION: The City Manager and Director of Finance and Information Systems recommend approval of the December 31, 2021 Budget Adjustment #1 as presented. BACKGROUND: The City uses the Municipal Budget System for budget purposes. Budget adjustments are an accounting function used to ensure expenditures are posted according to Generally Accepted Accounting Principles. The listed budget adjustments would be made to the expense accounts for purchase orders committed to vendors prior to December 31, 2020 and considered outstanding as of January 1, 2021. On the attached detail sheet “PYPO” refers to Prior Year Purchase Order. Funding for these adjustments is provided from budgeted but unexpended fund balance which will also carry over from the prior year. BUDGET IMPACT: These transactions are accounting reclassifications due to projects started in FY 2020 that will be carried over to fiscal year ending December 31, 2021. SUPPORTING DOCUMENTATION: 1.December 31, 2021 Budget Adjustment #1 21-4050 General Ledger Budget Adjustment Proof List User:gosborn Printed:04/29/2021 - 4:09PM Fiscal Year: 2021 Batch:00001.04.2021 - 2021 BA #1 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 001 - General DEPT 0207 - Management Information Systems EXPENSE Annual Budget 001-0207-61700-00 73,730.00 52,500.00 PYPO Website upgrade/infrastructure management software Minor Computer Equip & Supp 0.00Annual 52,500.00 73,730.00Period Total: 0.00 Expense Total: 0.00 52,500.00 73,730.00 52,500.00 73,730.00 0.00 0.00 Expense Total: Revenue Total: 73,730.00 52,500.00DEPT 0207 - Management Information Systems Net Amoun 0.00 0.00 21,230.00 DEPT 0605 - Fire EXPENSE Annual Budget 001-0605-67500-00 55,750.00 36,390.00 PYPO Dex coats & pants turnout gear Safety Clothing & Supplies 0.00Annual 36,390.00 55,750.00Period Total: 0.00 Expense Total: 0.00 36,390.00 55,750.00 36,390.00 55,750.00 0.00 0.00 Expense Total: Revenue Total: 55,750.00 36,390.00DEPT 0605 - Fire Net Amount: 0.00 0.00 19,360.00 88,890.00 129,480.00 0.00 0.00 Expense Total: Revenue Total: 129,480.00 88,890.00FUND 001 - General Net Amount: 0.00 0.00 40,590.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 1 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 011 - Motor Fuel Tax DEPT 0000 - EXPENSE Annual Budget 011-0000-55700-00 958,840.00 950,000.00 PYPO Traffic signal upgrade project Maint of Building & Improvemnt 0.00Annual 011-0000-78040-00 129,305.00 0.00 PYPO Farnham St bridge projectBridges 0.00Annual 950,000.00 1,088,145.00Period Total: 0.00 Expense Total: 0.00 950,000.00 1,088,145.00 950,000.00 1,088,145.00 0.00 0.00 Expense Total: Revenue Total: 1,088,145.00 950,000.00DEPT 0000 - Net Amount: 0.00 0.00 138,145.00 950,000.00 1,088,145.00 0.00 0.00 Expense Total: Revenue Total: 1,088,145.00 950,000.00FUND 011 - Motor Fuel Tax Net Amount: 0.00 0.00 138,145.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 2 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 013 - Grants DEPT 0000 - EXPENSE Annual Budget 013-0000-51000-00 943,175.00 846,915.00 PYPO Document prep & construction engineering lead service lines Professional Services 0.00Annual 013-0000-61900-00 23,450.00 0.00 PYPO Tioga restroom at boat ramp Minor Buildings and Structures 0.00Annual 013-0000-83100-00 7,151,715.00 6,336,130.00 PYPO Lead service line replacements Contributions to Others 0.00Annual 7,183,045.00 8,118,340.00Period Total: 0.00 Expense Total: 0.00 7,183,045.00 8,118,340.00 7,183,045.00 8,118,340.00 0.00 0.00 Expense Total: Revenue Total: 8,118,340.00 7,183,045.00DEPT 0000 - Net Amount: 0.00 0.00 935,295.00 7,183,045.00 8,118,340.00 0.00 0.00 Expense Total: Revenue Total: 8,118,340.00 7,183,045.00FUND 013 - Grants Net Amount: 0.00 0.00 935,295.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 3 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 014 - City Gas Tax DEPT 0000 - EXPENSE Annual Budget 014-0000-51000-00 36,900.00 29,400.00 PYPO Grant services for Phillips St reconstruction Professional Services 0.00Annual 29,400.00 36,900.00Period Total: 0.00 Expense Total: 0.00 29,400.00 36,900.00 29,400.00 36,900.00 0.00 0.00 Expense Total: Revenue Total: 36,900.00 29,400.00DEPT 0000 - Net Amount: 0.00 0.00 7,500.00 29,400.00 36,900.00 0.00 0.00 Expense Total: Revenue Total: 36,900.00 29,400.00FUND 014 - City Gas Tax Net Amount: 0.00 0.00 7,500.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 4 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 018 - Storm Water Utility DEPT 0000 - EXPENSE Annual Budget 018-0000-78050-00 554,425.00 550,000.00 PYPO Storm sewer engineering Monmouth Blvd. to South St Storm Drainage 0.00Annual 550,000.00 554,425.00Period Total: 0.00 Expense Total: 0.00 550,000.00 554,425.00 550,000.00 554,425.00 0.00 0.00 Expense Total: Revenue Total: 554,425.00 550,000.00DEPT 0000 - Net Amount: 0.00 0.00 4,425.00 550,000.00 554,425.00 0.00 0.00 Expense Total: Revenue Total: 554,425.00 550,000.00FUND 018 - Storm Water Utility Net Amount: 0.00 0.00 4,425.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 5 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 019 - Parks & Recreation DEPT 1945 - Lakeside Recreation Facility EXPENSE Annual Budget 019-1945-55700-00 17,000.00 2,000.00 PYPO Batting cage equipment & installation Maint of Building & Improvemnt 0.00Annual 2,000.00 17,000.00Period Total: 0.00 Expense Total: 0.00 2,000.00 17,000.00 2,000.00 17,000.00 0.00 0.00 Expense Total: Revenue Total: 17,000.00 2,000.00DEPT 1945 - Lakeside Recreation Facility Net Amount: 0.00 0.00 15,000.00 2,000.00 17,000.00 0.00 0.00 Expense Total: Revenue Total: 17,000.00 2,000.00FUND 019 - Parks & Recreation Net Amount: 0.00 0.00 15,000.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 6 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 020 - Airport Operations DEPT 0000 - EXPENSE Annual Budget 020-0000-51000-00 9,310.00 0.00 PYPO Airport consultation services Professional Services 0.00Annual 0.00 9,310.00Period Total: 0.00 Expense Total: 0.00 0.00 9,310.00 0.00 9,310.00 0.00 0.00 Expense Total: Revenue Total: 9,310.00 0.00DEPT 0000 - Net Amount: 0.00 0.00 9,310.00 0.00 9,310.00 0.00 0.00 Expense Total: Revenue Total: 9,310.00 0.00FUND 020 - Airport Operations Net Amount: 0.00 0.00 9,310.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 7 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 024 - Economic Development DEPT 0000 - EXPENSE Annual Budget 024-0000-61700-00 16,175.00 12,500.00 PYPO Website upgradeMinor Computer Equip & Supp 0.00Annual 12,500.00 16,175.00Period Total: 0.00 Expense Total: 0.00 12,500.00 16,175.00 12,500.00 16,175.00 0.00 0.00 Expense Total: Revenue Total: 16,175.00 12,500.00DEPT 0000 - Net Amount: 0.00 0.00 3,675.00 12,500.00 16,175.00 0.00 0.00 Expense Total: Revenue Total: 16,175.00 12,500.00FUND 024 - Economic Development Net Amount: 0.00 0.00 3,675.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 8 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 053 - Building Repair & Maintenance DEPT 0000 - EXPENSE Annual Budget 053-0000-75000-00 99,300.00 83,000.00 PYPO Campground restroom/shower building Buildings 0.00Annual 053-0000-76000-00 465,610.00 55,120.00 PYPO Street building architect, engineering & rehab costs Improvemnt Other Than Building 0.00Annual 138,120.00 564,910.00Period Total: 0.00 Expense Total: 0.00 138,120.00 564,910.00 138,120.00 564,910.00 0.00 0.00 Expense Total: Revenue Total: 564,910.00 138,120.00DEPT 0000 - Net Amount: 0.00 0.00 426,790.00 138,120.00 564,910.00 0.00 0.00 Expense Total: Revenue Total: 564,910.00 138,120.00FUND 053 - Building Repair & Maintenance Net Amount: 0.00 0.00 426,790.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 9 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 057 - Computer Replacement DEPT 0000 - EXPENSE Annual Budget 057-0000-55800-00 11,445.00 0.00 PYPO Financial software upgrade & custom coding Maint of Computer Equipment 0.00Annual 0.00 11,445.00Period Total: 0.00 Expense Total: 0.00 0.00 11,445.00 0.00 11,445.00 0.00 0.00 Expense Total: Revenue Total: 11,445.00 0.00DEPT 0000 - Net Amount: 0.00 0.00 11,445.00 0.00 11,445.00 0.00 0.00 Expense Total: Revenue Total: 11,445.00 0.00FUND 057 - Computer Replacement Net Amount: 0.00 0.00 11,445.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 10 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 059 - Utility Tax Capital Projects DEPT 0000 - EXPENSE Annual Budget 059-0000-51000-00 9,950.00 1,500.00 PYPO Golf Course drainage engineering/architect costs Professional Services 0.00Annual 059-0000-61900-00 11,815.00 0.00 PYPO Tioga restroom at boat ramp Minor Buildings & Structures 0.00Annual 059-0000-75000-00 31,725.00 0.00 PYPO Installation of new campground restroom Buildings 0.00Annual 059-0000-76000-00 418,690.00 159,000.00 PYPO Lakeside play feature & parking Lot E reconstruction Improvemnt Other Than Building 0.00Annual 160,500.00 472,180.00Period Total: 0.00 Expense Total: 0.00 160,500.00 472,180.00 160,500.00 472,180.00 0.00 0.00 Expense Total: Revenue Total: 472,180.00 160,500.00DEPT 0000 - Net Amount: 0.00 0.00 311,680.00 160,500.00 472,180.00 0.00 0.00 Expense Total: Revenue Total: 472,180.00 160,500.00FUND 059 - Utility Tax Capital Projects Net Amount: 0.00 0.00 311,680.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 11 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 061 - Water Operations DEPT 0000 - EXPENSE Annual Budget 061-0000-51000-00 181,195.00 154,380.00 PYPO Water rate study, risk & resilience assessment & water SCADA historian installation Professional Services 0.00Annual 061-0000-61700-00 54,175.00 50,500.00 PYPO Website upgradeMinor Computer Equip & Supp 0.00Annual 061-0000-66700-00 295,170.00 250,000.00 PYPO Water metersMeters 0.00Annual 454,880.00 530,540.00Period Total: 0.00 Expense Total: 0.00 454,880.00 530,540.00 454,880.00 530,540.00 0.00 0.00 Expense Total: Revenue Total: 530,540.00 454,880.00DEPT 0000 - Net Amount: 0.00 0.00 75,660.00 454,880.00 530,540.00 0.00 0.00 Expense Total: Revenue Total: 530,540.00 454,880.00FUND 061 - Water Operations Net Amount: 0.00 0.00 75,660.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 12 Account Number Description Original Budget New Budget Transaction Description Transfer DescriptionTransfer Amt.Period FUND 078 - Risk Management DEPT 0000 - EXPENSE Annual Budget 078-0000-56597-00 52,535.00 40,245.00 PYPO Ornamental light poleProperty 0.00Annual 40,245.00 52,535.00Period Total: 0.00 Expense Total: 0.00 40,245.00 52,535.00 40,245.00 52,535.00 0.00 0.00 Expense Total: Revenue Total: 52,535.00 40,245.00DEPT 0000 - Net Amount: 0.00 0.00 12,290.00 40,245.00 52,535.00 0.00 0.00 Expense Total: Revenue Total: 52,535.00 40,245.00FUND 078 - Risk Management Net Amount: 0.00 0.00 12,290.00 GL-Budget Adjustment Proof List (4/29/2021 - 4:09 PM)Page 13 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 17, 2021 AGENDA ITEM: Employee Benefits Consulting Agreement with Assured Partners SUMMARY RECOMMENDATION: The City Manager and the City Attorney / Administrative Services Director recommend the City Council approve a contract with Assured Partners to provide Benefits Consulting and Wellness Services for the period 7/1/2021 through 12/31/2022. BACKGROUND: Beginning in 2018, the City’s group health insurance plan has been purchased through a broker. A comprehensive review by staff determined that additional valuable services should be provided by the broker in addition to placing insurance. In March, the City issued a Request for Qualifications (RFQ) from interested parties to provide those services. This request called for firms to provide their qualifications for determining effective health plan designs, cost-containment programs and wellness initiatives. Five firms, including our current insurance broker, responded by submitting their qualifications and providing pricing information. All five provided presentations to human resources staff. Staff selected Assured Partners and Gallagher Bassett as the most qualified to provide these services and these firms were asked to present a second time to a group of Department Heads. After the completion of these interviews, the Administration determined that Assured Partners is the firm that provides the qualifications, services and expertise that are best tailored to the City’s needs. The fee offered for their services is a flat fee of $50,000 per year, beginning 1/1/2022. For the period 7/1/21–12/31/21 their fee will be offset by commission savings when our current group health plan is transferred to them by way of a “broker of record” letter. BUDGET IMPACT: Funding for services is included in the 2021 proposed Benefits Budget 078- 51000 professional services and will be included in the 2022 Benefits Budget. SUPPORTING DOCUMENTS: 1.Assured Partners Consulting Proposal 2. Assured Partners Contract 21-4051 Response to Request for Qualifications Benefits Consulting and Brokerage Services March 15, 2021 AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 2 Table of Contents Cover Letter and Executive Summary .................................................................... 3 Signature Sheet ..................................................................................................... 4 Consulting Firm Background .................................................................................. 5 Organizational Chart .............................................................................................. 6 Qualifications of the Consultants ........................................................................... 7 Relevant Experience .............................................................................................. 9 References............................................................................................................. 11 Deliverables Blueprint .......................................................................................................... 12 Brokering of Insurance Coverages…………………………………………………………………… 14 Claims Analysis .................................................................................................. 14 Plan Design Modeling ........................................................................................ 15 Compliance / Healthcare Reform/HR Advisory .................................................. 16 Employee Communication Assistance ............................................................... 17 Enrollment Solutions and Technology……………………………………………………………… 18 Wellness and Health Risk Solutions ................................................................... 18 Benchmarking ................................................................................................... 18 Voluntary Benefit Consulting ............................................................................. 19 Pharmacy Analytics (Self-Funded) …………………………………………………………………….19 VIP Network ...................................................................................................... 20 AssuredExcellence ............................................................................................. 21 Consulting Cost & Compensation ........................................................................... 22 Certificate of Errors & Omissions Liability Coverage ............................................... 23 Primary & Secondary Consultants Insurance License ............................................. 25 Account Manager Insurance License.………………………………………………………………….…26 AssuredPartners Great Plains, LLC Insurance License…………………………………………… 27 AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 3 March 15, 2021 City of Galesburg Attn: Kraig D. Boynton, Purchasing Agent 55 W. Tompkins Street Galesburg, IL 61401 Dear Mr. Boynton, AssuredPartners Great Plains, LLC (Molyneaux) is pleased to present this Request for Qualifications response for Benefits Consulting and Brokerage Services for The City of Galesburg. Our proposal is structured to address the “Scope of Work & Standards” and outline new programs exclusive to AssuredPartners: • Develop a modern benefits strategy that aligns The City of Galesburg’s human resources and organizational strategies. We will use our proven, proprietary process that we call Blueprint. This foundational program will assist The City of Galesburg in the development, execution and ongoing review of your strategy. • Provide a multi-disciplined consulting and service team that serves as a direct conduit of information for The City of Galesburg and to help City and their employees with benefit, claim, and/or other benefit-related questions. • Assist and support wellness efforts to improve and manage the population health of The City of Galesburg workforce utilizing data analytics. • Benchmark the City of Galesburg against the highest-performing benefit programs and ensure the City stays competitive and high-performing. • Deliver AssuredPartners’ robust Population Health Management and Data Analytics in addition to all Brokerage, Compliance, and Communications Services that will lead to lower plan costs and increased efficiencies, allowing The City of Galesburg to focus on more strategic issues. • Offer a proactive service model to address all pending and newly arising challenges. This will begin with a complete review of all past service issues and conclude with an executable timeline for smooth transition and ongoing management. AssuredPartners/Molyneaux has built a business model, Blueprint, that enables us to deliver all of the solutions you need to design, improve and sustain a high-performing benefit strategy. We look forward to reviewing this proposal with you and answering any questions you may have. Respectfully submitted, Christopher J. Bayer, CLF®, REBC®, Vice President , Employee Benefits AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 4 Signature Sheet My signature certifies that the proposal as submitted complies with all terms and conditions set forth herein, except where specifically noted. I hereby certify that I am authorized to sign as Representative for the proposing firm: Complete Legal Name of Firm: AssuredPartners Great Plains, LLC, dba Molyneaux Address: 101 East Main Street Suite 202 Galesburg, IL 61401 Signature: ____________________________________________________________________________________ Print Name: Christopher J. Bayer Title: Vice President, Employee Benefits Telephone: Office: 563-823-7053 Office: 309-738-0983 Date: 3/15/2021 To receive consideration to be selected, this executed signature sheet must be returned as part of your proposal. A AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 5 Consulting Firm Background AssuredPartners serves as an international benefits & commercial insurance broker/consultant for clients in all 50 states, as well as overseas. AssuredPartners is headquartered in Lake Mary, FL. • AssuredPartners – Formed in 2011 o AssuredPartners Great Plains, LLC ▪ LMC Insurance & Risk Management – 1865 ▪ Molyneaux – 1926 ▪ Friedman – 1928 • 11th largest insurance brokerage firm in the US • Offices: 38 States, 2 Countries • 300+ locations • 7,000+ Employees • 1,350+ insurance carrier relationships • $1.7B+ annualized revenue A national team of employee benefit professionals from across AssuredPartners has been formed to maximize The City of Galesburg’s healthcare and employee benefits investment. AssuredPartners Great Plains, LLC was formed on February 1, 2020 out of LMC Insurance & Risk Management. The LMC Holding Corporation consisted of LMC Insurance located in West Des Moines, Molyneaux located in Davenport IA and Galesburg, IL, and Friedman located in Dubuque, IA. All these offices are multi-generation organizations with some dating back to the 1800’s. We are best known for providing organizations with improved brokerage, consulting , and administrative solutions. AssuredPartners Great Plains has more than 350 employee benefits clients and its global scope utilizes big data and technology to provide greater clarity and out-of-the-box solutions to maximize the return on client’s healthcare investment. AssuredPartners has local offices in Galesburg & Davenport staffed with 48 employees including local Account Executives, Share Holders, Account Managers, and Client Service Executives. The City of Galesburg will work with the Galesburg and Davenport offices pri marily. AssuredPartners has the tools and resources that rival even our biggest competitors, yet we are small enough to deliver our solutions with care and personal attention. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 6 Organizational Chart We believe that a dedicated team approach best serves our clients and their various service needs. As such, we are organized into cross-functional, client-focused teams. We will work with The City of Galesburg’s team to ensure smooth implementation and exceed ongoing expectations. It is important to note that each client is assessed based upon their unique needs using Blueprint. Depending upon the size and scope of the client’s deliverables, we will further lim it the maximum number of clients that the Account Management Team and their support teams will be assigned. Mike Kanjorski Director, Account Management Selma Taylor Director, Communications & Graphics Regina Mize CSR Director Susan Klingenberg Sr. Operations Consultant Consultation and Strategy Chris Bayer, CLF®, REBC® Vice President Data Analytics & Support Team Leader Don Feipel Client Service Executive Brooke Howell, PHR* Account Manger Account Management & HR Support Employee Advocate & Insurance Carrier Marketing Cheri Kraklio Account Manager Compliance Analysis Tom Seltz, PPACA® Regulatory Compliance Executive Chris Boling, PAPACA Vice President Consultation and Strategy Your Account Management team is highly experienced in similarly positioned fully-insured & self- funded organizations. This team would be onsite regularly for strategic and optional meetings. DIRECT TEAM Various members make up the Support Team including Data Analytics, Employee Advocacy, Carrier Marketing, and Compliance Analysis. SUPPORT TEAM AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 7 Qualifications of the Consultant s Biography of Principal Consultant Christopher Bayer, CLF®, REBC®, Vice President, joined AssuredPartners/Molyneaux in April 2016 as an Employee Benefits Account Executive. He was promoted to Vice President in October 2019 and became a share-holder in April 2020. Chris began his career in the insurance field in 2003 as a sales intern with a voluntary benefits carrier. He spent the next 13 years developing and executing benefits strategies for employers and benefit advisors throughout the Midwest. In his role as Vice President, employers look to Chris to design, enhance, and sustain benefit programs, both fully-insured and self-funded. Chris and his family reside in Galesburg, IL where he is Past Chairman of the Galesburg Area Chamber of Commerce, a member of the Galesburg Noon Lions Club, and a Knox County CEO Student Mentor. Biography of Secondary Consultant Chris Boling, PACCA, Vice President, joined AssuredPartners/Molyneaux in October 2010 as an Employee Benefits Account Executive. He was promoted to Vice President and became a share-holder in January 2014. Chris began his insurance career with his father in June of 1990. They both started Midwest Insurance Consultants and in 2005 Chris branched off on his own starting Mercator Assurance Partners in Rockford, Illinois. Chris and his team grew Mercator Assurance Partners to be a highly respected agency helping employers control costs while improving the benefit experience for employees. In 2010, Chris had the opportunity to merge his agency with Molyneaux and has continued his passion of helping employers become high performing. Chris and his wife live in Davenport, IA, and their three grown children live in the Denver, CO area. Chris and his wife serve on multiple boards helping organization s who assist adults and children with mental and physical disabilities. Biography of Account Management & HR Support Brooke Howell, PHR, devotes her time to assisting clients with day to day questions and processes such as eligibility, enrollment, billing, claims inquiries and other related matters. She also prepares analyses for Account Executives. Brooke’s focus is on being a trusted partner to help her clients reach their strategic goals. Brooke has worked with Employee Benefits Programs for over 12 years and also has an extensive backg round in Human Resources. Having worked in both Public and Private Sector positions has allowed her to better understand how the two can be uniquely different yet have similar challenges when it comes to running an efficient benefits program. Prior to transitioning to the Insurance Consulting world, Brooke spent nearly 10 years managing a benefits program for a local governmental agency and is experienced in working with Unions, Management, Public Employees and their families. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 8 Biography of Data Analytics & Support Team Leader Don Feipel has been involved in health care for over 30 years; from a service provider and plan sponsor to consulting benefit plans. Don has a broad knowledge of the industry to include plan designs, COBRA, Section 125, ERISA, and the various state and federal regulations that govern benefit plans, including the Affordable Care Act. Don works with his clients to ensure that they achieve both their strategic and tactical goals for their benefit programs through detailed analysis and cost trends; offering options to better align goals. Plan participants have used Don to help them better understand their benefits and help them become better consumers of health plan dollars. Don has been active in many of the industry associations and organizations and has been a local, regional, and national speaker on innovative health plan cost control and compliance related topics. Don has also been responsible for the onboarding of hundreds of clients , providing educational enrollment meetings and follow-up meetings to ensure that the plan participants understand their benefits. Biography of Employee Advocate & Insurance Carrier Marketing Cheri Kraklio joined Molyneaux team in October 2019. She assists our clients and their employees as an advocate to help navigate the healthcare environment. In addition, Cheri also helps our Account Executives and other Account Managers with day to day questions. Before joining Molyneaux, Cheri spent 15 years in the medical provider world as an Office Administrator. She dealt day to day with claims, billing & coding, and Open Enrollment for employees. Having this background helps her understand her clients’ employee benefits needs. She dedicates her time to pre-renewal processes, renewing accounts, market analysis, maintaining client files, preparing presentations, and compiling employee communication for Account Executives. She loves the positive atmosphere and teamwork at Molyneaux. Biography of Compliance Analysis Tom Seltz coordinates the day-to-day regulatory compliance support services provided to AssuredPartners employee benefits clients in areas including ERISA, HIPAA, and the Affordable Care Act. By making compliance as meaningful and as understandable as possible, Tom helps clients be compliant in less time and with less effort so they can focus their energies on other pressing matters. Married and a father of two, Tom lives in Des Moines, IA. He currently serves on the National Association of Health Underwriters’ (NAHU) Employer Working Group and is a member of the Iowa Association of Health Underwriters’ (IAHU) Legislative Committee. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 9 Relevant Experience History of Working with Municipalities and Governmental Agencies AssuredPartners has 174 governmental clients in 25 states and continues to grow. We have a specific division that only specializes in cities, just like you. We will also provide The City of Galesburg an employee benefits benchmark report with 525 Illinois & Iowa companies comparing your benefits to others to help guide plan design and contribution strategies. The closest municipalities we insure are The City of Davenport with 850 employees, The City of Monmouth with 60 employees and Waste Commission of Scott County with 80 employees; all are provided as references. Our Davenport and Galesburg offices have been working with both fully-insured and self-funded health plans since the 1960s. We have extensive experience with consulting and managing various funding strategies for employer health and welfare plans in private, governmental/public, and non-profit sectors. As previously referenced, we have both local and national experience working in the public sector. Each public sector client has different needs and requirements that must be considered when creating and sustaining a long-term benefits strategy. All of the examples below, whether municipality or private sector, could be deployed for The City of Galesburg. With our public experience we understand the unique considerations municipalities have with union agreements and restrictions. Using Blueprint, we bring new ideas with cost savings strategies and ensure that the client will not violate these agreements before implementing a solution. Cost Savings Realized in Similar Scop e • Municipality Client o In 2015 the Client had a total health plan spend of $15M/year. At the end of 2020, the annual spend was $11M. o Moved to a Third-Party Administrator that is controlling medical claims spend. o Switched reinsurance carriers saving the client $680k in annual fixed cost and included Rx under the reinsurance contract. o Changed Prescription Benefit Managers and integrated a local pharmacy as an employee prescription advocate, saving the client $1.2M in pharmacy claims. o Goals for 2021 ▪ Implement VIP Network with an estimated claims savings of $1M. ▪ Add voluntary diabetes and obesity management program with a projected 3-year savings of $500k. • Municipality Client o Utilized a multi-year strategy to implement a High Deductible Health Plan with Health Savings Account contributions to keep employer premiums in line and improve the employees’ healthcare and financial situation. o Client costs have remained steady the last three years while the employee benefits have increased in value. o The Client has been recognized as a “Best in Benefits” employer by Milliman’s Benchmark Study. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 10 • Non-Profit Sector Client o Fully Insured health plan with 240 employees participating. ▪ Began consulting work in 2015 with an annual healthcare spend of $1.8M. ▪ Healthcare spend in 2020 was $1.7M. o Client achieved the year-over-year savings by analyzing claims and using our claims analysis to successfully lower renewals each year. • Private Sector Client o Moved the Client from fully-insured to self-funded healthcare, saving our client over $300k per year. o Successfully changed Pharmacy Benefit Manager to ensure the client receives the best possible pricing and receives the full available rebates. o Negotiated their stop-loss renewal by using claims analysis to reduce two “lasers”, reducing their plan liability more than $1M. • Private Sector Client o Implemented employee education campaign with virtual meetings to encourage telemedicine and the “right care at the right time.” o Successfully maintained employee cost without an increase to employee payroll deductions for 3 years. o Implemented VIP Network to allow the self-funded medical program to realize costs savings on scheduled medical procedures. • Private Sector Client o Completed Compliance Onboarding and crafted a custom strategy to address their responsibilities as an Applicable Large Employer under the Affordable Care Act. o Implemented bi-lingual employee education campaign utilizing an electronic enrollment solution to allow employees across the US to enroll without paper. o Assisted the Client with reducing an IRS Affordable Care Act penalty of $163k to $0 after providing the proper documentation to prove the Affordable Care Act was not violated. The additional information found in our Response to Request for Qualifications Benefits Consulting and Brokerage Services demonstrates our ability as AssuredPartners Great Plains, LLC (Molyneaux) to fulfill the needs of the City of Galesburg. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 11 References 1. City of Davenport 226 West 4th Street Davenport, Iowa 52801 Allison Zurcher - Benefits Manager / Human Resources 563-326-6144 Allison.Zurcher@davenportiowa.com Dates: July 2014 - Present 2. City of Monmouth 100 E Broadway Monmouth, IL 61462 Lew Steinbrecher – City Administrator 309-734-2141 Lew.Steinbrecher@cityofmonmouth.com Dates: August 2019 – Present 3. G&M Distributors 200 N Linwood Road Galesburg, IL 61401 Adam Vitale – President 309-342-6185 adamv@gmdist.com Dates: October 2020 – Present 4. Bridgeway 2323 Windish Drive Galesburg, IL 61401 Jason Burris – Vice President, Human Resources 309-368-4537 jasonb@bway.org Dates: June 2015 – Present 5. Martin Tractor, Inc. 250 E. Main Street, Suite 402 Galesburg, IL 61401 Shelly Goodin – HR Manager 300-343-1423 sgoodin@martintractorinc.com Dates: November 2018 – Present 6. Waste Commission of Scott County 11555 110th Avenue Davenport, IA 52804 Bobbi Draheim – Finance and Administrative Services Manager 563-381-1300 Bobbi.Draheim@wastecom.com Dates: November 2018 – Present AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 12 Deliverables – Blueprint Our client service model puts The City of Galesburg at the center of all service and work product deliverables, thus we view the development of a long-term healthcare and benefit strategy as a partnership. We begin our engagement with a proprietary consultative process called Blueprint. Including the AssuredPartners team and key members of The City of Galesburg’s management and leadership, the main purpose of this meeting is to discuss the strategic direction of the organization and devel op specific strategies to drive efficiencies and ultimately support The City of Galesburg’s overall benefit and strategic plan. In this response, we will list many of the tools and strategies that we could implement for the City of Galesburg. Blueprint will determine what we should implement for the City of Galesburg with your input. Blueprint will help us determine the steps to take to move the City’s benefit strategy to a higher-performing state. Whether fully-insured or self-funded, this foundational analysis determines how our strategies and solutions will benefit The City of Galesburg. Specific deliverables and strategic planning meetings will be scheduled based on the funding strategy of your healthcare and benefit programs. The City of Galesburg has a fully-insured medical program and many of the deliverables we offer help improve cost and employee understanding of the benefit programs. If the City moves to a self -funded medical program, there are additional strategies that can only be implemented under that arrangement. For example, the City of Galesburg cannot “carve-out” the Pharmacy Benefits as a fully-insured medical program with Blue Cross Blue Shield. Under a self-funded program, more options exist for Pharmacy Benefits. Blueprint will help us establish a multi-year strategy and prepare the City of Galesburg for the best benefit program design and funding strategy. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 13 In developing a Blueprint benefit strategy for The City of Galesburg, we will analyze the following items in detail: • The City of Galesburg’s culture • Wellness activities to date • Optimal level of intervention • Claim data analytics • Plan design • Benchmarking • Enrollment method • Consumerism/HDHP/HSA • Employee communications • Contribution strategy for plan options • Funding • Income and life protection need • Compliance • Technology In addition to these strategic evaluations, we will also conduct a thorough review of your health and welfare plan documents and historical data. During this initial review, we will collect data that includes current plan design, claims experience, rate history, communication materials, and other essential information to build a profile of the current plan and recent changes. We strive to obtain as much information from the carriers as possible to limit the City of Galesburg’s involvement. This strategic benefits consulting is a continuous process that puts The City of Galesburg’s needs and culture at the center of all services and work product deliverables. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 14 Brokering of Insurance Coverages During the renewal process we will work with The City of Galesburg to negotiate renewal rates, develop plan design alternatives, and market coverage. Although marketing coverage every year may not be needed, we will bid coverage whenever it is in the best interest of The City of Galesburg. Marketing of coverage typically occurs when renewal negotiations come to an impasse, there is an issue with service , or in the event the program has not been out to bid for three years or more. If applicable, we will market each benefit line to ensure competitive rates. These are core services included in our proposed Consulting Cost. During the renewal process we will always present The City of Galesburg w ith renewal options that include variations on the program design, focusing on plan deductibles, copays, out of pocket maximums, and other premium funding options. These options may not meet the needs of your bargaining and non-bargaining employee contracts, but will be reviewed before implementing. For a January renewal, we normally conduct pre-renewal meetings beginning in July with plan finalization in September. During your renewal process, we have already created financial dashboards with current plan designs, enrollment, and contributions and therefore are ready to provide consultative feedback with written and live modeling at any point. Typically, employee communication strategies are planned at the beginning of a plan year for graphical and te xtual content, delivery method, and frequency. In the case of a newly acquired client, we begin consulting and strategizing immediately to build a client specific brand for the benefits program. Often, a multi-pronged communication strategy is utilized to educate, reinforce value, or communicate key initiatives. Claims Analysis As a data-driven organization that employs big-data analysts, we have placed a tremendous emphasis on the ability to analyze and report on data. We allow data to validate the strategies we propose to our clients. Analytic Platforms Don Feipel, who has been in the claim processing business for more than 20 years, will assist The City of Galesburg in claims analysis. Don helps our clients identify opportunities to enhance benefit programs while mitigating risk. These tools identify disease states that assist us in developing disease management and wellness initiatives, large case management, and telemedicine opportunities. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 15 Plan Design Modeling • Interactive Plan Design Modeling We prefer to engage our clients in planning sessions to model benefit plan designs and quantify the impact those changes may have on employee claims, bargaining agreements, and overall budget performance. Should The City of Galesburg consider self-funding the medical program, our team of analysts and actuaries can be engaged. Many clients choose to move toward self-funding to have better control over cost and plan performance. We can perform a Self-Funded Feasibility Analysis for a project fee that will provide a detailed review and recommendation of whether self-funding is the right choice for the City. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 16 Compliance/Health care Reform/HR Advisory We have in-house counsel and a fully-staffed compliance department that keep our clients up-to-date on regulatory changes and in the best position to ensure compliance with governmental and contractual requirements. Our compliance department will be your resource to assist with either sample documents, or simple reminders, such as Medicare D Creditable coverage notices. We will work with you to ensure that your welfare benefit programs are following all applicable government regulations. Blueprint will identify which compliance solutions are needed. We provide the following services: Initial Compliance Onboarding •Review current plan documents for compliance with applicable IRS & DOL regs •Review current Summary Plan Descriptions (SPDs), Summaries of Material Modifications (SMMs) and benefit booklets for compliance with applicable DOL requirements •Determine which plans are subject to non-discrimination testing •Conduct PPACA compliance analysis Ongoing Services •Provide ongoing consulting services when you have technical questions about your plan •Inform you of legislative changes through newsletters and client seminars/webinars •Assist you with complying with the requirements of the Patient Protection and Affordable Care Act of 2010, as amended (“PPACA”), including, among other things, the following: o Determining who is a full-time employee and whether your health plans provide minimum essential coverage and are affordable and provide minimum value, as applicable, for purposes of the employer shared responsibility requirements under PPACA •Create Custom Compliance Materials to ensure The City of Galesburg meets applicable requirements •Assist with questions relating to COBRA, HIPAA, FMLA ‘s interaction with your health & welfare plans, and IRC Sec. 125, 105(h), etc. •The City of Galesburg has access to HR Workplace Services already through the AssuredPartners/Molyneaux Risk Management Consulting agreement. This access and HR Consulting will continue for the City. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 17 Employee Communication Assistance Using Blueprint, our team develops and executes a customized communications strategy for each client and their employees. These can include electronic or printed materials, employee meetings or educational webinars. We understand that attracting and retaining talented employees is a major challenge for any organization. A competitive benefits package can help make the difference; however, effectively communicating the package to potential and current employees is essential. You will receive an individualized communications package delivered in plain language and tailored to fit your particular benefit program. Whether you are seeking to educate new employees about their options or promoting a change in employee behavior, our team will provide customized materials. We will collaborate with your team to develop a communication strategy that meets the needs of your employees: • Communication strategy and benefits branding • Customized employee benefit guides and enrollment forms (paper or electronic) Below are sample drafts that our team has created: AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 18 Enrollment Solutions and Technology We assist our clients with enrollment solutions and technology, both in -house and with selected partners. During Blueprint, should the City identify the need for a paperless benefits administration technology, we have access to many custom solutions. Each client has unique needs for flexibility, insurance carrier interface, employee experience , and cost. In addition to a paperless enrollment technology, we can implement an in -person or virtual benefits education team to assist employees with their enrollment decisions. Wellness and Health Risk Solutions Through Blueprint we assist our clients with any clinical/quality issues in wellness, disease management and related areas and we utilize the services of the insurance carriers or outside professionals to ensure the most comprehensive programs for our clients’ needs. The need to analyze wellness programs and their impacts on claims is significant. There has been so much confusion in the marketplace as to how wellness can impact plan spend and the dubious task of identifying a true ROI. If we are able to capture medical claim, pharmacy claim, biometric data and any other data set that is available, we position ourselves to do extremely detailed analysis on the impact of wellness on the plan costs. Benchmarking We use benchmark data such as plan design, contributions, funding mechanisms, enrollment, wellness, disease management, ancillary benefits, etc. We utilize sources such as Share to Compare a specific benchmark survey in Illinois, Missouri Iowa, PWC, AssuredPartners’ book of business, competitor benchmark reports, & Kaiser Family Foundation. The City of Galesburg participated in and received our 2020 Share to Compare Benchmark Study and Analysis. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 19 Voluntary Benefit Consulting Using Blueprint, our consultants create voluntary benefit packages that make sense for the client. We deploy: Consultation, Brokerage, Communication, Enrollment, Administration, and Management. We create simple and affordable options that compliment core benefit packages and provide financial peace of mind for employees with concern about deductibles and out of pocket medical costs. Our communication approach is informative and thorough, with the goal of educating employees to make informed decisions regarding voluntary benefits. Customized for each company, this may be accomplished through a combination of group and individual meetings, email campaigns, posters, call center assistance, and webinars which ultimately lead to a pressure-free enrollment where employees make confident decisions. Pharmacy Analytics (Self-Funded) Raw pharmacy claims flow into our data analytics programs. Population health management and predictive modeling consultation incorporates specific pharmacy coding, utilization, and pricing. Additionally, our Pharmacy team members are tenured professionals with hands-on experience, specialized training, and knowledge to navigate through the complexities in today’s healthcare environment. Our team includes subject matter experts within each area of pharmacy management: financial, clinical, operational, contracting, reporting , and analytics. Our pharmacy management services include: RFP / Vendor Selection- Selecting the right vendors can be a daunting task. We know the questions to ask and can manage the process from the start of the request for proposal (RFP) through implementation. Contract Review and Negotiation- The review includes negotiating terms and conditions, definitions, pricing, performance standards and guarantees, audit rights, and other key components. We make sure the contract protects your interests. Market Check Analysis- We compare your current pricing against industry benchmarks to ensure market competitiveness with the PBM. We identify opportunities to improve the terms of the contract to enhance performance. Auditing- We back up the contract by providing ongoing audits and clinical reviews. Our audit and compliance experience provide clients with the comfort of knowing that their benefit plans are set up according to the contract and producing the financial results they expect. Custom PBM and Clinical Programs (optional)- As a potentially viable option, we have negotiated custom agreements that allow plan sponsors to get the most from the carrier and realize significant cost savings. Our Pharmacy Coalition is a prescription drug purchasing pool that offers access to deeply discounted pricing and rigorous financial and service performance guarantees for self-funded groups. Our Clinical Care Management program, developed with industry leading pharmacists and medical health experts, integrates with your PBM. This program provides an independent, unbiased layer of clinical management by engaging AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 20 physicians and members directly to ensure that the best possible drug therapies are chosen, based on their clinical effectiveness and overall cost to patients and the plan. VIP Network (Self-Funded) AssuredPartners Great Plains LLC has spent the past 2 years developing a Direct Employer to Provider network offering our clients a cost-reduction in elective procedures. This product is bolted on to your existing self-funded medical program with zero disruption. This network is in addition to a core PPO network. Some of the type of specialists include: • Orthopedic • Physical Therapy • Imaging • Labs • Cardiology • General Surgery • ENT • Eye • Spine • Pain Management • Gastroenterology • Oncology • Behavioral Health AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 21 AssuredExcellence (Self-Funded) Available to our self-funded clients, one of our most innovative projects to date is our collaboration with Johns Hopkins Medicine, providing direct access to transplant services, joint replacement and pancreatic cancer reimbursements at transparent and predictable costs through the AssuredExcellence program. For the employee facing a major medical procedure, the extraordinary depth of surgical experience and skill found within Johns Hopkins Medicine, a leading health care system in the United States, provides unparalleled advocacy. The AssuredExcellence program pairs Johns Hopkins Medicine’s clinical, education, and research expertise for transplant surgeries, joint replacements, and complex cancer treatments with the employees of AssuredPartners’ clients in need of this specialized health care. This collaboration reflects both institutions’ dedication to high quality patient care, affordable treatment, and cutting-edge health and wellness solutions. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 22 Consulting Cost & Compensation AssuredPartners is willing to work on a fee for service, a monthly retainer, commission, or some combination of the three. The City of Galesburg has requested a consulting agreement with no commission -based revenue. Regardless of the structure you choose, we always set forth a fully transparent, agreed upon compensation schedule, established at the onset of our services and made a part of our Service Level. We have listed our non-commission, Consulting Fee, and additional service fees beyond the scope of our initial engagement. Proposed Compensation AssuredPartners Amount Frequency Medical, Life, Dental, Flex, EAP & Vision: Brokerage; Consulting; Analytics; Compliance; Communication; HR Support, Wellness RFP, and Benchmarking $50,000 Annually Voluntary/Worksite Benefit RFP and Enrollment (if implemented) $5,000 Annually Self-Funded Medical Feasibility Analysis $10,000 Per Project Fee Self-Funded Medical Program Consulting (if implemented) $25,000 Annually Additional Consulting Work as needed $200 Per hour Communications (printing/postage/fulfillment) Communications are provided digitally at no cost. However, postage and printing of communications will be billed to City of Galesburg at cost, plus 10% for fulfillment, if applicable. AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 23 Certificate of Err ors & Omissions Liability AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 24 AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 25 Primary & Secondary Consultant Insurance License AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 26 Account Manager Insurance License AssuredPartners Great Plains, LLC RFQ | Benefits Consulting and Brokerage Services 27 AssuredPartners Great Plains, LLC Insurance License BUSINESS ASSOCIATE CONTRACT This Business Associate Contract (Agreement) is entered into by and between and AssuredPartners Great Plains, LLC, dba Molyneaux, a limited liability company organized under the laws of the State of Iowa (Business Associate) and City of Galesburg, Health Plan (Covered Entity) effective as of April 29, 2021. WHEREAS, Covered Entity is a group health plan as defined in the administrative simplification provisions within the Health Insurance Portability and Accountability Act of 1996 (HIPAA Privacy and Security Rules). WHEREAS, Business Associate is an insurance broker that provides consulting services to plan sponsors and group health plans on matters related to employee benefits. WHEREAS, Business Associate has been retained by the Covered Entity and/or broker to perform a function or activity on behalf of the Covered Entity that requires that the Business Associate have access to Protected Health Information, including electronic protected health information as defined in 45 CFR 160.103 (PHI). WHEREAS, Covered Entity desires to receive satisfactory assurances from the Business Associate that it will comply with the obligations required of business associates by the HIPAA Privacy and Security Rules. WHEREAS, the parties wish to set forth their understandings with regard to the use and disclosure of PHI by the Business Associate in performance of its obligations. NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties hereby agree as follows: A. DEFINITIONS Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR Part 160 and 164. The term “HITECH Act” shall mean the Health Information Technology for Economic and Clinical Health Act, enacted as part of the American Recovery and Reinvestment Act of 2009. B. USE AND DISCLOSURE OF PHI Subject to the limitations of this Agreement, HIPAA Privacy and Security Rules and other applicable law, Covered Entity hereby grants Business Associate permission to use, disclose, and request from third parties PHI on behalf of Covered Entity or an organized health care arrangement in which the Covered Entity is a member in order to: 1. Perform or assist in performing a function or activity regulated by the HIPAA Privacy or Security Rules, including, but not limited to, claims processing or administration, data analysis, utilization review, quality assurance, billing, benefit management, practice management, repricing, renewal or replacement of a contract, conducting planning-related analysis related to managing the employee benefit plans, and customer service. 2. Assist the Covered Entity's other business associates retained to provide legal advice, accounting, actuarial, consulting, data aggregation, management, administration, accreditation, or financial services to the Covered Entity or to an organized health care arrangement in which the Covered Entity participates. 3. Allow Business Associate to properly manage and administer the Business Associate's organization or to carry out the legal responsibilities of the Business Associate. 4. Perform functions, activities, or services for, or on behalf of, Covered Entity as specified above, except as otherwise limited by this Agreement or if such use or disclosure would violate the HIPAA Privacy or Security Rules if done by the Covered Entity. C. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE 1. Use and Disclosure of PHI. Business Associate shall not use or further disclose PHI other than as permitted by this Agreement or as required by law (as defined in 45 CFR 164.103). To the extent practicable, Business Associate shall limit its use or disclosure of PHI to the minimum necessary to accomplish the intended purpose of such use, disclosure or request. The term “minimum necessary” shall be interpreted in accordance with the HIPAA Privacy and Security Rules. This Agreement does not authorize Business Associate to use or disclose Covered Entity’s PHI’s in a manner that would violate the HIPAA Privacy and Security Rules if done by Covered Entity, except as permitted for Business Associate's proper management and administration, as described above. 2. Safeguards. Business Associate shall use appropriate safeguards to prevent the use or disclosure of PHI other than pursuant to the terms and conditions of this Agreement, including establishing procedures that limit access to PHI within its organization to those employees with a need to know the information. Business Associate agrees that it will implement appropriate administrative, physical and technical safeguards to protect the confidentiality, integrity and availability of electronic PHI that it creates, receives, maintains or transmits on behalf of the Covered Entity, as required by the HIPAA Security Rule. Business Associate acknowledges that the requirements of 45 C.F.R. Sections 164.308, 164.310 and 164.312 applicable to such administrative, physical and technical safeguards apply to Business Associate in the same manner that such sections apply to Covered Entity. Further, Business Associate shall implement, and maintain in written form, reasonable and appropriate policies and procedures to comply with the standards, implementation specifications or other requirements of the HIPAA Security Rule, in accordance with 45 C.F.R. Section 164.316, which applies to Business Associate in the same manner that such section applies to Covered Entity. To the extent the parties agree that the Business Associate will carry out directly one or more of Covered Entity's obligations under the HIPAA Privacy and Security Rules, the Business Associate will comply with the requirements of the HIPAA Privacy and Security Rules that apply to the Covered Entity in the performance of such obligations. Business Associate will comply with the HIPAA Privacy and Security Rules and will use appropriate administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI that Business Associate creates, receives, maintains, or transmits on Covered Entity’s behalf. Business Associate will not transfer PHI outside the United States without the prior written consent of the Covered Entity. In this context, a “transfer” outside the United States occurs if Business Associate's workforce members, agents, or subcontractors physically located outside the United States are able to access, use, or disclose PHI. 3. Unauthorized Disclosures of PHI. Business Associate shall, within ten (10) business days of becoming aware of a disclosure of PHI in violation of this Agreement by Business Associate, its officers, directors, employees, contractors, or agents or by a third party to which Business Associate disclosed PHI (including a subcontractor), report to Covered Entity any such disclosure. Business Associate agrees to mitigate, to the extent practicable, any harmful effect of the unauthorized disclosure. This section shall also apply to any breach of unsecured PHI, as defined by the applicable regulations. Notice of any such breach shall include the identification of any individual whose unsecured PHI has been, or is reasonably believed by Business Associate, to have been accessed, acquired or disclosed during such breach and any other information required by the applicable regulations. Business Associate will treat a potential Breach as being discovered in accordance with 45 CFR §164.410. Business Associate will make the report to Covered Entity’s Privacy Officer. If a delay is requested by a law-enforcement official in accordance with 45 CFR §164.412, Business Associate may delay notifying Covered Entity for the applicable time period. Business Associate’s report will include at least the following, provided that absence of any information will not be cause for Business Associate to delay the report:(A) Identify the nature of the Breach, which will include a brief description of what happened, including the date of any Breach and the date of the discovery of any Breach; (B) Identify the types of Protected Health Information that were involved in the Breach (such as whether full name, Social Security number, date of birth, home address, account number, diagnosis, or other information were involved);(C) Identify who made the non- permitted use or disclosure and who received the non-permitted disclosure; (D) Identify what corrective or investigational action Business Associate took or will take to prevent further non-permitted uses or disclosures, to mitigate harmful effects, and to protect against any further Breaches; (E) Identify what steps the individuals who were subject to a Breach should take to protect themselves; (F) Provide such other information, including a written report and risk assessment under 45 CFR §164.402, as Covered Entity may reasonably request. 4. Security Incidents. Business Associate shall promptly report to Covered Entity any Security Incident of which it becomes aware, in accordance with the HIPAA Security Rule. 5. Agreements with Third Parties. Business Associate agrees to ensure that any agents and subcontractors that create, receive, maintain or transmit PHI on behalf of Business Associate with respect to Business Associate’s relationship with Covered Entity agree to the same restrictions and conditions that apply to Business Associate with respect to such information. 6. Access to Information. Within ten (10) business days of a request by the Covered Entity for access to PHI about an individual contained in a Designated Record Set, Business Associate shall make available to the Covered Entity such PHI for so long as such information is maintained in a Designated Record Set and in accordance with the requirements of 45 C.F.R. Section 164.524 and the HITECH Act. In the event any individual requests access to PHI directly from the Business Associate, Business Associate shall respond to the request for PHI within ten (10) business days. Any denials of access to the PHI requested shall be the responsibility of the Business Associate. 7. Availability of PHI for Amendment. Business Associate agrees to make any amendments to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR Section 164.526 at the request of the Covered Entity or an individual, and in the time and manner designated by Covered Entity. 8. Inspection of Books and Records. Business Associate agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity, available to the Covered Entity, or at the request of the Covered Entity, to the Secretary of the U.S. Department of Health and Human Services or its designee (the “Secretary”), in a time and manner designated by the Covered Entity or the Secretary, for purposes of the Secretary determining Covered Entity's compliance with HIPAA. 9. Accounting of Disclosures. Business Associate agrees to maintain and make available to the Covered Entity an accounting of disclosures of PHI as would be required for Covered Entity to respond to a request by an individual made in accordance with 45 CFR Section 164.528. Business Associate shall provide an accounting of disclosures made during the six (6) years prior to the date on which the accounting is requested (or during the three (3) years prior to the date the accounting is requested for PHI maintained in an electronic health record, beginning on the applicable effective date pursuant to the HITECH Act). At a minimum, the accounting of disclosures shall include the following information: a. Date of disclosure, b. The name of the person or entity who received the PHI, and if known, the address of such entity or person, c. A brief description of the PHI disclosed, and d. A brief statement of the purpose of such disclosure which includes an explanation of the basis of such disclosure. In the event the request for an accounting is delivered directly to the Business Associate, the Business Associate shall respond to the request within ten (10) business days. Any denials of a request for an accounting shall be the responsibility of the Business Associate. Business Associate agrees to implement an appropriate recordkeeping process to enable it to comply with the requirements of this section. 10. Remuneration in Exchange for PHI. Effective Sept. 23, 2013, the effective date of the final HIPAA regulations pursuant to the HITECH Act, and subject to the transition provision of 45 CFR Section 164.532 regarding prior data use agreements, Business Associate shall not directly or indirectly receive remuneration in exchange for any PHI without a valid authorization permitting such remuneration, except as permitted by law. 11. Compliance with Electronic Transactions Rule. If Business Associate conducts in whole or part electronic transactions on behalf of Covered Entity for which Health and Human Services has established standards, Business Associate will comply, and will require any subcontractor it involves with the conduct of such transactions to comply, with each applicable requirement of the Electronic Transactions Rule and of any operating rules adopted by Health and Human Services with respect to electronic transaction. The term “Electronic Transactions Rule” shall mean the final regulations issued by HHS concerning standard transactions and code sets under 45 CFR Parts 160 and 162. D. OBLIGATIONS OF COVERED ENTITY 1. Covered Entity shall comply with each applicable requirement of the HIPAA Privacy and Security Rules. 2. Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 CFR Section 164.520, as well as any changes to such notice. 3. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission by individual to use or disclose PHI, if such changes affect Business Associate's permitted or required uses and disclosures. 4. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR Section 164.522. E. PERMISSIBLE REQUESTS BY COVERED ENTITY Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by the Covered Entity. F. TERMINATION 1. Term. The term of this Agreement shall begin on the Effective Date and shall remain in effect until terminated under Section F (2) of this Agreement. 2. Termination. This Agreement shall be terminated only as follows: a. Termination for Cause by Covered Entity This Agreement may be terminated by the Covered Entity upon fifteen (15) business days written notice to the Business Associate in the event that the Business Associate breaches any provision contained in Paragraph C of this Agreement and such breach is not cured within such fifteen (15) day period. b. Termination for Cause by Business Associate This Agreement may be terminated by the Business Associate upon fifteen (15) business days written notice to the Covered Entity in the event that the Covered Entity breaches any provision contained in Paragraphs D or E of this Agreement and such breach is not cured within such fifteen (15) day period. c. Termination Due to Change in Law Either party may terminate this Agreement effective upon thirty (30) days advance written notice to the other party in the event that the terminating party has sought amendment of this Agreement pursuant to Paragraph G (1) and no amendment has been agreed upon. d. Termination Without Cause Either may terminate this Agreement effective upon ninety (90) days advance written notice to the other party given with or without any reason. 3. Return or Destruction of PHI Upon termination of this Agreement, Business Associate shall return or destroy all PHI received from Covered Entity, or created, maintained or received by Business Associate on behalf of Covered Entity that the Business Associate maintains in any form. Business Associate shall retain no copies of the PHI. Notwithstanding the above, to the extent that the Business Associate determines that it is not feasible to return or destroy such PHI, the terms and provisions of Paragraphs A, B, C and D shall survive termination of this Agreement and such PHI shall be used or disclosed solely for such purpose or purposes which prevented the return or destruction of such PHI. When the PHI is no longer needed by the Business Associate, the Business associate shall return the PHI to Covered Entity or shall destroy it. G. GENERAL PROVISIONS 1. Amendment. This Agreement may be amended only by the mutual written agreement of the parties. The parties agree to take such action to amend this Agreement from time to time as is necessary for the Covered Entity or Business Associate to comply with the requirements of HIPAA. 2. Indemnification. Business Associate shall release, indemnify and hold Covered Entity harmless from and against any claims, fees, and costs, including, without limitation, reasonable attorneys’ fees and costs, which are related to Business Associate's failure to perform its obligations under this Agreement. Covered Entity shall release, indemnify and hold Business Associate harmless from and against any claims, fees, and costs, including without limitation, reasonable attorneys' fees and costs, which are related to Covered Entity's alleged improper use or disclosure of PHI or other breach of this Agreement. 3. Remedies. The parties acknowledge that breach of Paragraphs B, C, D or E of this Agreement may cause irreparable harm for which there is no adequate remedy at law. In the event of a breach, or if either party has actual notice of an intended breach, such party shall be entitled to a remedy of specific performance and/or injunction enjoining the other party from violating or further violating this Agreement. The parties agree the election of the party to seek injunctive relief and or specific performance of this Agreement does not foreclose or have any effect on any right such party may have to recover damages. 4. Survival. Business Associate's obligation to limit its use and disclosure of PHI as set out in Paragraph C survive the termination of this Agreement so long as Business Associate has PHI received during the performance of its services as described in this Agreement. 5. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. 6. Assigns. Neither this Agreement nor any of the rights, benefits, duties, or obligations provided herein may be assigned by any party to this Agreement without the prior written consent of the other party. 7. Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights or remedies in any third party. 8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits the Covered Entity and/or Business Associate, as applicable, to comply with HIPAA. 9.Notices. Any notice given under this Agreement must be in writing and delivered via first class mail, via reputable overnight courier service, or in person to the parties' respective addresses as first written above or to such other address as the parties may from time to time designate in writing. IN WITNESS WHEREOF, the undersigned have executed this Agreement. "COVERED ENTITY" "BUSINESS ASSOCIATE" Signed: _______________________________ Signed: _________________________________ Date: Name: Title: Address: Date: April 29, 2021 Name: Chris Bayer Title: Vice President Address: 101 East Main Street, Suite 202 Galesburg, IL 61401 City of Galesburg, Health Plan AssuredPartners Great Plains, LLC, dba Molyneaux ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: KRB Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER MAY 17, 2021 AGENDA ITEM: Receive Schedule of Rates for American Ferrier LLC effective June 1, 2021. SUMMARY RECOMMENDATION: The City Clerk recommends that the City Council receive the schedule of rates for American Ferrier LLC. BACKGROUND: The Galesburg Municipal Code, Chapter 112, Vehicles for Hire, Sec. 112-01, states that a taxicab includes any motor vehicle, carrying not more than seven (7) passengers for hire, for which public patronage is solicited, not being operated over fixed routes on fixed time schedules. Section 112-03, Schedule of Rates, also states that each person obtaining a permit to operate a taxicab shall file with the City Council a schedule of maximum rates for passenger service, and the actual rates charged shall not exceed such schedule unless a new schedule shall be filed with and accepted by the City Council. BUDGET IMPACT: None. SUPPORTING DOCUMENTS: 1.American Ferrier LLC Schedule of Rates 21-5010 American Ferrier LLC Taxi prices Inside Galesburg: $8.00 *Senior/Veteran discount $7.00 Kimberly Terrace area: $9.00 Past highway overpasses (such as Country Elms, Gates, Best Western, Soangetaha /Bridal creek, Springer Rd, Farm King, Carl Sand College, The Carl Sand. Villa’s, Lake Story, Lincoln park districts.): $10.00 Knoxville: $12.00 East Galesburg: $12.00 Galesburg Airport: $10.00 Westport district: $10.00 Eicher Acers: $13.00 Lake Bracken: $14.00 Knoxville to East Gales: $14.00 Henderson: $14.00 Wataga: $15.00 Abingdon: $20.00 Monmouth: $30.00 Peoria Airport: $100.00 Moline Airport: $100.00 All other out of town locations are $2.00 per mile. Add $1.00 for each additional passenger. $2.00 for a in-route stop. 5 minutes free wait time at every stop, $1.00 per minute after first 5 minute wait. Full trunk price $10.00 service, if need to fill up entire trunk with luggage or groceries, additional passenger and wait time applies. $10.00 in town delivery for: Food, Prescription medicine, Groceries. Wait time pr ice applies. User: Printed:05/11/2021 - 4:01PM tmiller Transactions by Account Batch:00017.05.2021 Accounts Payable Account Number Vendor AmountDescription PO No Date 001-0000-10407-00 CenturyLink 03/21 Service - Election 72.9903/31/2021 001-0000-10407-00 Stratus Networks, Inc 5/21 Service 492.4805/11/2021 001-0000-10407-00 Stratus Networks, Inc 05/21 Service - Election 36.8105/11/2021 001-0000-10407-00 Amanda Jennings Cell Phone Allow - AJennings 18.0004/30/2021 001-0000-10407-00 Stratus Networks, Inc 05/21 Service - Teen Court 12.2905/11/2021 001-0000-10407-00 Stratus Networks, Inc 05/21 Service - Township Assessor 69.4305/11/2021 001-0000-10407-00 Stratus Networks, Inc 05/21 Service - General Assistance 39.2005/11/2021 001-0000-10701-00 Cloudbakers 01/01/22-02/12/22 Standard Google Workplace Enterprise 81.2605/11/2021 001-0000-10801-00 Advance Auto Parts Headlamp bulbs 23.7804/30/2021 001-0000-10801-00 Advance Auto Parts Headlamp bulbs 23.7804/30/2021 001-0000-10801-00 Map Automotive of Peoria Marker lights 21.5104/30/2021 001-0000-10801-00 Mutual Wheel Co., Inc.Strobe lights 294.0005/11/2021 001-0000-37900-00 CenturyLink 03/21 Service -6.6403/31/2021 001-0000-37900-00 Stratus Networks, Inc 05/21 Service -14.3405/11/2021 1,164.55Subtotal for Divison: 0000 001-0105-51000-00 Baker Tilly Virchow Krause, LLP 2020 Fiscal Year Audit 22,035.00 000009195505/11/2021 001-0105-54000-00 Stratus Networks, Inc 5/21 Service 11.1705/11/2021 001-0105-54000-00 Bradley Hix Cell Phone Allowance 36.0004/30/2021 001-0105-54000-00 Wayne Allen Internet Allowance 30.0004/30/2021 22,112.17Subtotal for Divison: 0105 001-0110-54000-00 CenturyLink 03/21 Service 33.5003/31/2021 001-0110-54000-00 Stratus Networks, Inc 5/21 Service 30.5005/11/2021 001-0110-54000-00 Todd Thompson Cell Phone Allowance 36.0004/30/2021 100.00Subtotal for Divison: 0110 001-0115-54000-00 Stratus Networks, Inc 05/21 Service 67.0505/11/2021 001-0115-54000-00 Kelli Bennewitz Cell Phone Allowance 36.0004/30/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 1 21-8009 Account Number Vendor AmountDescription PO No Date 001-0115-54000-00 CenturyLink 03/21 Service 33.1303/31/2021 001-0115-55000-00 Altrusa of Galesburg Dues 85.0005/11/2021 221.18Subtotal for Divison: 0115 001-0120-51000-00 MWM Consulting Group, Inc GASB 75 actuarial report invoice 290421 5,250.00 000009195605/11/2021 001-0120-54000-00 Stratus Networks, Inc 05/21 Service 22.3505/11/2021 5,272.35Subtotal for Divison: 0120 001-0145-51000-00 Petentler Investigations Summons - RSmith 50.6005/11/2021 001-0145-54000-00 Stratus Networks, Inc 05/21 Service 11.1705/11/2021 001-0145-54000-00 Bradley Nolden Cell Phone Allowance 36.0004/30/2021 001-0145-54500-00 Bradley Nolden ILCMA Diversity Webinar - BNolden 15.0005/11/2021 112.77Subtotal for Divison: 0145 001-0160-59521-00 Knox County Humane Society 06/21 Animal Control Contract 20,698.00 000009180205/11/2021 20,698.00Subtotal for Divison: 0160 001-0205-49500-00 Alana Brown Reimburse for tuition/fees 55.0005/11/2021 001-0205-54000-00 Stratus Networks, Inc 05/21 Service 100.6005/11/2021 001-0205-54000-00 Gloria Osborn Cell Phone Allowance 36.0004/30/2021 001-0205-54000-00 Kraig Boynton Cell Phone Allowance 30.0004/30/2021 001-0205-54000-00 CenturyLink 03/21 Service 66.4103/31/2021 288.01Subtotal for Divison: 0205 001-0207-54000-00 Kerzi Peterson Cell Phone Allowance 36.0004/30/2021 001-0207-54000-00 Lewis Doney II Cell Phone Allowance 36.0004/30/2021 001-0207-54000-00 Orlando Lucero Cell Phone Allowance 36.0004/30/2021 001-0207-54000-00 Stratus Networks, Inc 05/21 Service 33.5205/11/2021 001-0207-54000-00 Oneida Network Services, Inc 05/21 Internet - Kerzi 50.0005/11/2021 001-0207-55800-00 Cloudbakers 02/13/21-12/31/21 Standard Google Workplace Enterprise 568.7405/11/2021 760.26Subtotal for Divison: 0207 001-0305-54000-00 Stratus Networks, Inc 05/21 Service 39.1105/11/2021 001-0305-54000-00 Ryan Berger Cell Phone Allowance 36.0004/30/2021 001-0305-61000-00 Office Specialists, Inc.Tape, pad of paper, glue sticks, folders 38.1105/11/2021 113.22Subtotal for Divison: 0305 001-0306-54000-00 CenturyLink 03/21 Service 33.1303/31/2021 001-0306-54000-00 Judy Guenseth Cell Phone Allowance 30.0004/30/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 2 Account Number Vendor AmountDescription PO No Date 001-0306-54000-00 Robert Elsbury Cell Phone Allowance 30.0004/30/2021 001-0306-54000-00 Tammera Matejewski Cell Phone Allowance 30.0004/30/2021 001-0306-54000-00 Stratus Networks, Inc 05/21 Service 94.9805/11/2021 001-0306-54000-00 Richard Slagel Cell Phone Allowance 30.0004/30/2021 001-0306-55400-00 Kendall Zimmerman Pick up trash/debris - 578 Matthews 177.5005/11/2021 001-0306-55400-00 Kendall Zimmerman Pick up trash/debris - VL E 867 S West St 110.0005/11/2021 001-0306-55400-00 Kendall Zimmerman Pick up trash/debris - 448 Tompkins 115.0005/11/2021 001-0306-55400-00 Werner Restoraton Services, Inc.Board up -1215 E Brooks 357.9705/11/2021 001-0306-55400-00 Werner Restoraton Services, Inc.Board up - 29 Public Sq 798.0305/11/2021 001-0306-55400-00 Werner Restoraton Services, Inc.Board up - 349 W Brooks 407.9705/11/2021 001-0306-55400-00 Kendall Zimmerman Pick up trash/debris - 742 Peck 135.0005/11/2021 001-0306-55400-00 Kendall Zimmerman Pick up trash/debris - 29 Public Sq 445.0005/11/2021 2,794.58Subtotal for Divison: 0306 001-0410-54000-00 Jamie West Cell Phone Allowance 30.0004/30/2021 001-0410-54000-00 Stratus Networks, Inc 05/21 Service 89.4005/11/2021 001-0410-54000-00 Brian Vorva Cell Phone Allowance 30.0004/30/2021 001-0410-54000-00 Aaron Gavin Cell Phone Allowance 30.0004/30/2021 001-0410-54000-00 CenturyLink 03/21 Service 16.5603/31/2021 001-0410-54000-00 Malinda Davis Cell Phone Allowance 30.0004/30/2021 001-0410-54000-00 Wayne Carl Cell Phone Allowance 30.0004/30/2021 255.96Subtotal for Divison: 0410 001-0445-54000-00 CenturyLink 03/21 Service 33.1303/31/2021 001-0445-54000-00 Stratus Networks, Inc 05/21 Service 46.8105/11/2021 001-0445-55500-00 Alta Construction Equipment Illinois, LLC Repairs to unit #187 2,235.8805/11/2021 001-0445-55500-00 Nichols Diesel Service, Inc.State & Fed Tests #168 40.0005/11/2021 001-0445-55700-00 Four Seasons Pest Control 04/21 Service 15.0005/11/2021 001-0445-55700-00 Royal Cleaning Services 05/21 Janitorial Services 242.0005/11/2021 001-0445-57500-00 Aramark Uniform Serv. Inc.04/21 Service 44.9405/11/2021 001-0445-61000-00 Office Specialists, Inc.Handset cords 14.6405/11/2021 001-0445-62500-00 Advance Auto Parts Hydraulic filter #182 6.7905/11/2021 001-0445-62500-00 Advance Auto Parts Blower motor #162 137.6905/11/2021 001-0445-62500-00 Advance Auto Parts Fuel filter, oil filter #175 8.0205/11/2021 001-0445-62500-00 Advance Auto Parts Fan belt #182 7.2505/11/2021 001-0445-62500-00 Advance Auto Parts Battery #182 116.5705/11/2021 001-0445-62500-00 Advance Auto Parts Fuel filter, oil filter #182 21.5105/11/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 3 Account Number Vendor AmountDescription PO No Date 001-0445-62500-00 Advance Auto Parts Fuel filter #154 7.4905/11/2021 001-0445-62500-00 Yemm Ford, Inc Return TPMS sensor #164 -62.7105/11/2021 001-0445-62500-00 Yemm Ford, Inc TPMS sensors #164 144.2405/11/2021 001-0445-63000-00 Advance Auto Parts Multipurpose cleaner 12.8605/11/2021 001-0445-63000-00 Advance Auto Parts Grease coupler, grease gun 29.4205/11/2021 001-0445-63000-00 Advance Auto Parts Grease gun hose 10.1105/11/2021 001-0445-63000-00 Lawson Products, Inc.Misc supplies 110.3105/11/2021 001-0445-63000-00 Yemm Ford, Inc Keys 44.6005/11/2021 3,266.55Subtotal for Divison: 0445 001-0450-52000-00 Ameren Illinois 04/21 Electricity #9048316063 26.8004/30/2021 001-0450-54000-00 Justin McNaught Cell Phone Allowance 30.0004/30/2021 001-0450-54000-00 JR Knaack Cell Phone Allowance 30.0004/30/2021 001-0450-54000-00 Stratus Networks, Inc 05/21 Service 41.6805/11/2021 001-0450-54000-00 CenturyLink 03/21 Service 66.2503/31/2021 001-0450-55500-00 Nichols Diesel Service, Inc.State & Fed Tests #109 41.0005/11/2021 001-0450-55700-00 Galesburg Electric, Inc.Annual Service Agreement - Generac Generators 185.0005/11/2021 001-0450-55700-00 Four Seasons Pest Control 04/21 Service 15.0005/11/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Crankcase filter #110 109.7205/11/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Crankcase filter, fuel filter #130 154.4705/11/2021 001-0450-62500-00 Midstate Manufacturing, Inc.Coupler #122 210.8505/11/2021 001-0450-62500-00 Advance Auto Parts Spark plug #136B 5.0205/11/2021 001-0450-62500-00 Advance Auto Parts Radiator hose #142 59.6205/11/2021 001-0450-62500-00 Advance Auto Parts Fuel filter, oil filter #110 45.1705/11/2021 001-0450-62500-00 Advance Auto Parts Fuel filter #110 27.9905/11/2021 001-0450-62500-00 Advance Auto Parts Fuel filter #130 27.9905/11/2021 001-0450-62500-00 Advance Auto Parts Fuel filter, oil filter #130 45.1705/11/2021 001-0450-62500-00 Advance Auto Parts Oil filter #102 3.1405/11/2021 001-0450-65000-00 Office Specialists, Inc.Misc supplies 959.8705/11/2021 2,084.74Subtotal for Divison: 0450 001-0505-54500-00 Diane VanHootegem Mileage IEPCA Spring Seminar-Sprngfld- DVanHootegem 115.9205/11/2021 001-0505-54500-00 Jennifer Moser Reimbursement for purchased food for Assessment Center 32.8205/11/2021 148.74Subtotal for Divison: 0505 001-0510-54000-00 Kevin Legate Cell Phone Allowance 30.0004/30/2021 001-0510-54000-00 Russell Idle Cell Phone Allowance 36.0004/30/2021 001-0510-54000-00 Daniel Hostens Cell Phone Allowance 30.0004/30/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 4 Account Number Vendor AmountDescription PO No Date 001-0510-54000-00 Steffanie Cromien Cell Phone Allowance 30.0004/30/2021 001-0510-54000-00 William T. Boynton Cell Allowance 30.0004/30/2021 001-0510-54000-00 CenturyLink 03/21 Service 272.5003/31/2021 001-0510-54000-00 Bryan Anderson Cell Phone Allowance 30.0004/30/2021 001-0510-54000-00 Ryne Sage Cell Phone Allowance 30.0004/30/2021 001-0510-54000-00 Patrick Kisler Cell Phone Allowance 30.0004/30/2021 001-0510-54000-00 Jason Shaw Cell Phone Allowance 30.0004/30/2021 001-0510-54000-00 Stratus Networks, Inc 05/21 Service 233.7605/11/2021 001-0510-54500-00 Jacob Thompson Fuel - K9 Academy - JThompson 69.1405/11/2021 001-0510-54500-00 Jacob Thompson Fuel - K9 Academy - JThompson 63.4305/11/2021 001-0510-55500-00 Dave Dunn's Auto Body, Inc.Door dent repair #6 262.0005/11/2021 001-0510-55500-00 Glass Specialty Inc Install back window #6 450.0005/11/2021 001-0510-55500-00 Supreme Radio Communications, Inc.05/21-07/21 Maint Agreement 2,445.0005/11/2021 001-0510-55700-00 Four Seasons Pest Control 04/21 Service 15.0005/11/2021 001-0510-57500-00 Burke Cleaners, Inc 04/21 Police Uniform Cleaning 439.52 000009189705/11/2021 001-0510-61000-00 Office Specialists, Inc.Batteries 26.6605/11/2021 001-0510-61000-00 Pro Form, Inc.Vehicle impound release forms 824.8405/11/2021 001-0510-61000-00 Office Specialists, Inc.Toner 119.3405/11/2021 001-0510-67500-00 Ray O'Herron Co., Inc.Taser pouches 271.7905/11/2021 001-0510-67500-00 Ray O'Herron Co., Inc.Pistol covered black OC 221.1905/11/2021 5,990.17Subtotal for Divison: 0510 001-0525-54700-00 Royce Kunkle 04/21 Mileage reimbursement 128.2405/11/2021 128.24Subtotal for Divison: 0525 001-0550-54000-00 Stratus Networks, Inc 05/21 Service 110.8405/11/2021 001-0550-54000-00 CenturyLink 03/21 Service 802.8503/31/2021 001-0550-54000-00 Amanda Jennings Cell Allowance 18.0004/30/2021 001-0550-54000-00 Cameron Lemaster Cell Phone Allowance 36.0004/30/2021 001-0550-55500-00 Supreme Radio Communications, Inc.05/21-07/21 Maint Agreement 4,912.6505/11/2021 001-0550-61000-00 Office Specialists, Inc.Toner, markers, storage boxes 469.5605/11/2021 001-0550-61000-00 Office Specialists, Inc.Paper, toner 466.5805/11/2021 001-0550-61700-00 Southern Computer Warehouse Scanaid clean & cons kit 80.6905/11/2021 001-0550-67500-00 Midwest Uniform Supply, Inc 3 polo shirts - JBoynton 65.9405/11/2021 001-0550-67500-00 Midwest Uniform Supply, Inc Sweatshirt - JBoynton 35.9805/11/2021 6,999.09Subtotal for Divison: 0550 001-0605-54000-00 CenturyLink 03/21 Service 221.0903/31/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 5 Account Number Vendor AmountDescription PO No Date 001-0605-54000-00 David Farrell Cell Phone Allowance 30.0004/30/2021 001-0605-54000-00 Randy Hovind Cell Phone Allowance 36.0004/30/2021 001-0605-54000-00 Donald Brackett Cell Phone Allowance 30.0004/30/2021 001-0605-54000-00 Stratus Networks, Inc 05/21 Service 259.4305/11/2021 001-0605-54000-00 Derek Perry Cell Phone Allowance 30.0004/30/2021 001-0605-55700-00 Four Seasons Pest Control 04/21 Service 15.0005/11/2021 001-0605-55700-00 Four Seasons Pest Control 04/21 Service 15.0005/11/2021 001-0605-55700-00 Four Seasons Pest Control 04/21 Service 20.0005/11/2021 001-0605-62500-00 Alexis Fire Equipment Co., Inc.Door latch #51 226.2905/11/2021 001-0605-62500-00 Advance Auto Parts Oil filter #50 3.1405/11/2021 001-0605-62500-00 Advance Auto Parts Fuel filter #53 1.7405/11/2021 001-0605-62500-00 Advance Auto Parts Fuel filter #53 11.1705/11/2021 001-0605-62500-00 Advance Auto Parts Oil filter #53 23.4805/11/2021 001-0605-62500-00 Nichols Diesel Service, Inc.Fuel filter, hydraulic filter, crankcase filter #53 240.6605/11/2021 001-0605-65000-00 Office Specialists, Inc.Folders, paper 39.8905/11/2021 001-0605-65000-00 Office Specialists, Inc.Detergent 97.5205/11/2021 001-0605-65500-00 Municipal Emergency Services, Inc SCBA waist-shoulder strap 90.1705/11/2021 001-0605-66500-00 Municipal Emergency Services, Inc CYL&VLV Assys 2,190.0005/11/2021 001-0605-67500-00 Midwest Uniform Supply, Inc Perf tees, job shirts - Lenz 116.9905/11/2021 001-0605-67500-00 Midwest Uniform Supply, Inc Rip stop EMS pants - Lenz 59.9905/11/2021 3,757.56Subtotal for Divison: 0605 Subtotal for Fund 001 76,268.14 011-0000-66000-00 Galesburg Builders Supply, Inc.CA-6 White rock supply for 2021 373.35 000009182205/11/2021 011-0000-66000-00 Galesburg Builders Supply, Inc.High Performance patching mix for 2021 792.36 000009182505/11/2021 011-0000-66000-00 Galesburg Builders Supply, Inc.CA-6 White rock supply for 2021 67.81 000009182205/11/2021 011-0000-66000-00 Galesburg Builders Supply, Inc.High Performance patching mix for 2021 406.78 000009182505/11/2021 011-0000-66000-00 Galesburg Builders Supply, Inc.High Performance patching mix for 2021 259.70 000009182505/11/2021 011-0000-66000-00 Galesburg Builders Supply, Inc.High Performance patching mix for 2021 1,837.78 000009182505/11/2021 3,737.78Subtotal for Divison: 0000 Subtotal for Fund 011 3,737.78 014-0000-51000-00 Klingner & Associates, P.C. - Architectural GroupMaterial Testing Services for the 2021 Construction Season 541.50 000009192805/11/2021 014-0000-55700-00 Midstate Manufacturing, Inc.Powder coat sign poles and bases 71.5005/11/2021 014-0000-64500-00 Galesburg Electric, Inc.Bulbs 63.0005/11/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 6 Account Number Vendor AmountDescription PO No Date 014-0000-64500-00 Galesburg Welding, Inc Build sign brackets for underpass sign 110.7005/11/2021 014-0000-64500-00 Galesburg Welding, Inc Repair 2 alum sign posts for Moffit Bridge 44.0005/11/2021 014-0000-64500-00 Astro Optics, LLC Slow sign for underpass 1,451.5005/11/2021 014-0000-66000-00 Galesburg Builders Supply, Inc.Controlled Low Strength Material (CLSM) for 2021 348.00 000009183005/11/2021 2,630.20Subtotal for Divison: 0000 Subtotal for Fund 014 2,630.20 016-0000-54000-00 Paul Vannaken Cell Phone Allowance 30.0004/30/2021 016-0000-54000-00 Travis Smith Cell Phone Allowance 30.0004/30/2021 016-0000-54000-00 Mark McLaughlin Cell Allowance 30.0004/30/2021 016-0000-54000-00 Lane Mings Cell Phone Allowance 30.0004/30/2021 016-0000-54000-00 Timothy Spitzer Cell Phone Allowance 30.0004/30/2021 016-0000-54000-00 Kyle A Winbigler Cell Phone Allowance 30.0004/30/2021 180.00Subtotal for Divison: 0000 Subtotal for Fund 016 180.00 018-0000-52000-00 Ameren Illinois 03/21 Electricity #3553132016 153.3003/31/2021 018-0000-52000-00 Ameren Illinois 04/21 Electricity #2553132016 153.4004/30/2021 018-0000-55500-00 Nichols Diesel Service, Inc.State & Fed Tests #112 40.0005/11/2021 346.70Subtotal for Divison: 0000 Subtotal for Fund 018 346.70 019-0000-33306-00 Nick Draper Refund partial Golf First Time Season Pass - job relocation 601.0005/11/2021 601.00Subtotal for Divison: 0000 019-1905-51500-00 WMOI - FM Radio ads 250.0005/11/2021 019-1905-51500-00 Link Media Outdoor Advertising - E Main St 600.0005/11/2021 019-1905-51500-00 Register Mail, Inc.Rec Ads #18053 911.3405/11/2021 019-1905-54000-00 Chelsea Moberg Cell Phone Allowance 30.0004/30/2021 019-1905-54000-00 Anthony Oligney-Estill Cell Phone Allowance 36.0004/30/2021 019-1905-54000-00 Lauren Dynes Cell Allowance 30.0004/30/2021 019-1905-54000-00 CenturyLink 03/21 Service 33.1303/31/2021 019-1905-54000-00 Stratus Networks, Inc 05/21 Service 64.0305/11/2021 019-1905-59511-00 Galesburg Tourism Fund 04/21 Tourism Agreement 15,833.3305/11/2021 019-1905-59528-00 Galesburg Community Foundation 03/21 2% Hotel/Motel Tax Pmts 17,158.2205/11/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 7 Account Number Vendor AmountDescription PO No Date 019-1905-59537-00 Knox Civic Center Authority 03/21 2% Hotel/Motel Tax Pmt 9,030.6305/11/2021 43,976.68Subtotal for Divison: 1905 019-1910-54000-00 Stratus Networks, Inc 05/21 Service 19.3305/11/2021 019-1910-54000-00 CenturyLink 03/21 Service 165.6303/31/2021 019-1910-55700-00 Royal Cleaning Services 05/21 HTAS 1,000.0005/11/2021 019-1910-55700-00 Otis Elevator Co.Replace slide guides 1,494.5005/11/2021 019-1910-55700-00 Royal Cleaning Services 05/21 Janitorial Services 899.0005/11/2021 019-1910-55700-00 Four Seasons Pest Control 04/21 Service 30.0005/11/2021 019-1910-59300-00 Getz Fire Equipment Co., Inc.First aid supplies 38.4505/11/2021 019-1910-62500-00 Yemm Ford, Inc Brake tube #450 256.2505/11/2021 3,903.16Subtotal for Divison: 1910 019-1911-54000-00 Stratus Networks, Inc 05/21 Service 77.3205/11/2021 019-1911-55700-00 Four Seasons Pest Control 04/21 Service 30.0005/11/2021 019-1911-55700-00 Royal Cleaning Services 05/21 HTAS 500.0005/11/2021 019-1911-55700-00 Royal Cleaning Services 05/21 Janitorial Services 1,568.0005/11/2021 019-1911-55700-00 Mechanical Service Inc.Pumped out pit in sally port 86.0005/11/2021 019-1911-57500-00 Aramark Uniform Serv. Inc.04/21 Service 15.0005/11/2021 019-1911-62510-00 Herr Petroleum Corp 464.1 gal diesel #2 981.4005/11/2021 019-1911-65000-00 Office Specialists, Inc.Disinfectant, liners 84.6005/11/2021 019-1911-65000-00 Office Specialists, Inc.Urinal screen, urinal mat 75.6005/11/2021 3,417.92Subtotal for Divison: 1911 019-1915-52000-00 Ameren Illinois 04/21 Electricity #7756699015 349.4504/30/2021 019-1915-52300-00 Ameren Illinois 04/21 Heat #0883556016 133.2004/30/2021 019-1915-54000-00 Stratus Networks, Inc 05/21 Service 41.6805/11/2021 019-1915-54000-00 Don Miles Cell Phone Allowance 30.0004/30/2021 019-1915-54000-00 Michael Markley Cell Phone Allowance 30.0004/30/2021 019-1915-54000-00 Jason Asbury Cell Phone Allowance 30.0004/30/2021 019-1915-54000-00 Travis Huffman Cell Phone Allowance 30.0004/30/2021 019-1915-54000-00 CenturyLink 03/21 Service 33.1303/31/2021 019-1915-55700-00 Royal Cleaning Services 05/21 Cleaning Services 476.0005/11/2021 019-1915-57500-00 Aramark Uniform Serv. Inc.04/21 Service 39.8805/11/2021 019-1915-57500-00 Aramark Uniform Serv. Inc.05/21 Service 45.4005/11/2021 019-1915-61000-00 Office Specialists, Inc.Drum replacement 679.7605/11/2021 019-1915-61000-00 Office Specialists, Inc.Return drum -509.8205/11/2021 019-1915-62500-00 Napa Auto Parts Hydraulic filter #518 8.7905/11/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 8 Account Number Vendor AmountDescription PO No Date 019-1915-62500-00 Martin Sullivan, Inc Bolts #541 7.3805/11/2021 019-1915-62500-00 Advance Auto Parts Battery #518 47.5105/11/2021 019-1915-62500-00 Advance Auto Parts Return battery core #518 -10.0005/11/2021 019-1915-62500-00 Advance Auto Parts Hydraulic oil #518 18.3805/11/2021 019-1915-62500-00 Advance Auto Parts Oil filter #549 3.1405/11/2021 019-1915-62500-00 Advance Auto Parts Hydraulic filter #515 28.8705/11/2021 019-1915-62500-00 Advance Auto Parts Fuel filter #515 22.5405/11/2021 019-1915-62500-00 Elliott Equipment Co.Controller #503 797.7205/11/2021 019-1915-62510-00 Herr Petroleum Corp 418.9 gal diesel #2, 260.9 gal reg unleaded 1,763.32 000009180605/11/2021 019-1915-65000-00 Office Specialists, Inc.Urinal screens 217.4405/11/2021 019-1915-65000-00 Office Specialists, Inc.Broom, dust pan 91.4005/11/2021 019-1915-65500-00 Martin Sullivan, Inc Mower blades 299.1005/11/2021 019-1915-65500-00 Terry Allen, Inc Mulching blade 137.8005/11/2021 019-1915-66000-00 Rainbow Group, LLC Foam whisker plugs bucket, pitchers plate 751.0005/11/2021 019-1915-66000-00 Martenson Turf Products, Inc.White athletic spray paint 977.0005/11/2021 019-1915-66000-00 Galesburg Builders Supply, Inc.4 CY PV-SI 408.0005/11/2021 019-1915-66000-00 Galesburg Builders Supply, Inc.9.21 tons CA6 stone 172.1305/11/2021 019-1915-66000-00 Galesburg Electric, Inc.PVC coupling 2.6405/11/2021 019-1915-66500-00 Galesburg Electric, Inc.Modular feed through plug, crimp tool, diag cutters 123.4705/11/2021 7,276.31Subtotal for Divison: 1915 019-1920-54000-00 Bryan Luedtke Cell Phone Allowance 30.0004/30/2021 019-1920-54000-00 CenturyLink 03/21 Service 57.7503/31/2021 019-1920-54000-00 Stratus Networks, Inc 05/21 Service 30.5005/11/2021 019-1920-57500-00 Aramark Uniform Serv. Inc.04/21 Service 18.0405/11/2021 019-1920-57500-00 Aramark Uniform Serv. Inc.05/21 Service 23.0405/11/2021 019-1920-61000-00 Office Specialists, Inc.Toner, labels 217.3105/11/2021 019-1920-62510-00 Herr Petroleum Corp 257 gal diesel #2, 135.8 gal reg unleaded 1,020.52 000009180405/11/2021 019-1920-63500-00 Advanced Turf Solutions Misc supplies 1,237.5005/11/2021 019-1920-64000-00 Antigua Group, Inc. , The Misc apparel 1,051.3605/11/2021 019-1920-64000-00 HORNUNG'S GOLF PRODUCTS, INC Misc merchandise 114.4905/11/2021 019-1920-64125-00 Smithfield Direct, LLC Misc concessions 89.7005/11/2021 019-1920-64125-00 Butch's Pizza Inc.Pizzas 29.4005/11/2021 019-1920-64125-00 Atlantic Coca-Cola Soda, powerade, water 265.4605/11/2021 019-1920-64125-00 Atlantic Coca-Cola Soda, powerade, water 581.4605/11/2021 019-1920-64125-00 Atlantic Coca-Cola Soda, powerade, water, tea 251.7605/11/2021 019-1920-64125-00 Smithfield Direct, LLC Misc concessions 59.8005/11/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 9 Account Number Vendor AmountDescription PO No Date 019-1920-64125-00 Smithfield Direct, LLC Misc concessions 59.8005/11/2021 019-1920-66000-00 Galesburg Electric, Inc.Misc supplies 71.3505/11/2021 019-1920-66000-00 Galesburg Builders Supply, Inc.2 CY 4000 Psi 216.5005/11/2021 019-1920-66000-00 Galesburg Electric, Inc.Atlas pole 20' brnz sq steel ns 750.0005/11/2021 019-1920-66000-00 Redline Golf and sports Turf Products 23.21 tons USGA Wet Sand 857.6105/11/2021 019-1920-88300-00 M&M Golf Cars, LLC 2021 lease of 48 golf carts and 1 utility vehicle as per bid. I 5,335.98 000009181205/11/2021 12,369.33Subtotal for Divison: 1920 019-1925-54000-00 Stratus Networks, Inc 05/21 Service 11.1705/11/2021 019-1925-65000-00 Office Specialists, Inc.Broom 23.9305/11/2021 019-1925-65000-00 Office Specialists, Inc.Tissue, towels 283.1105/11/2021 019-1925-66000-00 Galesburg Electric, Inc.Breaker 20.7705/11/2021 338.98Subtotal for Divison: 1925 019-1935-54000-00 CenturyLink 03/21 Service 136.8303/31/2021 019-1935-54000-00 Stratus Networks, Inc 05/21 Service 44.7005/11/2021 019-1935-57500-00 Aramark Uniform Serv. Inc.04/21 Service 176.9005/11/2021 019-1935-57500-00 Aramark Uniform Serv. Inc.05/21 Service 176.9005/11/2021 535.33Subtotal for Divison: 1935 019-1940-64125-00 Gold Medal - Central Illinois, LLC Misc concessions 1,011.2805/11/2021 019-1940-66000-00 Martenson Turf Products, Inc.Infield conditioner, rapid dry, line marking chalk 1,855.4805/11/2021 2,866.76Subtotal for Divison: 1940 019-1945-66000-00 Galesburg Electric, Inc.Batteries 27.6405/11/2021 27.64Subtotal for Divison: 1945 019-1950-54000-00 Stratus Networks, Inc 05/21 Service 11.1705/11/2021 019-1950-55700-00 IPS, Inc Acrylic Sealant Maintenance Program 1,350.0005/11/2021 1,361.17Subtotal for Divison: 1950 019-1955-54000-00 CenturyLink 03/21 Service 33.1303/31/2021 019-1955-65000-00 Office Specialists, Inc.Misc supplies 255.6105/11/2021 019-1955-68500-00 Tri-State Water Misc chemicals 18.9005/11/2021 307.64Subtotal for Divison: 1955 019-1965-54000-00 CenturyLink 03/21 Service 70.1503/31/2021 019-1965-54000-00 Aaron Young Cell Phone Allowance 30.0004/30/2021 019-1965-55700-00 Four Seasons Pest Control 04/21 Service 20.0005/11/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 10 Account Number Vendor AmountDescription PO No Date 019-1965-57500-00 Aramark Uniform Serv. Inc.05/21 Service 32.2805/11/2021 019-1965-57500-00 Aramark Uniform Serv. Inc.04/21 Service 26.7605/11/2021 019-1965-62500-00 Advance Auto Parts Return hydraulic filter #583 -5.9505/11/2021 173.24Subtotal for Divison: 1965 019-1975-54000-00 Michael Flaig Cell Phone Allowance 30.0004/30/2021 019-1975-54000-00 CenturyLink 03/21 Service 48.1403/31/2021 019-1975-55500-00 Nichols Diesel Service, Inc.State & Fed Tests #103 40.0005/11/2021 019-1975-55500-00 Nichols Diesel Service, Inc.State & Fed Tests #144 40.0005/11/2021 158.14Subtotal for Divison: 1975 Subtotal for Fund 019 77,313.30 020-0000-54000-00 CenturyLink 03/21 Service 66.2503/31/2021 020-0000-55700-00 Howe Overhead Doors, Inc.Operator is in need of replacement, took down door 250.0005/11/2021 020-0000-62500-00 Advance Auto Parts Oil filter #356 6.2805/11/2021 322.53Subtotal for Divison: 0000 Subtotal for Fund 020 322.53 023-0000-55420-00 Klingner & Associates, P.C. - Architectural GroupAsbestos inspection-84 Blaine,848 S Seminary,1356 E Main 3,031.3205/11/2021 3,031.32Subtotal for Divison: 0000 Subtotal for Fund 023 3,031.32 024-0000-52000-00 Ameren Illinois 04/21 Electricity #5244167035 26.8004/30/2021 024-0000-52000-00 Ameren Illinois 04/21 Electricity #5346260034 271.2004/30/2021 024-0000-52000-00 Ameren Illinois 04/21 Electricity #4414444021 989.2704/30/2021 024-0000-52300-00 Ameren Illinois 04/21 Heat #3293493011 50.3004/30/2021 024-0000-59535-00 Knox Co. Area Partnership for Economic DevelopmentSemi Annual Economic Development Support 77,500.0005/11/2021 024-0000-83100-00 National Stearman Foundation, Inc Site Engineering Stearman Building 6,500.00 000009189105/11/2021 85,337.57Subtotal for Divison: 0000 Subtotal for Fund 024 85,337.57 026-0000-51000-00 Baker Tilly Virchow Krause, LLP 2020 Fiscal Year Audit 885.00 000009195505/11/2021 885.00Subtotal for Divison: 0000 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 11 Account Number Vendor AmountDescription PO No Date Subtotal for Fund 026 885.00 030-0000-10801-00 Gillig Brake chambers 466.2004/30/2021 030-0000-10801-00 Napa Auto Parts Oil seal 104.1404/30/2021 030-0000-10801-00 Mack Sales & Service of Morton U joint kits 100.6404/30/2021 030-0000-10801-00 Mack Sales & Service of Morton Premium xtreme/heavy duty 136.0004/30/2021 030-0000-10801-00 Napa Auto Parts Capsules 21.7004/30/2021 030-0000-10801-00 Mack Sales & Service of Morton Combinations 600.0404/30/2021 030-0000-10801-00 Napa Auto Parts Bladerunner belt, fuel filter 33.4804/30/2021 1,462.20Subtotal for Divison: 0000 030-0320-51500-00 WGIL/WAAG/WLSR, Inc.Radio ads 500.0004/30/2021 030-0320-52300-00 Ameren Illinois 04/21 Heat #6235036022 246.1204/30/2021 030-0320-52300-00 Ameren Illinois 04/21 Heat #6235036022 574.3104/30/2021 030-0320-54000-00 CenturyLink 03/21 Service 63.4703/31/2021 030-0320-54000-00 Stratus Networks, Inc 05/21 Service 38.6605/11/2021 030-0320-55500-00 Yemm Ford, Inc Replace steering gear #464 1,279.6504/30/2021 030-0320-62510-00 Herr Petroleum Corp 348.9 gal reg unleaded 878.50 000009180304/30/2021 030-0320-62510-00 Herr Petroleum Corp 242 gal reg unleaded 599.05 000009180304/30/2021 030-0320-62510-00 Herr Petroleum Corp 281.9 gal reg unleaded 698.67 000009180304/30/2021 030-0320-62510-00 Herr Petroleum Corp 268.3 gal reg unleaded 675.56 000009180304/30/2021 030-0320-62510-00 Herr Petroleum Corp 145.9 gal reg unleaded 361.16 000009180304/30/2021 030-0320-65000-00 Office Specialists, Inc.Tissue, towels 132.8804/30/2021 6,048.03Subtotal for Divison: 0320 030-0370-51000-00 Baker Tilly Virchow Krause, LLP 2020 Fiscal Year Audit 2,570.00 000009195505/11/2021 030-0370-51500-00 Sebis Direct Inc 03/21 Transit Insert 326.7505/11/2021 030-0370-51500-00 Journal Star Job Ad #2046121 650.0004/30/2021 030-0370-54000-00 Stratus Networks, Inc 05/21 Service 93.6305/11/2021 030-0370-54000-00 Pamelyn Usher Cell Phone Allowance 30.0004/30/2021 030-0370-54000-00 CenturyLink 03/21 Service 123.6403/31/2021 030-0370-55500-00 Eastern Iowa Tire Tire disposal 33.0004/30/2021 030-0370-55500-00 A-L-L Equipment Shop compressor maintenance 1,169.3804/30/2021 030-0370-55500-00 Cummins Sale & Service Repairs to pulled ports #1702 1,608.7504/30/2021 030-0370-55500-00 Nichols Diesel Service, Inc.State & Fed Tests #1107 41.0004/30/2021 030-0370-55500-00 Yemm Ford, Inc Repairs to column shifter #1108 2,492.8404/30/2021 030-0370-57500-00 Cintas, Inc 04/21 Service 113.7904/30/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 12 Account Number Vendor AmountDescription PO No Date 030-0370-57500-00 Cintas, Inc 04/21 Service 170.7404/30/2021 030-0370-61000-00 Napa Auto Parts Super glue 1.7004/30/2021 030-0370-62500-00 Eastern Iowa Tire Tires 980.2404/30/2021 030-0370-62500-00 Eastern Iowa Tire Tires 410.9004/30/2021 030-0370-62500-00 Gillig Switch #1702 293.7504/30/2021 030-0370-62500-00 Gillig Coupling, clamps, gasket #1107 285.0804/30/2021 030-0370-62500-00 Napa Auto Parts Boxed miniatures, headlight set #1108 529.8904/30/2021 030-0370-62500-00 Napa Auto Parts Hose end fittings, hoses #1107 35.8604/30/2021 030-0370-62500-00 Gillig Batt fuse, single terminal block #1702 154.1104/30/2021 030-0370-62500-00 Gillig Bolts, washers, nuts, mounts, locknuts, plugs #1301 1,048.0204/30/2021 030-0370-62500-00 Gillig Bushings, bolts, locknuts #1301 422.2804/30/2021 030-0370-62500-00 Gillig Junction box #1301 106.8504/30/2021 030-0370-62500-00 Gillig Voltage equalizer #405 532.6704/30/2021 030-0370-62500-00 Gillig Seatbelt assys #1107 861.4004/30/2021 030-0370-62500-00 Gillig Harness #1301 812.5004/30/2021 030-0370-62500-00 Napa Auto Parts Seals #1108 21.3404/30/2021 030-0370-62500-00 Napa Auto Parts Brake caliper #1108 139.8904/30/2021 030-0370-62500-00 Napa Auto Parts Fittings 15.5804/30/2021 030-0370-62500-00 Napa Auto Parts Battery #1702 296.5804/30/2021 030-0370-62500-00 Napa Auto Parts Fleet pads, brake caliper #1108 207.2904/30/2021 030-0370-62500-00 Napa Auto Parts Ubolts #1301 17.3704/30/2021 030-0370-62500-00 Napa Auto Parts Tubing #1107 19.3904/30/2021 030-0370-62500-00 Napa Auto Parts Hose fittings, hose #1107 33.8604/30/2021 030-0370-62510-00 Herr Petroleum Corp 331.6 gal diesel #2 830.21 000009180304/30/2021 030-0370-62510-00 Herr Petroleum Corp 167.8 gal diesel #2 431.42 000009180304/30/2021 030-0370-62510-00 Herr Petroleum Corp 202.1 gal diesel #2 519.60 000009180304/30/2021 030-0370-62510-00 Herr Petroleum Corp 183.6 gal diesel #2 470.66 000009180304/30/2021 030-0370-65500-00 Napa Auto Parts Shop supplies 23.4704/30/2021 030-0370-66500-00 Gillig Shop tools 1,200.0004/30/2021 030-0370-66500-00 Napa Auto Parts Cable cutter 25.6004/30/2021 030-0370-66500-00 Napa Auto Parts QD electronic cleaner 14.9705/11/2021 030-0370-66500-00 Napa Auto Parts Blow gun 20.7304/30/2021 030-0370-66500-00 Napa Auto Parts Torch fuel 13.4904/30/2021 030-0370-66500-00 Napa Auto Parts Battery for pressure washer 55.4904/30/2021 030-0370-66500-00 Napa Auto Parts Relay 14.3904/30/2021 030-0370-66500-00 Napa Auto Parts Primary wire 7.3704/30/2021 030-0370-67500-00 Napa Auto Parts Latex gloves 59.9804/30/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 13 Account Number Vendor AmountDescription PO No Date 20,337.45Subtotal for Divison: 0370 Subtotal for Fund 030 27,847.68 043-0000-51000-00 PFM Arbitrage Rebate Report for 2016 GO Bond 2,500.0005/11/2021 2,500.00Subtotal for Divison: 0000 Subtotal for Fund 043 2,500.00 049-0000-51000-00 Baker Tilly Virchow Krause, LLP 2020 Fiscal Year Audit 350.00 000009195505/11/2021 350.00Subtotal for Divison: 0000 Subtotal for Fund 049 350.00 053-0000-20103-00 Hein Construction Co, Inc Retainage - Rehab existing storage building for inside storage -2,186.3105/11/2021 053-0000-66000-00 Galesburg Builders Supply, Inc.42.60 tons CA6 Stone 793.6305/11/2021 053-0000-66000-00 Galesburg Builders Supply, Inc.14 CY Micro fiber, 14 CY 4000 Psi 1,633.1005/11/2021 053-0000-66000-00 Galesburg Builders Supply, Inc.14 CY Micro fiber, 14 CY 4000 Psi 1,724.1005/11/2021 053-0000-66000-00 Galesburg Builders Supply, Inc.11CY Micro fiber, 11 CY 4000 Psi 1,214.4005/11/2021 053-0000-66000-00 Galesburg Builders Supply, Inc.3.89 tons CA05 Washed 163.1905/11/2021 053-0000-76000-00 Hein Construction Co, Inc Rehabilitation of an existing storage building for inside storag 21,863.14 000009168205/11/2021 25,205.25Subtotal for Divison: 0000 Subtotal for Fund 053 25,205.25 055-0000-51000-00 Baker Tilly Virchow Krause, LLP 2020 Fiscal Year Audit 350.00 000009195505/11/2021 350.00Subtotal for Divison: 0000 Subtotal for Fund 055 350.00 056-0000-51000-00 Baker Tilly Virchow Krause, LLP 2020 Fiscal Year Audit 350.00 000009195505/11/2021 350.00Subtotal for Divison: 0000 Subtotal for Fund 056 350.00 061-0000-15401-00 Klingner & Associates, P.C. - Architectural GroupProfessional services for design & engineering of Gravel Pack We 6,630.00 000009191905/11/2021 061-0000-20101-00 FELICIA AKPORE Refund Check 056212-000, 70 COUNTRY ELMS EST 55.0005/05/2021 061-0000-20101-00 BRITTANY ALBERT Refund Check 055582-000, 63 INDIANA AVE 21.5804/29/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 14 Account Number Vendor AmountDescription PO No Date 061-0000-20101-00 TROY CAREY Refund Check 061801-000, 598 MAPLE AVE UPPER 55.0005/05/2021 061-0000-20101-00 KATE BULLIS Refund Check 057866-000, 1562 MAPLE AVE 55.0005/05/2021 061-0000-20101-00 DONALD CARLSON Refund Check 045338-001, 1264 HARRISON ST 70.6305/06/2021 061-0000-20101-00 GERARDO AYALA Refund Check 058396-000, 1221 KLEIN AVE 55.0005/05/2021 061-0000-20101-00 LINDA ASBURY Refund Check 018950-036, 1334 GRAND AVE 52.7404/28/2021 061-0000-20101-00 APELETE AMOUZOU Refund Check 060550-000, 719 W FREMONT ST 16.5405/06/2021 061-0000-20101-00 HEATHER BJORDAHL Refund Check 059796-000, 1181 BRIDGE AVE 55.0005/05/2021 061-0000-20101-00 DANIEL ESPOSITO Refund Check 009328-002, 1470 MEADOW DR 82.4204/29/2021 061-0000-20101-00 SADIE HUFF Refund Check 055110-001, 796 OLIVE ST 55.0005/05/2021 061-0000-20101-00 DEVONE EURALES Refund Check 047731-001, 513 MAPLE AVE 10.5605/06/2021 061-0000-20101-00 DOUGLAS HUTCHINGS Refund Check 008701-000, 1258 MORTON AVE 0.6105/05/2021 061-0000-20101-00 DUSTIN DAVIS Refund Check 054165-000, 30 N ELM ST 55.0005/05/2021 061-0000-20101-00 ERVIN HARY JR Refund Check 060383-000, 1188 E SOUTH ST 55.0005/05/2021 061-0000-20101-00 CHARLES DEVLIN Refund Check 062072-000, 832 E THIRD ST 1 77.0004/29/2021 061-0000-20101-00 SHYLYNN CAIN Refund Check 061355-000, 328 COUNTRY ELMS EST 55.0005/05/2021 061-0000-20101-00 TAYLOR BROCK Refund Check 055978-001, 593 N ACADEMY ST 1 55.0005/05/2021 061-0000-20101-00 PATRICIA BATES Refund Check 009891-004, 985 FRANK ST 82.4204/29/2021 061-0000-20101-00 JAMES ANDERSON Refund Check 061688-000, 274 PHILLIPS ST 55.0005/05/2021 061-0000-20101-00 TAREN COWAN Refund Check 011507-002, 1126 WILLARD ST 55.0005/05/2021 061-0000-20101-00 BONNIE LOCKHART Refund Check 023984-000, 1722 NEWCOMER DR 1 55.0005/05/2021 061-0000-20101-00 JAKOB HOPKINS Refund Check 058463-000, 572 MATHEWS ST 55.0005/05/2021 061-0000-20101-00 DOUGLAS HUTCHINGS Refund Check 008701-000, 1258 MORTON AVE 54.3905/05/2021 061-0000-20101-00 KATELYN WEESE Refund Check 057350-000, 590 N CEDAR ST 4 55.0005/05/2021 061-0000-20101-00 BRITTANY LARSON Refund Check 055415-002, 83 DUFFIELD AVE 55.0005/05/2021 061-0000-20101-00 LESLIE MOORE Refund Check 019514-002, 164 LINCOLN ST 55.0005/05/2021 061-0000-20101-00 JONES RENTALS LLC Refund Check 062105-008, 576 MAPLE AVE 2 62.8804/29/2021 061-0000-20101-00 CURTIS PETERS Refund Check 025263-005, 1473 MONROE ST 55.0005/05/2021 061-0000-20101-00 THOMAS SUITS Refund Check 058487-000, 30 HIAWATHA LN 16.6005/06/2021 061-0000-20101-00 SCHWARZ BROS MFG CO Refund Check 021093-000, 584 E BROOKS ST 7.2805/06/2021 061-0000-20101-00 NOLAN TREGO Refund Check 061384-000, 112 S WHITESBORO ST 55.0005/05/2021 061-0000-20101-00 DAYTON EDWARDS Refund Check 061233-000, 1717 BEECHER AVE 61.5105/06/2021 061-0000-20101-00 JAMES HARRIS Refund Check 058646-005, 218 S WHITESBORO ST 66.6705/06/2021 061-0000-20101-00 ELIZABETH FRAKES Refund Check 054612-001, 24 LORRAINE DR 55.0005/05/2021 061-0000-20101-00 OFEAR HOLMAN Refund Check 059821-000, 1430 MULBERRY ST 55.0005/05/2021 061-0000-20101-00 VICKI ELY Refund Check 061469-000, 245 N CHERRY ST 36.3904/28/2021 061-0000-20101-00 JOHN ENNIS Refund Check 012774-001, 1191 LANE AVE 77.4204/29/2021 061-0000-20101-00 ANDREA GOFF Refund Check 055156-000, 112 OREN LN 55.0005/05/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 15 Account Number Vendor AmountDescription PO No Date 061-0000-20101-00 JAMES HOLZER Refund Check 060556-000, 72 LORRAINE DR 55.0005/05/2021 061-0000-20101-00 TELESFORO GUTIERREZ Refund Check 021082-019, 1132 MULBERRY ST 59.3905/06/2021 061-0000-20101-00 ROGER HAGERTY Refund Check 007167-067, 154 N PEARL ST 77.7505/06/2021 061-0000-20101-00 KATHERINE DAVIS Refund Check 047924-002, 997 N FARNHAM ST 60.2705/06/2021 061-0000-20101-00 JOHN ROBERT VANWASSENHOVE II Refund Check 008535-000, 1043 BROWN AVE 10.3304/28/2021 061-0000-20101-00 ADAM SMITH Refund Check 060067-000, 2381 DANIEL DR SOUTH 55.0005/05/2021 061-0000-20101-00 JAMES MAGNISON JR Refund Check 019197-002, 656 S WEST ST 23.3904/29/2021 061-0000-20101-00 SAVAGE CREATIONS LLC Refund Check 061420-000, 670 US HWY 150 E 55.0005/05/2021 061-0000-20101-00 JOHN ROBERT VANWASSENHOVE II Refund Check 008535-000, 1043 BROWN AVE 11.7104/28/2021 061-0000-20101-00 RICHARD JOHNSON Refund Check 054053-000, 306 COUNTRY ELMS EST 55.0005/05/2021 061-0000-20101-00 PETER MULHERN Refund Check 057854-000, 1743 N CHERRY ST 67.0905/06/2021 061-0000-20101-00 JESSICA MAXWELL Refund Check 044179-001, 202 N WHITESBORO ST 55.0005/05/2021 061-0000-20101-00 DUSTIN LEATH Refund Check 057149-000, 52 LORRAINE DR 55.0005/05/2021 061-0000-20101-00 WEBBER Refund Check 008619-000, 1727 BROWN AVE 55.0005/05/2021 061-0000-20101-00 DANIELLE JORDAN Refund Check 060987-000, 1077 HAWKINSON AVE 11 85.3705/06/2021 061-0000-20101-00 KENDRA MCGEE Refund Check 053159-002, 40 LORRAINE DR 10.6404/28/2021 061-0000-20101-00 RYAN WATSON Refund Check 054057-001, 1145 S KELLOGG ST 55.0005/05/2021 061-0000-20101-00 JONES RENTALS LLC Refund Check 062105-007, 576 MAPLE AVE 1 61.8304/29/2021 061-0000-20101-00 ERIC MUHAMMAD Refund Check 060651-000, 392 N BROAD ST 1 13.1605/05/2021 061-0000-20101-00 KENDRA MCGEE Refund Check 053159-002, 40 LORRAINE DR 11.1804/28/2021 061-0000-20101-00 SUSAN MCAFOOS Refund Check 056877-000, 1538 N HENDERSON ST 93.5705/06/2021 061-0000-20101-00 KENDRA MCGEE Refund Check 053159-002, 40 LORRAINE DR 55.0005/05/2021 061-0000-20101-00 ROBERT WORKHEISER SR Refund Check 023170-000, 1945 WASHINGTON ST 40.0005/06/2021 061-0000-20101-00 JAMES LANNING Refund Check 061573-000, 408 KENWICK DR 38.0405/06/2021 061-0000-20101-00 DAWN LINGWALL Refund Check 024913-006, 1526 GRAND AVE 55.0005/05/2021 061-0000-20101-00 VICKIE SHOWALTER Refund Check 022415-003, 1229 GARDEN LN 49.4704/29/2021 061-0000-20101-00 JESSIE JOHNSON Refund Check 024277-000, 1871 BAIRD AVE 2.4204/28/2021 061-0000-20101-00 CHRISTY TINDER Refund Check 047165-005, 30 LORRAINE DR 55.0005/05/2021 061-0000-20101-00 MARCY OLMSTED Refund Check 059653-001, 385 HAWKINSON AVE 47.1904/28/2021 061-0000-20101-00 READY LIWIYA Refund Check 059765-000, 1164 W NORTH ST 55.0005/05/2021 061-0000-20101-00 DANIA WOLFORD Refund Check 062246-000, 1024 BROWN AVE 20.7905/06/2021 061-0000-20101-00 SALVATION ARMY Refund Check 016534-000, 1097 WOODBINE CR EAST 7.9804/29/2021 061-0000-20101-00 JOHN MILAN Refund Check 039258-001, 1411 E FIFTH ST 19 94.1105/06/2021 061-0000-20101-00 MICHAEL NILES Refund Check 056006-000, 833 S PEARL ST 55.0005/05/2021 061-0000-20101-00 RONDA STANLEY Refund Check 054073-000, 862 S SEMINARY ST 55.0005/05/2021 061-0000-20101-00 SARAH MESO Refund Check 059151-000, 240 CEDAR AVE 55.0005/05/2021 061-0000-20101-00 IPREH, LLC Refund Check 062087-000, 218 GARFIELD AVE 66.5105/06/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 16 Account Number Vendor AmountDescription PO No Date 061-0000-20101-00 MICHAEL THOMAS JR Refund Check 010622-000, 928 ARNOLD ST 55.0005/05/2021 061-0000-20101-00 BRIAN JOHNSON Refund Check 058557-001, 972 OLIVE ST 55.0005/05/2021 061-0000-20101-00 CHRISTY TINDER Refund Check 047165-004, 134 LORRAINE DR 55.0005/05/2021 061-0000-20101-00 WESLEY MENDENHALL Refund Check 052350-001, 119 OREN LN 55.0005/05/2021 061-0000-20101-00 BRIAN REED Refund Check 060913-000, 1457 BROWN AVE 55.0005/05/2021 061-0000-20101-00 BILLY THOMPSON Refund Check 018233-002, 2461 CAROL DR 55.0005/05/2021 061-0000-20101-00 NATIONAL COATINGS INC Refund Check 062187-000, 969 HAWKINSON AVE 87.4904/29/2021 061-0000-20101-00 ASHLEY MATHEWS Refund Check 010639-000, 1734 ROBIN CT 55.0005/05/2021 061-0000-20101-00 JEREMIE KILGORE Refund Check 043687-001, 1106 N SEMINARY ST 82.9804/29/2021 061-0000-20101-00 JASMINE MORROW Refund Check 043353-001, 388 LAWRENCE AVE 55.0005/05/2021 061-0000-20101-00 VERACITY HOLDINGS INVESTMENT GROUP LLCRefund Check 061961-001, 197 SUMNER ST 55.0005/05/2021 061-0000-51000-00 Baker Tilly Virchow Krause, LLP 2020 Fiscal Year Audit 5,605.00 000009195505/11/2021 061-0000-51000-00 PDC Laboratories, Inc.Water testing 28.0005/11/2021 061-0000-51000-00 PDC Laboratories, Inc.Water testing 49.5005/11/2021 061-0000-51000-00 PDC Laboratories, Inc.Water testing 14.0005/11/2021 061-0000-51000-00 NewGen Strategies & Solutions, LLC PROFESSIONAL SERVICE AGREEMENT TO CONDUCT A WATER RATE STUDY FOR 1,131.50 000009172605/11/2021 061-0000-51000-00 Klingner & Associates, P.C. - Architectural GroupEngineering Agreement for PFAS Water Treatment study 1,124.50 000009192005/11/2021 061-0000-51500-00 Sebis Direct Inc 03/21 UB Printing Costs 795.6705/11/2021 061-0000-52000-00 American Electric Power 04/21 Electricity 10,957.4904/30/2021 061-0000-52300-00 Ameren Illinois 04/21 Heat #1017455691 228.6704/30/2021 061-0000-54000-00 Eric Heiden Cell Allowance 30.0004/30/2021 061-0000-54000-00 Timothy Fey Cell Phone Allowance 30.0004/30/2021 061-0000-54000-00 CenturyLink 03/21 Service 263.1303/31/2021 061-0000-54000-00 Stratus Networks, Inc 05/21 Service 128.0505/11/2021 061-0000-54000-00 Michael Mackey Cell Phone Allowance 30.0004/30/2021 061-0000-54000-00 Mark Schwieter Cell Phone Allowance 30.0004/30/2021 061-0000-54000-00 Shelby Schwieter Cell Phone Allowance 30.0004/30/2021 061-0000-55700-00 Dowers Roofing, Inc.Made temporary leak repairs to 3 areas on east roof 345.0005/11/2021 061-0000-55700-00 Four Seasons Pest Control 04/21 Service 30.0005/11/2021 061-0000-55700-00 Four Seasons Pest Control 04/21 Service 45.0005/11/2021 061-0000-55700-00 Waste Management, Inc.05/21 Service 17.3605/11/2021 061-0000-55700-00 Royal Cleaning Services 05/21 Janitorial Services 434.0005/11/2021 061-0000-55700-00 Waste Management, Inc.05/21 Service 97.1405/11/2021 061-0000-55700-00 MAS Rigging Inc Perform Annual Hoist Inspections 1,595.0005/11/2021 061-0000-61000-00 Office Specialists, Inc.Paper 32.9005/11/2021 061-0000-66000-00 Core & Main Curb box rep sections 409.0005/11/2021 061-0000-68500-00 Brenntag Mid-South, Inc Drum return -2,250.00 000009182405/11/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 17 Account Number Vendor AmountDescription PO No Date 061-0000-68500-00 Brenntag Mid-South, Inc 2021 Liquid Chlorine for Water Division as per bid. This is a bl 3,901.00 000009182405/11/2021 36,212.21Subtotal for Divison: 0000 Subtotal for Fund 061 36,212.21 067-0000-20101-00 JOHN ROBERT VANWASSENHOVE II Refund Check 008535-000, 1043 BROWN AVE 5.5204/28/2021 067-0000-51000-00 Baker Tilly Virchow Krause, LLP 2020 Fiscal Year Audit 3,855.00 000009195505/11/2021 067-0000-51500-00 Sebis Direct Inc 03/21 UB Printing Costs 397.7705/11/2021 4,258.29Subtotal for Divison: 0000 Subtotal for Fund 067 4,258.29 078-0000-56535-00 Cottage Rehab and Sports Medicine Work comp dos 4/14/21 #AA15360763 302.5005/11/2021 078-0000-56535-00 Cottage Rehab and Sports Medicine Work comp dos 4/21/21 #AA15360763 192.3805/11/2021 078-0000-56535-00 Cottage Rehab and Sports Medicine Work comp dos 4/12/21 #AA15360763 238.6305/11/2021 078-0000-56535-00 DJO, LLC Work comp dos 2/17/21 #D4499322 64.7405/11/2021 078-0000-56535-00 Cottage Rehab and Sports Medicine Work comp dos 4/09/21 #AA15360763 192.3805/11/2021 078-0000-56535-00 Cottage Rehab and Sports Medicine Work comp dos 4/19/21 #AA15360763 238.6305/11/2021 078-0000-56535-00 Cottage Rehab and Sports Medicine Work comp dos 4/16/21 #AA15360763 238.6305/11/2021 078-0000-56535-00 OSF Saint Francis Work comp dos 2/4/21 #7112416800 480.3905/11/2021 078-0000-56535-00 Universal Therapy Work comp dos 4/16/21 #19806Z69129 146.1805/11/2021 078-0000-56535-00 St Mary Medical Center Work comp dos 12/25/20 #6986821600 633.6205/11/2021 078-0000-56535-00 Universal Therapy Work comp dos 4/19/21 #19788Z69129 146.1805/11/2021 078-0000-56535-00 Universal Therapy Work comp dos 4/23/21 #19921Z69129 146.1805/11/2021 078-0000-56535-00 Universal Therapy Work comp dos 4/28/21 #20143Z69129 146.1805/11/2021 078-0000-56535-00 St Mary Medical Center Work comp dos 12/25/20 #6986821601 166.6805/11/2021 078-0000-56535-00 Universal Therapy Work comp dos 4/26/21 #19924Z69129 146.1805/11/2021 078-0000-56535-00 Universal Therapy Work comp dos 4/21/21 #19825Z69129 146.1805/11/2021 3,625.66Subtotal for Divison: 0000 Subtotal for Fund 078 3,625.66 091-0000-20102-00 Galesburg Sanitary Dist.05/21 Sanitary District Fees less 3/21 Postage for Liens -2.8405/11/2021 091-0000-20102-00 Galesburg Sanitary Dist.05/21 Sanitary District Fees less 3/21 Lien Fees -166.5005/11/2021 091-0000-20102-00 Galesburg Sanitary Dist.05/21 Sanitary District Fees less 4/21 Credit Card Fees -2,181.7205/11/2021 091-0000-20102-00 Galesburg Sanitary Dist.05/21 Sanitary District Fees less 3% Collection Fee -10,973.6805/11/2021 091-0000-22003-00 Galesburg Sanitary Dist.05/21 Sanitary District Fees 365,789.4005/11/2021 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 18 Account Number Vendor AmountDescription PO No Date 352,464.66Subtotal for Divison: 0000 Subtotal for Fund 091 352,464.66 Report Total: 703,216.29 AP-Transactions by Account (05/11/2021 - 4:01 PM)Page 19 Check Date Check #Vendor Name Description Account #Amount 4/29/2021 0 Daniel Cervantez Meals - Basic Firefighter Wk 10 - DCervantez 001-0000-10706 162.00 4/29/2021 0 Delbert Wells Meals - Basic Firefighter - Wk 10 - DWells 001-0000-10706 162.00 4/29/2021 4029 ABG Enterprise, Inc.DCEO RLF at 1422 E Losey Street.013-0000-83100 2,000.00 4/29/2021 4030 Jevin J Boswell DCEO RLF repair work for 215 W Water Street.013-0000-83100 1,885.00 4/29/2021 4031 J W Summy Contracting Corp.DCEO RLF at 142 W 4th Street.013-0000-83100 1,713.50 4/29/2021 20059 ABG Enterprise, Inc.DCEO HELP Pilot at 1422 E Losey Street.013-0000-83100 6,550.00 4/29/2021 20060 J W Summy Contracting Corp.DCEO HELP Pilot at 385 Clark Street 013-0000-83100 510.00 4/29/2021 94663 Daqwon Holloway Settlement - Auto Damage 078-0000-56534 2,104.42 4/29/2021 94664 Knox County Recorders Office File 8 Weed/Trash/Demo liens 001-0160-51300 75.00 4/29/2021 94665 Michael Price Settlement - Damage to Property 078-0000-56534 3,884.38 4/30/2021 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 4/30/2021 0 Euclid Beverage Liquor for Golf Concessions 019-1920-64125 180.90 4/30/2021 0 G & M Distributors Liquor for Golf Concessions 019-1920-64125 563.30 5/6/2021 0 AboutGolf Global Inc Software Use (Nov.2021-Dec.2021)019-1905-55800 144.44 5/6/2021 0 AboutGolf Global Inc Software Use (Jan.2022 - Oct.2024)019-0000-10701 2,455.56 5/6/2021 0 AboutGolf Global Inc Replacement Equipment & Installation - 50% Down 019-1905-66500 4,993.23 5/6/2021 94735 Knox County Recorders Office Release 3 water/sewer/refuse 061-0000-51000 63.00 5/6/2021 94735 Knox County Recorders Office Release 2 property maint liens 001-0160-51300 63.00 5/6/2021 94736 Thorntons Refund of overpayment on Liquor License 001-0000-31010 100.00 5/7/2021 0 Chuck Humes Officiated 3 games Sball - 5/4/21 019-1940-51400 90.00 5/7/2021 0 Wells Fargo Paying Agent Fee Gales1011CGOT Series 2011C 046-0000-51000 250.00 5/7/2021 0 Dan Burgland Officiated 3 Sball games - 5/4/21 019-1940-51400 90.00 5/7/2021 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 5/7/2021 0 Cardconnect 04/21 Credit Card Fees 019-1905-51000 240.23 5/7/2021 0 Cardconnect Credit Card Equipment 019-1905-61700 3,436.50 5/7/2021 0 Euclid Beverage Liquor for golf concessions 019-1920-64125 166.35 5/7/2021 0 G & M Distributors Liquor for Golf concessions 019-1920-64125 317.00 5/7/2021 0 Bluefin Payment Systems 04/21 UB Webpayment Credit Card 061-0000-51000 2,314.09 5/7/2021 0 Bluefin Payment Systems 04/21 UB Webpayment Credit Card 067-0000-51000 44.89 5/7/2021 0 Bluefin Payment Systems 04/21 UB Webpayment Credit Card 061-0000-51000 14.60 5/7/2021 0 Bluefin Payment Systems 04/21 UB Webpayment Credit Card 061-0000-51000 89.79 5/7/2021 0 Bluefin Payment Systems 04/21 UB Webpayment Credit Card 067-0000-51000 7.30 5/7/2021 0 Bluefin Payment Systems 04/21 UB Webpayment Credit Card 067-0000-51000 1,157.04 5/7/2021 0 Merchant Transact 04/21 UB Webpayment Fees 061-0000-51000 0.28 5/7/2021 0 Merchant Transact 04/21 UB Webpayment Fees 067-0000-51000 0.14 5/7/2021 0 Vantiv Integrated Payment Solutions 04/21 Park & Rec Credit Card Fees 019-1905-51000 218.26 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 019-1905-51000 5.00 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 067-0000-51000 129.24 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 001-0205-51000 129.24 Advance Checks and ACH Payments as of 5/11/2021 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 001-0115-51000 257.95 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 001-0410-51000 30.47 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 019-1925-51000 154.65 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 061-0000-51000 258.48 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 019-1920-51000 1,670.76 5/7/2021 0 Wells Fargo Merchant Services 04/21 Credit Card Fees 001-0306-51000 30.47 Grand Total 39,712.46$ ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 3, 2021 AGENDA ITEM: Special Ordinance for the acquisition of vacant lot on the northeast corner of South Seminary Street and Mulberry Street, formerly known as 139 South Seminary Street. SUMMARY RECOMMENDATION: The City Manager and Director of Public Works recommend approval of the proposed acquisition for the amount of $34,000.00. BACKGROUND: Additional public parking spaces are needed in the downtown area near Seminary Street and Mulberry Street due the proximity of many restaurants, the Amtrak Depot, retail stores, and the Discovery Depot. There is an existing vacant gravel lot located on the NE corner of S. Seminary Street and Mulberry Street which the owner has indicated he is willing to sell to the City, if the City agrees to make it a parking lot. The owner of the vacant lot is Seminary Street Station. The most recent use of this lot was for the rail car for the Railroad Museum before they built their new building. The lot in its current condition is not an attractive lot in the center of downtown. If the City acquires the lot, it is proposed to improve the lot to match the existing improvements in Parking Lot D It is proposed to install landscaping along the south, east, and west sides of the new parking lot that will blend with the existing landscaping in Parking Lot D. In addition, lighting will be added that matches the existing lighting. The lot would be able to accommodate an additional 25 parking spaces. The lot is 66 feet x 132 feet or 8,712 square feet (0.20 acres). The proposed purchase price is reasonable and comparable to similar properties. BUDGET IMPACT: The property is located inside the boundaries of TIF I, so it is proposed to use TIF I funding to acquire this lot. SUPPORTING DOCUMENTS: 1. Special Ordinance 2.Location Map 3. Parking Lot Concept Plan 21-1008 SPECIAL ORDINANCE NO. _________________ AN ORDINANCE AUTHORIZING THE PURCHASE OF VACANT LOT PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEMINARY STREET AND MULBERRY STREET (FORMERLY KNOWN AS 139 S. SEMINARY) WHEREAS, the City of Galesburg, Illinois, is a home rule unit of government pursuant to Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS, Article VII, Section 6(a) of the Illinois grants a home rule unit authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the owner of the vacant lot at the northeast corner of Seminary Street and Mulberry Street, formerly known as 139 S. Seminary Street is wanting to sell the property to the City of Galesburg; and WHEREAS, the corporate authorities find that acquisition of this parcel is in the best interest of the City of Galesburg and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION ONE: The foregoing recitals are hereby incorporated into this Ordinance as is fully set forth herein. SECTION TWO: The Mayor, City Clerk, City Attorney, and City Manager are hereby authorized and directed to execute any and all necessary documents to complete the real estate purchase for the property described in Exhibit A, and formerly known as 139 S. Seminary Street. SECTION THREE: All ordinances or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION FOUR: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Approved this ______day of ____________________, 2021, by roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ ______________________________________________________________________________ Nays: ________________________________________________________________________ ______________________________________________________________________________ Absent: _______________________________________________________________________ ______________________________________________________________________________ _________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk EXHIBIT A CITY OF GALESBURG City Clerk Memo Operating Under Council – Manager Government Since 1957 ______________________________________________________________________________ TO: City Council FROM: Mayor Peter Schwartzman DATE: May 3, 2021 SUBJECT: Ward Five Council Member Appointment I am recommending the appointment of Jaclyn Smith-Esters to fulfil the two remaining years of my term as Council Member, Ward Five. Smith-Esters is a graduate of Carl Sandburg College and holds a Masters degree and two Bachelors from Western Illinois University. She has also served in the Illinois National Guard for six years, which she said has instilled the importance of the connection between community and local government. Currently, she’s employed with the Salvation Army, serving as the Healthcare Navigator through Support Services for Veterans and their Families. Besides her work, Smith-Esters also has a history of serving the public as a member of the Board of Directors for the Continuum of Care for Northwestern Illinois, served on the Knox County Truancy Board, Galesburg United Way, the Board of the Prairie Players Theatre League, and the Galesburg Community Preschool. Prior to her employment with the Salvation Army, she also served as production manager at the Orpheum Theatre in Galesburg and a Security Guard at Knox College. She has appeared in numerous theatrical productions through her experiences with Prairie Prayers Civic Theater, Western Illinois University Theater, and produced several productions. Prepared by: KRB Page 1 of 1 21-4049 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 17, 2021 AGENDA ITEM: Purchase agreement for the acquisition of vacant lot on the northeast corner of South Seminary Street and Mulberry Street, formerly known as 139 South Seminary Street. SUMMARY RECOMMENDATION: The City Manager and Director of Public Works recommend approval of the proposed acquisition for the amount of $34,000.00. BACKGROUND: Additional public parking spaces are needed in the downtown area near Seminary Street and Mulberry Street due the proximity of many restaurants, the Amtrak Depot, retail stores, and the Discovery Depot. There is an existing vacant gravel lot located on the NE corner of S. Seminary Street and Mulberry Street which the owner has indicated he is willing to sell to the City, if the City agrees to make it a parking lot. The owner of the vacant lot is Seminary Street Station. The most recent use of this lot was for the rail car for the Railroad Museum before they built their new building. The lot in its current condition is not an attractive lot in the center of downtown. If the City acquires the lot, it is proposed to improve the lot to match the existing improvements in Parking Lot D. It is proposed to install landscaping along the south, east, and west sides of the new parking lot that will blend with the existing landscaping in Parking Lot D. In addition, lighting will be added that matches the existing lighting. The lot would be able to accommodate an additional 25 parking spaces. The lot is 66 feet x 132 feet or 8,712 square feet (0.20 acres). The proposed purchase price is reasonable and comparable to similar properties. BUDGET IMPACT: The property is located inside the boundaries of TIF I, so it is proposed to use TIF I funding to acquire this lot. SUPPORTING DOCUMENTS: 1.Purchase Agreement 2.Location Map 21-4052 ____________________________________________________________________________ Prepared by: SJG Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 17, 2021 AGENDA ITEM: Consider a Downtown Façade Grant Redeveloper Agreement with Benedict Developers, LLC for the property located at 185 S. Kellogg Street. SUMMARY RECOMMENDATION: The Facade Advisory Committee (FAC) met on May 4, 2021 to review this request for facade assistance. The Committee recommended approval of the facade assistance in an amount not to exceed $80,000, or 50% of the estimated project costs, or 50% of the actual final project costs, whichever is less (Ayes: Members Bullis, Gerstenberger, Markwart and Scott; Abstain: Member Holloway). BACKGROUND: Benedict Developers, LLC submitted an application for a facade grant. The overall estimated facade project cost is $186,753.48. This project is eligible to receive up to $80,000, or 50% of the estimated project costs, or 50% of the actual final project costs, whichever is less. The remainder of the project will be funded by owner’s equity. The project would include the restoration and repair of the brick exterior, installation of new overhead doors, construction of a ramp for accessibility and the installation of new signage. The owner has hired an architectural firm to assist with the design to restore the exterior of this building. The owner anticipates beginning work as soon as possible, weather permitting, and anticipates completion by the Fall of 2021. BUDGET IMPACT: Sufficient funds will be available in the Tax Increment Financing District IV Fund for this facade assistance. SUPPORTING DOCUMENTS: 1.Aerial indicating project location 2. Construction plan elevations 3. Photos and concept elevation 4.Facade Agreement 21-4053 ESimmonsSt ETompkinsSt SKelloggStESimmonsSt SKelloggStETompkinsSt SSeminaryStESimmonsSt SSeminaryStMulberrySt ETompkinsSt96.580 124.35 78.2156.7272.05 15.5126 367.14 53.1350.58 132.6198132198 165 132 5082264115.5 82.5 66 22 10 100 50 158.85 23.82 21.68 3419.5 16.574.67 114.8114.3111.9424.18 1.831.17 86.4 7199.4517.18432062132 110 7011682132.650165 33 33 50.3 114.7 80 85.03 41.34 58.05 72.2 60 666649.576.4125.851779.572.1560 60145.7157.4 114.5 198 45.5 45.5 45.5 140140198148.522.2522.3322.3322.3322.333345.5 45.5 45.5148.5 49.5 82.9 115.5 100 66666666132 66 66666613266 32 33 27 11 6 21 24 23 1 24 8 10 12 15 18 17 Pt. 21 Pt. 21 22 9 34 35 24 25 26 28 29 30 31 3 2 1 10 9 8 7 6 13 12 4 5 22 4 3 2 2 2 2 1 25 1 1 216.516.5147.9198 198 2222.42132396.4 91 91181.5132 66122.2426222270264128 70 116.115.5 40 65 6013822 666666123 66.3443.73 58 TR. 1 TR. 2 50 100.381.7274.3923.41 16.79 132.43215 66.03 15.5S SEMINARY STMULBERRY ST S KELLOGG STE TOMPKINS ST 9914101008 105 S SEMINARY ST 9914101010 9914101034 9914104001 165 S SEMINARY ST 9914104005 225 S SEMINARY ST9915231002121 S PRAIRIE ST9915231004232 ESIMMONS ST9915231006292 ESIMMONS ST9915231008 237 E TOMPKINS ST 9915231015 248 E SIMMONS ST 9915231017 277 E TOMPKINS ST 9915231020 152 S KELLOGG ST 9915232001 306 E SIMMONS ST 9915232010 140 S SEMINARY ST 9915232015 170 S SEMINARY ST 9915232016 350 E SIMMONS ST 9915232020362 ESIMMONS ST9915232021 370 E SIMMONS ST 9915232025 185 S KELLOGG ST 9915232028 9915232030 367E TOMPKINS ST 9915232031 9915232032 160 S SEMINARY ST 9915234008 254 E TOMPKINS ST 9915235009 9915235025360 ETOMPKINS ST9915235026370 ETOMPKINS ST9915235029 350 E TOMPKINS ST 9915235032 330 E TOMPKINS ST Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community April 27, 2021 / Cadastral City of Galesburg 185 S Kellogg St 60 0 60 120 18030 Feet 185 S Kellogg St Community Development Department CITY OF GALESBURG Operating Under Council-Manager Government Since 1957 Exterior New walls, windows, and roof Interior New walls, windows, and roof Page 1 of 20 FACADE GRANT AGREEMENT WITH BENEDICT DEVELOPERS, LLC The West 123 feet of the South 3 rods of Lot 8; the West 123 feet of Lots 9 and 10; all in Block 29 in the City of Galesburg, Knox County, Illinois, as per Plat recorded in Volume 83 of Deeds, page 363. COMMONLY KNOWN AS: 185 South Kellogg Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-15-232-025 Submitted by: Return to: Kelli Bennewitz Kelli Bennewitz City Clerk City Clerk City of Galesburg City of Galesburg Page 2 of 20 THIS AGREEMENT, entered into this________day of ___________ , 2021, by and between the City of Galesburg, an Illinois municipal corporation, hereinafter referred to as “City”, whose address is 55 West Tompkins Street, P.O. Box 1387, Galesburg, Illinois, 61401 and Benedict Developers, LLC (hereinafter referred to as “Recipient”), whose address is 875 Meyer Rd, Knoxville, Illinois, 61448. WHEREAS, the City has established the Downtown Facade Redevelopment Program pursuant to resolution 16-07 (hereinafter referred to as “Program”). The purpose of the Program is to encourage architecturally appropriate improvements to commercial facades readily visible to the public, with the goal of promoting the attraction and retention of business operations and enhance the interest in visiting the downtown area, which will improve the overall economic condition of the City; and WHEREAS, the objective of the Program is to provide a financing mechanism which will make business improvements in the Downtown Area, which is a geographically defined area shown in the Program, financially feasible or economically more viable than it would be without the benefit of this Program, and that such inducements will help maintain and expand business activity and attract new business investments which might otherwise not occur in the Downtown Area; and WHEREAS, the Recipient has submitted the required documentation to request funds from the Program, and the Facade Advisory Committee and the City have determined that the Project to be undertaken by the Recipient fits the established criteria, NOW, THEREFORE, in consideration of the foregoing and the mutual agreement and herein, the City and the Recipient agree as follows: SECTION 1: DEFINITIONS A. Definition of Terms. Certain terms used in this Agreement shall have the following meanings unless their content or use clearly indicates otherwise. “Agreement” means this document for development pursuant to the Downtown Facade Redevelopment Program. “City” means the City of Galesburg, Illinois. “Construction Documents” means written, graphic and pictorial documents prepared or assembled by an Illinois licensed design professional for describing the design, location and physical characteristics of the Project necessary for obtaining construction permits. Page 3 of 20 “Estimated cost of the project” means the cost of the Project as estimated as of the date of this Agreement and as reflected on Exhibit C attached hereto and made a part hereof. “Event of Default” means those occurrences, actions or lack of action which shall be construed to be a breach of failure to perform pursuant to the terms of this Agreement as set forth in Section 12 of this Agreement. “Facade” means the exterior of a building visible from a public street or alley. “Grant” means the monies provided by the City to the Recipient to reimburse costs specified in Section 7 herein. “Program” means the Downtown Facade Redevelopment Grant Program pursuant to resolution 16-07. “Project” means the redevelopment of the Facade as described in Exhibit B. “Property” means the parcel(s) in which the Project is taking place, as described in Exhibit A. B. Construction of Words. The words “hereof”, “herein”, “hereunder” and other words of similar import refer to this Agreement as a whole. Unless otherwise specified, references to Articles, Sections and other subdivisions of this Agreement are to the designated Articles, Sections and other subdivisions of this Agreement as originally executed. The headings of this Agreement are for convenience of reference only and shall not define or limit the provisions hereof. C. Non-Limitation of City’s Remedies. Nothing contained herein shall in any way limit the remedies of the City pursuant to other sections of this Agreement and pursuant to law and equity in the Event of Default. SECTION 2: COVENANTS AND RESTRICTIONS A. Non-Discrimination. The Recipient agrees for itself and its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Recipient and such successors and assigns, shall not discriminate in violation of all applicable Federal, State or Local laws or regulations upon the basis of race, color, religion, sex, age or national origin in the sale, lease or rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. B. Duration of Covenants. It is intended and agreed that the covenants provided in Section 2 shall remain effective without any time limitation, provided, that such agreements and covenants shall be binding on the Recipient itself, each successor in interest to the Property, and in every part Page 4 of 20 thereof, and each party in possession or occupancy, respectfully, only for such period as such successor or party shall have title to an interest in, or possession or occupancy of the Property. C. Guarantees. The Recipient agrees for itself, its successors and assigns and every successor in interest to the Property or any part thereof, that the Recipient and such assigns shall guarantee the Project shall begin within 180 days from the date this Agreement is executed and shall use its best efforts to cause said improvements to be in accordance with the Construction Documents approved by the City. A Project description is attached hereto as Exhibit B and incorporated herein by this reference. D. Covenants Running with the Land. It is intended and agreed that the covenants referred to above shall be covenants running with the land and that they shall in any event be binding to the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable by the City, its successors and assigns, and the City, the State of Illinois, and the United States of America with regard to Section 2A of this Agreement, and against the Recipient, its successors and assigns and every successor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. E. Binding for the Benefit of the City. It is also intended and agreed that the foregoing agreements and covenants running with the land shall in any event and without regard to technical classification or designation legal or otherwise itself be to the fullest extent permitted by law and equity binding for the benefit of the City and enforceable by the City and the State of Illinois and the United States against the Recipient and its successors, assigns to or of the Property or any part thereof or any interest therein. F. This Agreement shall be governed by the State of Illinois and the parties agree that Knox County is and will be the appropriate venue for the hearing of any dispute relating to this Agreement. SECTION 3: CITY AND OBLIGATION A. The City shall provide to Recipient reimbursable grant not to exceed the total amount of $80,000 or fifty percent of the facade Project cost specified in Exhibit C, or fifty percent of the actual final project costs, whichever is less for the Project as described in Exhibit B (hereinafter both grants referred to as the “Grant”). Said Grant will be available to the Recipient for the expenses as outlined in Exhibit C. Payment to the Recipient shall be in the form of a reimbursement of expenses paid by the Recipient. Grant reimbursements, to the maximum extent possible, will be made by the City within 30 business days of the date the Certification for Reimbursement of Facade Grant was received by the City. Page 5 of 20 SECTION 4: RECIPIENT’S OBLIGATION AND RIGHTS A. Guarantees. In consideration of the Grant to be provided, the Recipient guarantees the construction of the project. Specifically, Recipient guarantees the activities as outlined in Exhibit B shall be completed at the estimated cost of $186,753.48, as outlined in Exhibit C. B. Submission of Construction Documents. Prior to commencement of construction the Recipient shall submit to the City for its approval, which approval shall not be unreasonably withheld, Construction Documents prepared by an Illinois licensed design professional that are of sufficient clarity to indicate the location, nature and extent of the work proposed as outlined in EXHIBIT B. C. Conformance to Construction Documents. All work with respect to the Project to be construed or provided by the Recipient on the Property shall be in substantial conformity with the Construction Documents and Project description as outlined in EXHIBIT B. D. Conformance to Federal, State and Local Requirements. All work with respect to the Project shall conform to all applicable Federal, State and Local laws, regulations and ordinances including, but not limited to construction codes, life safety code and Illinois Accessibility Code. E. Changes in Construction Documents. If the Recipient desires to make any substantial change in the Construction Documents which significantly affects the appearance, function, or structural integrity of the Project, whether prior to, or subsequent to the funding of the Grant, the Recipient shall submit the proposed change to the City for its approval. F. Improvements, Commencement and Completion Requirements. 1. Commencements. The Recipient agrees for itself, its successors and assigns that it shall begin within 180 days from the date this Agreement is executed and diligently prosecute to completion the redevelopment of the Property through the construction of the Project thereon pursuant to the approved Construction Documents and in accordance with approved changes. 2. Compliance. The Recipient agrees for itself, its successors and assigns that the construction of the Project shall be in compliance with applicable Federal, State and Local laws, regulations and ordinances. All construction permits are secured and all associated fees are paid prior to the onset of work and all completed work shall pass appropriate inspections of applicable reviewing agency. 3. Remedies. In addition to all the available remedies provided by this Agreement, the City shall have all available remedies pursuant to law and equity to remedy defects and recover damages in the event of any violation of subparagraphs F1 and F2 immediately preceding. Page 6 of 20 4. Lien Waivers. All contracts payable from Grant funds shall provide that all contractors and subcontractors furnish contractor's affidavits in the form provided by state statute and that waivers of lien be required for all payments made. G. Financing Authorization and Commitment. Prior to any disbursement of Grant funds by the City, the Recipient shall submit to the City evidence that the Recipient has the appropriate authorization to proceed, and has sufficient funds available or financing in place to cover the costs associated with the private share of the project. H. Progress Reports. Until construction of the Project has been completed, the Recipient shall make progress reports to the City when milestone dates are achieved, or upon special requests of the City in such detail as may be reasonably requested by the City. I. The Recipient shall agree to work with and cooperate with the City to inform the public about the Project. J. Maintenance and Alteration. 1. The Recipient, its successors and assigns, shall maintain the façade improvements for a period of five (5) years from the date of the final Grant reimbursement. 2. The Recipient, its successors and assigns, shall not alter, modify or remove facade improvements for a period of five (5) years from the date of the final Grant reimbursement without written approval from the City. SECTION 5: REPRESENTATIONS OF THE RECIPIENT The Recipient represents, warrants and agrees as the basis for the undertakings on its part herein contained that: A. Organizational and Authorization. The Recipient is: BENEDICT DEVELOPERS, LLC 875 Meyer Rd Knoxville, IL 61448 B. Use of Proceeds. All of the proceeds from the Grant funds will be used for the facade renovation costs of the Project as provided for herein. C. Location of the Project. The Project will be located on the Property, as described in Exhibit A. D. Estimated Costs. The Estimated Cost of the Project is set forth in Exhibit C attached hereto. Page 7 of 20 E. Changes in Acquisition or Construction of Project. The Project consists and will consist of the property described in Exhibit A attached hereto and no changes shall be made in the construction of the Project which will have the effect of impairing the effective use or character of the Project as contemplated by this Agreement. F. Conformance with Requirements and Regulation. The Recipient has examined and is familiar with all the covenants, conditions, restrictions, building regulations and zoning ordinances and land use regulations including those contained herein affecting the Property and the Project, and covenants that the Construction Documents and the construction of the improvements in accordance with the Construction Documents do and will in all respects conform to and comply therewith. SECTION 6: ADDITIONAL COVENANTS OF THE RECIPIENT A. Indemnification Covenants. The Recipient agrees for itself, its successors and assigns, to indemnify and save the City and its officers and employees harmless against all claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done on, the Project while the Property remains in existence and against and from all claims arising from (i) any condition of the Project (ii) any breach or default on the part of the Recipient or its successors and assigns in the performance of any of its obligations under this Agreement (iii) any act of negligence of the Recipient or of any of its agents, contractors, servants, employees or licensees, (iv) any act of negligence of any assignee or lessee of the Recipient, or of any agents, contractors, servants, employees or licensees of any assignee or lessee of the Recipient, or (v) any performance by the City of any act required under this Agreement or required by the Recipient or its successors and assigns other than negligent or willful misconduct of the City. The Recipient agrees to indemnify and save the City harmless from and against all costs and expenses incurred in or in connection with any such claim arising as foresaid or in connection with any action or proceeding brought thereon. In case any such claim is made or action brought based upon any such claim in respect of which indemnity may be sought against the Recipient, upon receipt of notice in writing from the City setting forth the particulars of such claim or action, the Recipient shall assume the defense thereof including the employment of counsel and the payment of all costs and expenses. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of the City unless the employment of such counsel has been specifically authorized by the Recipient. B. Insurance. The Recipient shall agree to keep and maintain its property insured for its full insurable value against loss or damage by fire, theft, explosion, sprinklers and all other Page 8 of 20 hazards and risks ordinarily insured against by other owners or users of such properties in similar business. All insurance policies shall contain an endorsement that the insurance company shall provide the City at least 30 days prior written notice before any such policy shall be altered or canceled. C. Maintenance and Repair. The Recipient agrees that it will maintain and repair the Project in accordance with the requirements of this Agreement. SECTION 7: GRANT ASSISTANCE A. Grant Assistance to the Recipient. The City agrees, upon the terms and conditions in this Agreement, to make available an amount not to exceed $80,000 or fifty percent of the façade Project as specified in Exhibit C, or fifty percent of the actual final project costs, whichever is less. B. Permitted Expenditures. No Grant funds may be disbursed from the City to Recipient unless they are for the purpose of paying the costs which are permitted by the Program as it may be amended from time to time. C. Disbursement from Grant Fund. At the request of and on behalf of the Recipient, the City, pursuant to the terms and conditions of this Agreement shall through disbursements from the appropriate Tax Increment Financing Fund, to the extent of funds available, reimburse to the Recipient for the costs incurred for the Project as set forth on Exhibit C attached hereto. D. Modification of Expenditures. The items set forth on Exhibit C may be modified by increasing or decreasing the cost of a particular item by adding or deleting items from the list provided. However, the total amount to be funded shall not exceed $186,753.48 (On Hundred Eighty Six Thousand Seven Hundred Fifty Three and Forty-Eight Cents) and further, provided that any such modification shall conform to the requirements of subsection 7B and the requirements of this Agreement. All requests for modification shall be in writing to the City. If such modification conforms to the requirements of this Agreement, the City shall approve the proposed change and process the request for reimbursement. E. Conditions Precedent to Disbursement. Prior to the initial reimbursement payment, unless waived by the City in writing, Recipient will furnish to the City the following, all to be satisfactory in both form and substance to the City, which shall be conditions precedent to the City's disbursement of Grant funds. Any item, the production of which has not been waived by the City, shall be furnished by the Recipient to the City as soon as reasonably available. 1. Necessary and appropriate construction permits; 2. Organization documents and filings for the Recipient and all resolutions necessary to effect the obligations of the Recipient pursuant to this Agreement; Page 9 of 20 3. Satisfactory proof that policies of insurance of all types and coverages required under the term of this Agreement have been obtained and are in force; 4. Contracts and subcontracts covering the construction of the Project; 5. Internal Revenue Service and Illinois taxpayer identification numbers for Recipient; 6. Evidence satisfactory to the City that Recipient holds fee simple title to the Property subject only to the encumbrances of the First Mortgage or holds valid options to acquire fee simple title to the Property subject to the above noted encumbrances; 7. Evidence of funds available for completion of the Project; 8. Requests for Reimbursements. Concurrently with the request for any Grant disbursement, Recipient shall have their Architect furnish to the City, separately with respect to each disbursement request, an Application and Certificate for Payment duly signed with all blanks appropriately filled in setting forth such details concerning the costs contained therein as the City shall require. Such request shall include a detailed breakdown of any costs associated with the project showing the amount expensed to date and the amounts then due and unpaid, and receipted invoices and/or releases or waivers of lien forms approved by the City from each material dealer, contractor and subcontractor who has done work or has furnished materials for construction of the Project, including but without limitation those covered by each such an Application and Certificate for Payment of Façade Grant. F. Time for Payment of Requisitions. If the City shall so require, thirty (30) days shall intervene between the date of receipt by City of an Application and Certificate for Payment of Façade Grant and the date upon which the City shall be obligated to effect such reimbursement. SECTION 8: CONSTRUCTION OF THE IMPROVEMENTS A. Commencement and Completion. Recipient shall cause construction of the Project to be commenced and to be prosecuted with due diligence and in good faith, and without delay. Recipient shall cause Project to be constructed in a good and workmanlike manner in accordance with the Construction Documents and in all respects in compliance with all applicable laws, rules, permits, requirements and regulations of any government agency or authorities having or exercising jurisdiction over the Property or the Project and will not cause, permit or allow any substantial deviation from the Construction Documents without prior written consent of the City. B. Contract Prohibitions. Unless otherwise previously agreed by the City in writing, all contracts let by Recipient or Recipient's contractor in connection with construction of the Project shall contain a prohibition against any material change in the Construction Documents involving a structural, Page 10 of 20 square footage, design change or other substantial change without the City's prior written consent being had thereto. SECTION 9: LIABILITY INSURANCE Prior to any Grant disbursement, Recipient or Recipient’s contractor shall procure and deliver to the City at Recipient's or such contractor's cost and expense, and shall maintain in full force and effect until each and every obligation of Recipient contained herein has been fully paid, or performed, a policy or policies of comprehensive liability insurance and during any period of construction contractor's liability insurance with liability coverage under the comprehensive liability insurance to be not less than $1,000,000 (One Million Dollars) each occurrence and $2,000,000 (Two Million Dollars) total. All such policies to be in such form and issued by such companies as shall have been approved by the City to protect the City and Recipient against any liability incidental to the use of or resulting from any accident occurring in or about the Project or the construction and improvements thereof. Each such policy shall contain an affirmative statement by the issuer thereunder to give written notice to the City at least 30 (thirty) days prior to any cancellation or amendment of its policy. SECTION 10: RIGHTS OF INSPECTION The City or its designee shall have the right at any time and from time to time to enter upon the Property for the purposes of inspection and if the City in its judgment, determines that any work and materials are not in conformity with the Construction Documents, as the same were theretofore approved in writing by the City, or with any applicable laws, regulations, permits, requirements or rules of any governmental authority having or exercising jurisdiction thereover or not otherwise in conformity with sound building practice, the City shall have the right to stop the work and to order replacement of correction of any such work or materials regardless of whether or not such work or materials have theretofore been incorporated into the Project. Inspection by the City of the Property or the Project shall be for the sole purpose of protecting the security for the Grant assistance and shall not be construed as a representation by the City that there has been compliance with the Construction Documents or that the Project will be or are free of faulty materials or workmanship, or a waiver of any rights the City or any other party may have against Recipient or any other party for non-compliance with the Construction Documents. SECTION 11: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER A. Representation as to Purpose. The Recipient represents and agrees that its redevelopment of the Property, and its other undertakings pursuant to this Agreement, are, and will be used, for the redevelopment of the Property only. Page 11 of 20 B. Prohibition Against Transfer of Property and Assignment of Agreement. The Recipient represents and agrees for itself and its successors and assigns that: 1. Prohibitions. Except only by way of security for a First Mortgage and only for the purpose of obtaining financing necessary to enable the Recipient or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Project under this Agreement, the Recipient (except as so authorized) has not made or created, and it will not, prior to receipt of the certificate of occupancy from the City, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, except for utility easements, without prior written approval of the City. 2. Conditions for Approval. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: a. Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Recipient (or, in the event the transfer is of or related to part of the Property, such obligations to the extent that they relate to such part.) b. Any proposed transferee, by instrument in writing satisfactory to the City and in a form recordable among the real property records, shall for Itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Recipient under this Agreement and agreed to be subject to all the conditions and restrictions to which the Recipient is subject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions and restrictions to the extent that they relate to such part); Provided, that the fact that any transferee of, or any other successor in interest whatsoever, to the Property or any part thereof, shall, whatever the reason, not have assumed such obligations or so agreed, shall not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Property or the construction of the Project; it being the intent of this, together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Page 12 of 20 Property of any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate legally or practically, to deprive or limit the City of, or with respect to, any rights or remedies or controls provided in or resulting to the Property and the construction of the Project that the City would have had, had there been no such transfer or change. 3. The Recipient and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Real Property Tax Increment. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Recipient, or any other party in interest bound in any way by the Agreement or otherwise with respect to the construction of the Project, from any of its obligations with respect thereto. SECTION 12: EVENTS OF DEFAULT AND REMEDIES A. Events of Default. The following shall be Events of Default with respect to this Agreement: 1. If any material representation made by the Recipient in this Agreement, or in any certificate, notice, demand or request made by the Recipient, in writing and delivered to the City pursuant to or in connection with any of said documents shall prove to be untrue or incorrect in any material respect as of the date made; or 2. Default in the performance or breach of any covenant contained in this Agreement concerning the covenant of Recipient with regard to its existence and ownership of the Property; or 3. Default in the performance or breach of any other covenant, warranty or obligation of the Recipient in this Agreement and continuance of such default or breach for a period of 30 (thirty) days after Recipient has actual knowledge thereof; or 4. The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of the Recipient in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Recipient for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order unstayed and in effect for a period of 60 (sixty) consecutive days; or 5. The commencement by the Recipient of a voluntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by any such entity to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other Page 13 of 20 similar official) of the Recipient or of any substantial part of such entity's property, or the making by any such entity of any assignment for the benefit of creditors or the failure of the Recipient generally to pay such entity's debts as such debts become due or the taking of action by the Recipient in furtherance of any of the foregoing. B. Remedies on Default 1. In the event of any default in or breach of this Agreement, or any of its terms or conditions, by the Recipient or any successors or assigns, the Recipient shall repay to the City a portion of the Grant amount received according to the following formula: 60 months – (months elapsed from date Grant funds received) X Grant funds received = Repayment Amount 60 months 2. Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by either party hereto or any successors to such party, such party or successor, upon written notice from the other, shall take immediate action to cure or remedy such default or breach, and, in any event, within 60 (sixty) days after receipt of such notice. In case such action is not taken, or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. 3. In case the City shall have proceeded to enforce its rights under this Agreement and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the City, then and in every such case the Recipient and the City shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of the Recipient and the City shall continue as though no such proceedings had been taken. C. Agreement to Pay Attorney’s Fees and Expenses. In the event the Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Recipient herein contained the Recipient agrees that it will on demand therefore pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. In the event the City should default under any of the provisions of this Agreement and the Page 14 of 20 Recipient should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Recipient herein contained the City agrees that it will, on demand therefore, pay to the Recipient the reasonable fees of such attorneys and such other expenses so incurred by the Recipient. SECTION 13: OTHER RIGHTS AND REMEDIES OF CITY AND RECIPIENT A. No Waiver by Delay. Any delay by the City or the Recipient in instituting or prosecuting any actions or proceedings or otherwise asserting its rights shall not serve to waive or to deprive it of or limit such rights in any way (it being the intent of this provision that the City or Recipient should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, lathes or otherwise) to exercise such remedy at a time when it may still hope to otherwise resolve the problems created by default involved; nor shall any waiver in fact made by the City or Recipient with respect to any specific default by the Recipient or the City under this Section be considered or treated as a waiver of the rights of the City or the Recipient with respect to any other defaults by the Recipient, or the City under this Section or with respect to any defaults under any Section in this Agreement or with respect to the particular default, except to the extent specifically waived in writing by the City or the Recipient. B. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement (or their successors in interest) whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the time or different time, of any such remedies for the same default or breach by the other party. No waiver made by either such party with respect to the performance, nor the manner of time thereof, or any obligation of the other party or any condition as to its own obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. SECTION 14: DELAY IN PERFORMANCE For the purposes of any of the provisions of this Agreement except regard to payment of real property taxes or guarantees as provided herein, neither the City, nor the Recipient, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of enforced delay in the Page 15 of 20 performance of such obligations due to unforeseeable cause beyond its control and without its fault or negligence, including, but not restricted to acts of God, acts of the public enemy, acts of federal, state or local government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City with respect to the preparation of the Property for the redevelopment Project or of the Recipient with respect to construction of the Project as the case may be, shall be extended for the period of the enforced delay. Provided, that the party seeking the benefit of the provisions of this Section, shall, within 10 (ten) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, of the cause or causes thereof, and requested an extension of the period of enforced delay. Such extensions of schedule shall be agreed to in writing by the parties hereto. SECTION 15: EQUAL EMPLOYMENT OPPORTUNITY The Recipient, for itself and its successors and assigns, agrees that during the construction of the Project provided for in this Agreement that the following will apply: A. Non-Discrimination. The Recipient will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, or national origin. The Recipient will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. B. Advertising. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. C. Non-Compliance. In the event of the Recipient’s non-compliance with the non-discrimination clauses of this Section, this Agreement may be canceled, terminated, or suspended in whole or in part. D. Mandatory Inclusions of Provisions. The Recipient will include the provisions of Paragraphs "A" through "C" of this Section in every contract or purchase order, and will require the inclusions of these provisions in every subcontract entered into by any of its contractors, unless exempted by Page 16 of 20 rules, regulations, so that such provisions will be binding upon each such contractor, subcontractor, or vendor as the case may be. SECTION 16: TITLES OF ARTICLES AND SECTIONS Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. SECTION 17: CONFLICT OF INTEREST No member, officer, or employee of the City or its designees or agents and no member of the governing body of the City during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, with respect to which this Agreement shall apply. SECTION 18: NOTICES All notices, requests, demands and other communications to be given to any party hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or deposited in the United States mail, certified or registered mail, return receipt requested, postage prepaid, addressed to the parties at the following addresses (or at such other address as shall be given in like manner by any party to the other): City of Galesburg: Recipient: City of Galesburg Community Development Department 55 West Tompkins Street Galesburg, IL. 61401 Benedict Developers, LLC Carrie Benedict 875 Meyer Rd Knoxville, IL 61448 Page 17 of 20 SECTION 19: COUNTERPARTS If the Agreement is executed in two or more counterparts, each shall constitute one and the same instrument and each shall be recognized as an original instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused their respective seals to be affixed and attested thereto as of the date first written above in this Agreement. City of Galesburg A municipal corporation Recipient By: Peter Schwartzman Carrie Benedict Its: Mayor Its: Manager Attest: Attest: Kelli R. Bennewitz, City Clerk Page 18 of 20 EXHIBIT A PROPERTY DESCRIPTION The West 123 feet of the South 3 rods of Lot 8; the West 123 feet of Lots 9 and 10; all in Block 29 in the City of Galesburg, Knox County, Illinois, as per Plat recorded in Volume 83 of Deeds, page 363. COMMONLY KNOWN AS: 185 South Kellogg Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-15-232-025 Page 19 of 20 EXHIBIT B PROJECT DESCRIPTION Their plan is to renovate this approximately 19,040 sf building downtown building a new taproom with approximately 30 taps, a brew house area and a venue space that would be for events such as weddings, concerts, game tournaments or other community events. The façade portion of the project will include the restoration and repair of the brick exterior, installation of new overhead doors, construction of a ramp for accessibility and the installation of new signage. The expected completion date of the entire façade project is Fall 2021. Page 20 of 20 EXHIBIT C COSTS OF PROJECT DESCRIPTION OF WORK AND/OR MATERIAL COST BRICK REPAIR $109,800 SIGNAGE $33,812.48 OVERHEAD DOORS $19,230 RAMP $23,911 TOTAL: $186,753.48 Prepared by Gugs Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG MAY 17, 2021 AGENDA ITEM: Consider a Tax Increment Financing (TIF) Redeveloper Agreement with Benedict Developers, LLC for the property located at 185 S. Kellogg Street. SUMMARY RECOMMENDATION: The City Manager and Interim Director of Community Development recommend the Redeveloper Agreement be approved. BACKGROUND: Benedict Developers, LLC is proposing a complete renovation of the vacant building at 185 S. Kellogg St. and have requested Tax Increment Financing District IV assistance. This project will also include the complete renovation of the interior of the building. This will include interior brick restoration, new windows, skylights and doors, new framing, all new mechanical, electrical and plumbing. Once complete, the project will offer a new taproom with approximately 30 taps, a brew house area and a venue space that would be for events such as weddings, concerts, game tournaments or other community events. The estimated total renovation cost is $2,479,570.93, of which includes $1,804,046.82 that would be eligible expenses under the TIF program. The proposed incentive would be approximately 15% of the eligible expenses, which would be up to $270,607.02, which would be paid out in equal installments over a four year period. The remainder of the expenses would be paid for by private investment. Also on the agenda tonight is an item to consider a Downtown Façade Grant incentive for renovations to the exterior of the building. The owner anticipates beginning work as soon as possible, weather permitting, and anticipates completion by the Fall of 2021. BUDGET IMPACT: The TIF IV Redevelopment Area (Fund 49) has sufficient funds available to cover the request. SUPPORTING DOCUMENTS: 1. Floor plan 2.Redeveloper Agreement 21-4054 1 2 3 4 5 6 7 8 I I I I I FI RST FLOOR PLAN - ARCHITECTURAL 1 /8" = I -O" WALL LEGEND NEW WALL EXISTING WALL FUTURE CANOPY 0 I i J GENERAL NOTES 1. SEE SHEET A000 FOR DOOR SCHEDULE * WINDOW ELEVATIONS. 2. SEE A700 FOR LARGE SCALE PLANS. 3. SEE SHEET A900 FOR INTERIOR ELEVATIONS. 47! RENOVATION TO 321 S.W. Water Street E I RST E LOOR PLAN — 2/21 Suite 1°° ARCH ITECTU RAL4DEBORAHAyk BAGGER Peoria, Illinois 13ENEDICT VENUE(309) 672-6498 A IArchitectural (309) 672-6420 Fax ro,. o.: 201 9 ate: 1112121 No. Date Revisions Drawn• EXP. 11.30.22 Design Group E -Mail @ArchDesignGrp.comGALESBURG, ILLINOIS INCORPORATED PLS Approved: : DJt Page 1 of 28 CITY OF GALESBURG Redevelopment Agreement Galesburg, IL The West 123 feet of the South 3 rods of Lot 8; the West 123 feet of Lots 9 and 10; all in Block 29 in the City of Galesburg, Knox County, Illinois, as per Plat recorded in Volume 83 of Deeds, page 363. COMMONLY KNOWN AS: 185 South Kellogg Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-15-232-025 Submitted by: Kelli R. Bennewitz City Clerk City of Galesburg Return to: Kelli R. Bennewitz City Clerk City of Galesburg P.O. Box 1387 Galesburg, IL 61401 Page 2 of 28 CONTRACT FOR PRIVATE DEVELOPMENT PURSUANT TO THE GALESBURG, ILLINOIS TAX INCREMENT CONSERVATION AND BLIGHTED AREA REDEVELOPMENT PLAN AND PROJECTS IV AND THE GALESBURG TAX INCREMENT REIMBURSEMENT PROGRAM FOR BENEDICT DEVELOPERS, LLC THIS AGREEMENT, entered into on or as of the _____ day of __________, 2021, by and between the City of Galesburg, Illinois, a municipal corporation, hereinafter called the “City”, exercising its governmental powers pursuant to the 1970 Constitution of the State of Illinois, whose address is 55 West Tompkins Street, P.O. Box 1387, Galesburg, Illinois 61401, and Benedict Developers, LLC, hereinafter called the “Redeveloper”, whose address is 875 Meyer Rd, Knoxville, IL 61448. WITNESSETH WHEREAS, the City has adopted a program for the reconstruction of a Redevelopment Area known as the Tax Increment Redevelopment Project Area IV in Galesburg, Illinois, pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq. of the Illinois Revised Statutes, (hereinafter referred to as the “Act”); and WHEREAS, pursuant to the provisions of the Act, the City has adopted a Redevelopment Plan and Redevelopment Projects (hereinafter referred to as the “Plan”) pertaining to the Redevelopment of the Tax Increment Redevelopment Project Area IV, a copy of which is on file in the office of the City Clerk of the City and available for public inspection; and WHEREAS, the Redeveloper has proposed to conduct renovations on the property located at 185 S. Kellogg Street, which is described in Exhibit “A” attached hereto and made a part hereof, (which said property as so described is hereinafter called the “Redevelopment Site”). WHEREAS, the City, to achieve the objectives of the Plan in accordance with the uses set forth therein, intends to assist the Redeveloper with the renovation and redevelopment at the Redevelopment Site through the payment of certain Redevelopment Assistance; and WHEREAS the Redeveloper is willing to fund the remaining portion of the project through other sources; and WHEREAS, the City believes that the redevelopment of the Redevelopment Site pursuant to the Plan is in the vital and best interest of the City and the health, safety, morals and welfare of its residents, and in accordance with the public purposes and provisions of the applicable federal, state, and local laws. Page 3 of 28 SECTION 1: DEFINITIONS A. Definition of Terms. Certain terms used in this Agreement shall have the following meanings unless their content or use clearly indicate otherwise. “Act” means the Tax Increment Allocation Redevelopment Act, 65 ILCS, 5/11-74.4-1 et seq. of the Illinois Compiled Statutes as amended and supplemented. “Agreement” means this contract for Private Development pursuant to the Galesburg, Illinois, Tax Increment Conservation Redevelopment Plan and Project IV. “Authorized Representative” means such person at the time and from time to time designated to act on behalf of the Redeveloper by written certificate furnished to the City, containing the specimen signature of such person and signed on behalf of the Redeveloper by Carrie Benedict. Such certificate may designate an alternate or alternates. “City” means the City of Galesburg, Illinois. “Construction Plans” means the detailed plans, drawings, specifications and related documents along with a proposed completion schedule for the construction and or the rehabilitation of the Project to be submitted by the Redeveloper to the City. “Estimated Cost of Project” means the cost of the Project as estimated as of the date of this Agreement and as reflected on Exhibit “B” attached hereto and made a part hereof. “Events of Default” shall mean those occurrences, actions or lack of action which shall be construed to be a breach or failure to perform pursuant to the terms of this Agreement as set forth in Section 13 of this Agreement. “Final Project Cost Analysis” means the statement of actual cost and expenses of the Project submitted by the Redeveloper to the City in certified form after completion of the Project. “Final Site Plan” means the final plan submitted by the Redeveloper to the City which sets forth the limit of the Redevelopment Site, building locations, ingress and egress, loading areas, parking, landscaping, signage and adjoining streets including one or more elevations or sketches showing the exterior features and designs of the building(s). “Plan” means the Redevelopment Plan and Redevelopment Projects (Redevelopment Plan IV) adopted by the City pursuant to the Act. “Project” means the redevelopment/renovation of the Redevelopment Site as described in Exhibit “D”. “Property” shall refer to the Redevelopment Site, within the Redevelopment Area being redeveloped by the Redeveloper as described in Exhibit “A” attached hereto. Page 4 of 28 “Property Tax Increment” means the net amount paid over to the City by the Knox County Treasurer as the City’s share of the increment provided for under Section 8 of the Act and attributable to Property Tax Increment generated by a Project on a Redevelopment Site, unless said site is tax- exempt. “Redevelopment Area” shall refer to the Tax Increment Redevelopment Project Area IV as approved by the City which is described in Exhibit “C” attached hereto. “Redevelopment Assistance” means the monies provided by the City as a reimbursement to the Redeveloper for costs specified in Section 8 herein. “Redevelopment Site” shall refer to the parcel or parcels within the Redevelopment Area as described in Exhibit “A” attached hereto. B. Construction of Words. The words “hereof”, “herein”, “hereunder”, and other words of similar import refer to this Agreement as a whole. Unless otherwise specified, reference to Articles, Sections and other subdivisions of this Agreement are to the designated Articles, Sections and other subdivisions of this Agreement as originally executed. The headings of this Agreement are for convenience of references only and shall not define or limit the provision hereof. C. Non-Limitation of Remedies. Nothing contained herein shall in any way limit the remedies of the City or Redeveloper pursuant to other Sections of this Agreement and pursuant to law and equity in the Event of Default. SECTION 2: REAL PROPERTY TAXES A. Payment of Real Property In order to assure the proper flow of tax revenues anticipated by the City pursuant to the Plan, the Redeveloper shall promptly pay all real property taxes on the Redevelopment Site when due. B. Non-Payment of Real Property Taxes. In the event that any portion of real property taxes are not paid in a year, the Redeveloper is ineligible to receive the Property Tax Increment reimbursement incentive payment for that year, until they become current on all property taxes and provide proof thereof. Page 5 of 28 SECTION 3: CONVENANTS AND RESTRICTIONS A. Conformance. The Redeveloper agrees to develop the Property subject to the terms, covenants, building and use restrictions, and conditions in the Plan. B. Non-Discrimination. The Redeveloper agrees for itself and its successors and assigns, and every successor in interest to the Property, or any part thereof, that the Redeveloper and such successors and assigns, shall not discriminate in violation of all applicable Federal, State or Local laws or regulations upon the basis of race, color, religion, sex, age or national origin in the sale, lease or rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. C. Exemption from Property Taxes. The Redeveloper covenants for itself, its successors and assigns, and for all successors entitled to the Property here conveyed by this Agreement (or any portion thereof) that it shall not apply for, seek, or authorize any exemption from the imposition or paying of real property taxes on said Property or Project without first obtaining the prior written approval of the City; provided, however, that nothing herein shall prevent the Redeveloper or its successor’s or assigns from challenging the amount of any assessment pursuant to law. D. Duration of Covenants. It is intended and agreed that the covenants provided in Sections 3A, 3B and 3C of this Agreement shall remain in effect without any time limitation, provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and in every part thereof, and each party in possession or occupancy, respectfully, only for such period as such successor or party shall have title to an interest in, or possession or occupancy of the Property. E. Guarantees. The Redeveloper agrees for itself, its successors and assigns and every successor in interest to the Property or any part thereof, that the Redeveloper and such assigns shall guarantee the redevelopment of the Property through the construction of the Project thereon, and that such construction shall, in any event, be begun and completed in the period of time specified in Section 5F herein. Page 6 of 28 F. Covenants Running with the Land. It is intended and agreed that the covenants referred to above shall be covenants running with the land and that they shall in any event be binding to the fullest extent permitted by law and equity, for the benefit and in favor of and enforceable by the City, its successors and assigns, and the City, the State of Illinois, and the United States of America with regard to Section 3B of this Agreement, and against the Redeveloper, its successors and assigns and every successor in interest to the Property or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. G. Binding for the Benefit of the City. It is also intended and agreed that the foregoing agreements and covenants running with the land shall in any event and without regard to technical classification or designation legal or otherwise itself be to the fullest extent permitted by law and equity binding for the benefit of the City and enforceable by the City and the State of Illinois and the United States as provided in Section 3F against the Redeveloper and its successors, assigns to or of the Property or any part thereof or any interest therein. SECTION 4: CITY’S OBLIGATION A. Duties. The City without expense to the Redeveloper, except as set forth herein, (or at such earlier time or times as the Redeveloper and the City may agree in writing), shall in accordance with the Plan, provide or secure or cause to be provided or secured, the following: B. Redevelopment Assistance. The City shall provide Redevelopment Assistance to the Redeveloper in an amount not to exceed $270,607.00. Payment to the Redeveloper will be according to the following schedule: A maximum of $67,667.50 will be available to the Redeveloper prior to December 31, 2021, a maximum of $67,667.50 will be available to the Redeveloper prior to December 31, 2022, maximum of $67,667.50 will be available to the Redeveloper prior to December 31, 2023 and maximum of $67,667.50 will be available to the Redeveloper prior to December 31, 2024 to reimburse the Redeveloper for completed property renovations as outlined in Exhibit “E”. This disbursement shall be provided after all required documentation has been provided and approved by the City. The Redevelopment Assistance will be provided to the Redeveloper for eligible expenses. Eligible expenses are defined in the Act as Redevelopment Project Costs, which means and includes the sum total of all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to a Redevelopment Plan and a Redevelopment Project. Such costs may include the Page 7 of 28 following: Professional service costs (costs of studies, surveys, development of plans, and specifications and cost of marketing sites); Property assembly costs (including but not limited to acquisition of land and other property, real or personal, demolition of buildings, site preparation, site improvements that act as engineered barriers and the clearing and grading of land); Improvements to private or public buildings (Costs of rehabilitation, reconstruction or repair or remodeling of existing public or private buildings, fixtures and leasehold improvements); Public Works (Costs of the construction of public works or improvements); and construction interest costs (during period of construction but not exceeding thirty-six (36) months, such payments in any one year shall not exceed 30% of annual interest costs incurred by the Redeveloper in that year). SECTION 5: REDEVELOPER OBLIGATION AND RIGHTS A. Guarantees. In consideration of the Redevelopment Assistance to be provided by the City, the Redeveloper guarantees the construction of the project. Specifically, the Redeveloper guarantees the TIF eligible activities shall be completed and the private funding required to complete the property renovations, as outlined in Exhibit “B” and described in Exhibit “D”, shall be completed at an estimated cost of up to $2,479,570.93. B. Submission of Construction Plans. Prior to the commencement of renovation, the Redeveloper shall submit to the City for its approval, which approval shall not be unreasonably withheld, the Construction Plans, when required by State or Local laws, which reflect the renovation and related improvements on the Redevelopment Site. C. Conformance to Construction Plans. All work with respect to the Project to be constructed, renovated or provided by the Redeveloper on the Property shall be in substantial conformity with the Construction Plans. D. Changes in Construction Plans. If the Redeveloper desires to make any substantial change which materially changes the exterior appearance, function or structural integrity of the Project, whether prior to or subsequent to the funding of the Redevelopment Assistance, the Redeveloper shall submit the proposed change to the City Planning & Public Works Department for approval. If the Construction Plans, as modified by the proposed change, meet all applicable legal requirements, and do not create a substantial change in the nature or aesthetics of the Project, the City Planning and Public Works Department shall approve the proposed change and notify the Redeveloper in writing of its approval. E. Construction Plans Process. Page 8 of 28 The Redeveloper shall utilize the City’s existing plan review and permitting process for the review, approval and modifications of Construction Plans. Said process shall be separate from this Agreement. F. Time Limitations. The construction and improvements referred to herein shall be substantially completed by December 31, 2021. G. Improvements, Commencement and Completion Requirements. 1. Commencements. The Redeveloper agrees for itself, its successors and assigns, that it shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Project thereon pursuant to the approved Construction Plans and in accordance with any approved changes. 2. Conformance to Federal, State and Local Requirements. The Redeveloper shall use its best efforts to see that all work with respect to the Project shall conform to all applicable Federal, State and local laws, regulations and ordinances including but not limited to construction codes, life safety codes, Illinois Accessibility Code, and development ordinance requirements. 3. Remedies. In addition to all the available remedies provided by this Agreement, the City shall have all available remedies pursuant to law and equity to remedy defects and recover damages in the event of any violation of sections 5(G)(1) and 5(G)(2) immediately preceding. 4. Lien Waivers. Prior to receiving the Redevelopment Assistance, the Redeveloper shall provide proof to the City that all contractors and subcontractors involved with the property renovations have been paid in full and no liens have been filed on the Property. H. Financing Authorization and Commitment. Prior to any disbursement of Redevelopment Assistance funds by the City, the Redeveloper shall submit to the City evidence that the Redeveloper has the appropriate authorization to proceed, and has sufficient funds available or financing in place to cover the costs associated with the private share of the project. I. Progress Reports. Until construction of the Project has been completed, the Redeveloper shall make progress reports to the City when milestone dates are achieved, or upon special requests of the City in such detail as may be reasonably requested by the City. Page 9 of 28 J. Termination of Duties. All duties, conditions, restrictions and obligations placed hereunder upon the Redeveloper and the Property shall terminate when the Redeveloper has completed the renovation project related to eligible Project costs as listed in Exhibit “E” or when the Tax Increment Financing District IV expires, whichever occurs sooner. SECTION 6: REPRESENTATIONS OF THE REDEVELOPER The Redeveloper represents, warrants and agrees as the basis for the undertakings on its part herein contained that: A. Organizational and Authorization. The Redeveloper is: Benedict Developers, LLC Carrie Benedict 875 Meyer Rd Knoxville, IL 61448 B. Use of Proceeds. All of the proceeds from the Redevelopment Assistance funds will be used by the Redeveloper for eligible Project expenses as listed in Exhibit “E”. C. Location of Project. The Project will be located on the Redevelopment Site. D. Estimated Costs. The Estimated Cost of the Project is set forth in Exhibit “B” attached hereto. E. Changes in Acquisition or Construction of Project. The Project consists and will consist of the properties described in Exhibit “A” attached hereto and no changes shall be made in the renovation of the Project which will have the effect of impairing the effective use or character of the Project as contemplated by this Agreement. F. Conformance with Requirement and Regulation. The Redeveloper has examined and is familiar with all the building regulations and development ordinances and land use regulations of the City, and the covenants, conditions and restrictions contained herein affecting the Property and the Project, and covenants that it shall use its best efforts to see that the Construction Plans and construction of the Project are in accordance with the Construction Plans and will in all respects conform to and comply therewith. SECTION 7: ADDITIONAL COVENANTS OF THE REDEVELOPER A. Indemnification Covenants. Until such time as an occupancy permit is issued for the Project, at which time the agreements and covenants of this Section 7A shall no longer be binding and enforceable, the Page 10 of 28 Redeveloper agrees for itself, its successors and assigns, to indemnify and save the City and its officers and employees harmless against claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing done on the Project while the Redevelopment Area remains in existence and against and from all claims arising from (i) any condition of the Project (ii) any breach or default on the part of the Redeveloper or its successors and assigns in the performance of any of its obligations under this Agreement (iii) any act of negligence of any assignee or lessee of the Redeveloper, or any agents, contractors, servants, employees or licensees (iv) any act of negligence of any assignee or lessee of the Redeveloper, or of any agents, contractors, servants, employees or licensees of any assignee or lessee of the Redeveloper, or (v) any performance by the City of any act required under this Agreement or requested by the Redeveloper or its successors and assigns other than negligent or willful misconduct of the City. The Redeveloper agrees to indemnify and save the City harmless from and against all costs and expenses incurred in or in connection with any such claim arising as foresaid or in connection with any action or proceeding brought thereon. In case any such claim is made or action brought based upon any such claim in respect of which indemnity may be sought against the Redeveloper, upon receipt of notice in writing from the City setting forth the particulars of such claim or action, the Redeveloper shall assume the defense thereof including the employment of counsel and the payment of all costs and expenses. The City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall be at the expense of the City unless the employment of such counsel has been specifically authorized by the Redeveloper. B. Insurance. The Redeveloper agrees to maintain all necessary insurance with respect to the Project in accordance with the requirements of this Agreement. C. Maintenance and Repair. The Redeveloper agrees that it will maintain and repair the Project in accordance with the requirements of this Agreement. SECTION 8: REDEVELOPMENT ASSISTANCE A. Redevelopment Assistance to Redeveloper. The City agrees, upon the terms and conditions of this Agreement, to provide Redevelopment Assistance to the Redeveloper for eligible Redevelopment Assistance expenses, as listed in Exhibit ‘E”. Said Redevelopment Assistance shall be in accordance with the guidelines set forth in Section 4.B. of this Agreement. Page 11 of 28 B. Permitted Expenditures. No funds may be disbursed from the City to Redeveloper unless they are for the purpose of paying eligible Redevelopment Project Costs which are permitted in the Act in Section 11-74.4-3 (q), as it may be amended from time to time as designated in Exhibit “E”. C. Disbursement From Redevelopment Assistance Fund. The City, pursuant to the terms and conditions of this Agreement shall provide Redevelopment Assistance from the City’s TIF IV Central/East Main Street Fund, to the extent of fund availability, to the Redeveloper for the eligible costs connected with the Project as set forth on Exhibit “E” attached hereto. Said disbursement shall be made at the completion of the project and after all required documentation has been provided to, and approved by, the City. D. Modification of Expenditures. The items set forth in Exhibit “E” to be funded from the Redevelopment Assistance Fund may be modified by increasing or decreasing the cost of a particular item by adding or deleting items from the list provided, contingent upon those items being eligible costs. However, the total amount to be funded shall not exceed $207,607 (Two Hundred Seven Thousand Six Hundred Seven Dollars and No Cents) and further, provided that any such modification shall conform to the requirements of subsection 8B and the requirements of this Agreement. The Redeveloper shall make a request for modification in writing to the City. If such modification conforms to the requirements of this Agreement, the City shall approve the proposed change and notify the Redeveloper in writing of its approval. E. Conditions Precedent to Disbursement. Prior to beginning the property renovations, unless waived by the City in writing, the Redeveloper will furnish to the City the following, all to be satisfactory in both form and substance to the City, which shall be conditions precedent to the City’s disbursement of funds from the Redevelopment Assistance Fund. Any item, the production of which has not been waived by the City, shall be furnished by the Redeveloper to the City as soon as reasonably available. 1. Evidence of funds available for completion of the Project. 2. Necessary and appropriate construction permits; 3. Satisfactory proof that policies of insurance of all types and coverages required under the term of this Agreement have been obtained and are in force; 4. Contracts and subcontracts covering the construction of the Project. 5. Labor, material, performance and payment bond or bonds issued by a Company acceptable to the City for any contractor, subcontractor or subcontractors, with the City named as dual obligee; Page 12 of 28 6. Upon completion of the Project, the Final Project Cost Analysis and documentation showing all actual Redevelopment Assistance costs of the Project; 7. Provide at the completion of the property renovations, proof that all contractors and subcontractors have been paid in full (lien waivers) and no liens have been filed on the Property and no outstanding claims for payment or bills for work performed exist on the Project or Property; F. Time for Payment of Requisitions. If the City shall so require, thirty (30) days shall intervene between the date of receiving the request of the Redevelopment Assistance payment and the date upon which the City shall be obligated to effect such payment, provided all conditions in this Agreement have been met to allow the release of payment by the City. SECTION 9: CONSTRUCTION OF THE IMPROVEMENTS A. Commencement and Completion. Redeveloper shall cause the renovations of the Project to be commenced and to be prosecuted with due diligence and in good faith, and without delay. Redeveloper shall cause the Project to be constructed in a good and workmanlike manner in accordance with the Construction Plans and in all respects in compliance with all applicable laws, rules, permits, requirements and regulations of any governmental agency or authorities having or exercising jurisdiction over the Property or the Project and will not cause, permit or allow any substantial deviation from the Construction Plans without prior written consent of the City. B. Contract Prohibitions. Unless otherwise previously agreed by the City in writing, all contracts let by Redeveloper or Redeveloper’s contractor in connection with construction of the Project shall contain a prohibition against any material change without the City’s prior written consent. SECTION 10: INSURANCE Prior to any disbursement from the Redevelopment Assistance Fund, Redeveloper or Redeveloper’s contractor shall procure and deliver to the City at Redeveloper’s or such contractor’s cost and expense, and shall maintain in full force and effect until each and every obligation contained herein has been fully paid, or performed, a policy or policies of comprehensive liability insurance and during any period of construction contractor’s liability insurance with liability coverage under the comprehensive liability insurance to be not less than $1,000,000 (One Million Dollars) each occurrence and $2,000,000 (Two Million Dollars) total. All such policies shall be in such form and issued by such companies as shall have been approved by the City to protect the City and Redeveloper against any liability incidental to the use of or resulting from any accident occurring in or about the Project. Each such policy shall contain an affirmative statement by the issuer Page 13 of 28 thereunder to give written notice to the City at least 30 (thirty) days prior to any cancellation or amendment of its policy. SECTION 11: RIGHTS OF INSPECTION The City or its designee shall have the right at any time to enter upon the Property for the purposes of inspection and if the City in its judgment, determines that any work and materials are not in substantial conformity with the Construction Plans, as the same were theretofore approved in writing by the City, or with any applicable laws, regulations, permits, requirements or rules of any governmental authority having or exercising jurisdiction thereover or not otherwise in conformity with sound building practices, the City shall have the right to stop the work and to order replacement or correction of any such work or materials regardless of whether or not such work or materials have theretofore been incorporated into the Project. Inspection by the City of the Property or the Project shall be for the sole purpose of protecting the security for the Redevelopment Assistance and shall not be construed as a representation by the City that there has been compliance with the Construction Plans or that the Project will be or are free of faulty materials or workmanship, or a waiver of any rights the City or any other party may have against Redeveloper or any other party for non-compliance with the Construction Plans. SECTION 12: PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER A. Representation as to Purpose. The Redeveloper represents and agrees that its redevelopment of the Redevelopment Site, and its other undertakings pursuant to this Agreement, are, and will be used, for the redevelopment of the Property only. B. Prohibition Against Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees for itself and its successors and assigns, that: 1. Prohibitions. Except only by way of security for a First Mortgage and only for the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Site, or any part thereof, to perform its obligations with respect to the Project under this Agreement, the Redeveloper has not made or created, and it will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, except for utility easements, without prior written approval by the City. Page 14 of 28 SECTION 13: EVENTS OF DEFAULT AND REMEDIES A. Events of Default. The following shall be Events of Default with respect to this Agreement: 1. If any material representation made by the Redeveloper in this Agreement, or in any certificate, notice, demand or request made by the Redeveloper, in writing and delivered to the City pursuant to or in connection with any of said documents shall prove to be untrue or incorrect in any material respect as of the date made; or 2. Default in the performance or breach of any covenant contained in this Agreement concerning the covenant of Redeveloper with regard to its existence and ownership of the Property; or 3. Default in the performance or breach of any other covenant, warranty or obligation of the Redeveloper in this Agreement and continuance of such default or breach for a period of 30 (thirty) days after Redeveloper has actual knowledge thereof; or 4. The entry of a decree or order for relief by a court having jurisdiction in the premises in respect of the Redeveloper in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Redeveloper for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the continuance of any such decree or order unstated and in effect for a period of 60 (sixty) consecutive days; or 5. The commencement by the Redeveloper of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by any such entity to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of the Redeveloper or of any substantial part of such entity’s property, or the making by any such entity of any assignment for the benefit of creditors or the failure of the Redeveloper generally to pay such entity’s debts as such debts become due or the taking of action by the Redeveloper in furtherance of any of the foregoing. Page 15 of 28 B. Remedies on Default. 1. Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement, or any of its terms or conditions, by either party hereto or any successors to such party, such party or successor, upon written notice from the other, shall take immediate action to cure or remedy such default or breach, and, in any event, within 60 (sixty) days after receipt of such notice. In case such action is not taken, or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. 2. In case the City shall have proceeded to enforce its rights under this Agreement and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the City, then and in every such case the Redeveloper and the City shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of the Redeveloper and the City shall continue as though no such proceedings had been taken. C. Agreement to Pay Attorney’s Fees and Expenses. In the event the Redeveloper should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper herein contained the Redeveloper agrees that it will on demand therefore pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. In the event the City should default under any of the provisions of this Agreement and the Redeveloper should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper herein contained the City agrees that it will, on demand therefore, pay to the Redeveloper the reasonable fees of such attorneys and such other expenses so incurred by the Redeveloper. Page 16 of 28 SECTION 14: OTHER RIGHTS AND REMEDIES OF CITY AND REDEVELOPER A. No Waiver By Delay. Any delay by the City or the Redeveloper in instituting or prosecuting any actions or proceedings or otherwise asserting its rights shall not serve to waive or to deprive it of or limit such rights in any way (it being the intent of this provision that the City or Redeveloper should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches or otherwise) to exercise such remedy at a time when it may still hope to otherwise resolve the problems created by default involved; nor shall any waiver in fact made by the City or Redeveloper with respect to any specific default by the Redeveloper or the City under this Section be considered or treated as a waiver of the rights of the City or the Redeveloper with respect to any other defaults by the Redeveloper, or the City under this Section or with respect to any defaults under any Section in this Agreement or with respect to the particular default, except to the extent specifically waived in writing by the City or the Redeveloper. B. Rights and Remedies Cumulative. The rights and remedies of the parties to this Agreement (or their successors in interest) whether provided by law or by this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the time or different time, of any such remedies for the same default or breach by the other party. No waiver made by either such party with respect to the performance, nor the manner of time thereof, or any obligation of the other party or any condition as to its own obligation under this Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. SECTION 15: DELAY IN PERFORMANCE For the purposes of any of the provisions of this Agreement except with regard to payment of real property taxes or guarantees as provided herein, neither the City, nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Project, or progress in respect thereto, in the event of enforced delay in the performance of such obligations due to unforeseeable cause beyond its control and without its fault or negligence, including, but not restricted to acts of God, acts of the public enemy, acts of federal, state or local government, acts of the other party, fires, floods, epidemics, quarantine Page 17 of 28 restrictions, strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City with respect to the preparation of the Property for Redevelopment or of the Redeveloper with respect to construction of the Project as the case may be, shall be extended for the period of the enforced delay. Provided, that the party seeking the benefit of the provisions of this Section, shall have first notified the other party thereof in writing, of the cause or causes thereof, and requested an extension of the period of enforced delay. Such extensions of schedule shall be agreed to in writing by the parties hereto. SECTION 16: EQUAL EMPLOYMENT OPPORTUNITY The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project provided for in this Agreement that the following will apply: A. Non-Discrimination. The Redeveloper will not discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. B. Advertising. The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin or state the Redeveloper is an Equal Opportunity Employer and will include a display of the EOE logo in said advertisement. C. Non-Compliance. In the event of the Redeveloper’s final determination of non-compliance with the non- discrimination clauses of this Section, this Agreement may be canceled, terminated, or suspended in whole or in part, upon written notification to the Redeveloper of a sixty (60) day cure period to remedy the non-compliance issue to the satisfaction of the City. Page 18 of 28 D. Mandatory Inclusion of Provisions. The Redeveloper will include the provisions of Paragraphs “A” through “C” of this Section in every contract or purchase order, and will require the inclusions of these provisions in every subcontract entered into by any of its contractors, unless exempted by rules, regulations, so that such provisions will be binding upon each such contractor, subcontractor, or vendor as the case may be. SECTION 17: TITLES OF ARTICLES AND SECTIONS Any titles of the several parts, Articles and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. SECTION 18: CONFLICT OF INTEREST No member, officer, or employee of the City or its designees or agents and no member of the governing body of the City during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, with respect to which this Agreement shall apply. SECTION 19: NOTICES All notices required and provided for in this Agreement shall be sent to the following parties on behalf of the City and the Redeveloper. To the City: City Manager City Hall 55 West Tompkins Street P.O. Box 1387 Galesburg, Illinois 61402-1387 with the copies to the City Attorney. To Redeveloper: Benedict Developers, LLC Carrie Benedict 875 Meyer Rd Knoxville, IL 61448 All notices shall run from the date received, and all notices shall be delivered by certified or registered mail. SECTION 20: COUNTERPARTS If the Agreement is executed in two or more counterparts, each shall constitute one and the same instrument and each shall be recognized as an original instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused their respective seals to be affixed and attested thereto as of the date first written above in this Agreement. Page 19 of 28 CITY: CITY OF GALESBURG, ILLINOIS A Municipal Corporation By: ______________________________ Peter Schwartzman, Mayor Attest: ______________________________ Kelli R. Bennewitz, City Clerk REDEVELOPER: Benedict Developers, LLC By: ______________________________ Carrie Benedict Title: _Manager______________________ Attest: ______________________________ Page 20 of 28 EXHIBIT “A” REDEVELOPMENT SITE LEGAL DESCRIPTION The West 123 feet of the South 3 rods of Lot 8; the West 123 feet of Lots 9 and 10; all in Block 29 in the City of Galesburg, Knox County, Illinois, as per Plat recorded in Volume 83 of Deeds, page 363. COMMONLY KNOWN AS: 185 South Kellogg Street, Galesburg, IL 61401 PROPERTY IDENTIFICATION NUMBER: 99-15-232-025 Page 21 of 28 EXHIBIT “B” ESTIMATED COSTS OF PROJECT 185 S Kellogg Street Description Estimated Cost Architectural/Engineering $65,375.00 Demo $200,000.00 Premier concrete coatings (floor) $65,729.00 North patio $85,656.00 Concrete materials $31,038.80 Concrete labor $35,700.00 Roofing $187,042.00 Solar System $152,532.00 HVAC $204,000.00 Electrical $167,000.00 Plumbing-reroute storm underground $87,000.00 Plumbing of above ground $38,400.00 Fire Protection $55,000.00 Awnings $70,000.00 c-channels at openings $123,000.00 Windows, storefront $190,888.00 Skylight $14,931.20 Buildout interior $88,500.00 Signage $33,812.48 Parking lot $57,700.00 Parking lot lights $29,070.00 Grease interceptor $18,500.00 Brick repair "exterior" $109,800.00 Brick repair "interior" $207,000.00 Truss repair (west side) $4,700.83 Truss repair (east side) $21,405.00 Garage doors $19,230.00 Sound system $56,674.10 Security $30,975.52 Utilities/porta potties $5,000.00 Ramp $23,911.00 Total project cost estimate $2,479,570.93 Page 22 of 28 EXHIBIT “C” Tax Increment Redevelopment Project Area IV (Redevelopment Area) LEGAL DESCRIPTION Commencing at the apparent point of intersection of the West right-of-way of South Cedar Street and the South right-of-way line of West South Street; thence Northerly along said West right-of-way line of South Cedar Street to the point of intersection with the North right-of-way line of West Tompkins Street; thence Easterly along the North right-of-way line of West Tompkins Street to the West right-of-way line of South Broad Street; thence Northerly along the West right-of-way line of South Broad Street to the South right-of-way line of West Simmons Street; thence Westerly along the South right-of-way line of West Simmons Street to the point of intersection with the West right-of-way line of South Cedar Street; thence Northerly along said South Cedar Street right-of-way line to the point of intersection with the North line of Lot 12 in Block 23 of the Original Town of Galesburg; thence Westerly along the North line of Lots 7 through 12 in Block 23 of the Original Town of Galesburg to the point of intersection with the East right-of-way line of South West Street; thence Southerly along said right-of-way line to the point of intersection with the South right-of-way line of West Simmons Street; thence Westerly along said right-of-way line to the point of intersection with the West right-of-way line of South Academy Street; thence Northerly along said right-of-way to the point of intersection with the North right-of-way line of West Main Street; thence Northerly along said Academy Street right-of-way to the point of intersection with the South line of Block 21 of the original Town of Galesburg extended; thence Easterly along said extended South Line of Block 21 to the point of intersection with the West right-of-way line of North West Street; thence Northerly along said-right-of-way line to the South line of Lot 14 of Block 21 of the Original Town of Galesburg; thence Westerly along the South line of Lot 14 and Lots 3 through 6 of Block 21 of the Original Town of Galesburg extended to the point of intersection with the West right-of-way line of North Academy Street; thence Northerly along said right-of-way line to the point of intersection with the Northerly right-of-way line of the BNSF Railway; thence Southwesterly along said right-of-way line to the point of intersection with the extended West right-of-way line of Cedar Avenue; thence Northerly along said right-way to the point of intersection with the South line of Lot 5 of Fanita F. Welsh's Subdivision extended to the West; thence Easterly along said extended South line to Southeast corner of said Lot; thence Northerly along the East line of said Lot 5 to the point of intersection with the extended north right-of-way line of West Water Street; thence Easterly along the extended North right-of-way line of West Water Street to the Southwest corner of Lot 12 of a Subdivision of Original Lots 5, 6, 7 and 8 of block 7 of Original Plat of Galesburg as recorded in a Revenue Plat of 1904; thence Northerly along the West line of said Lot 12 to the Southeast corner of Lot 13 of a Subdivision of Original Lots 5, 6, 7 and 8 of block 7 of Original Plat of Galesburg as recorded in a Revenue Plat of 1904; thence Easterly along the South line of said Lot 13 3 rods; thence Northerly 3 rods to a point on the North line of said Lot 12 3 rods east of East line of said Lot 13; thence Easterly along the North line of Lots 12 and 11 of a Subdivision of Original Lots 5, 6, 7 and 8 of block 7 of Original Plat of Galesburg to the point of intersection with the West right-of-way line of North West Street; thence Northerly along the extended West right-of-way line of North West Street to the point of intersection with the North right-of-way line of West North Street; thence Easterly along the North right-of-way line of North Street to the point of intersection with the South line of the Sanitary District Channel; thence Northeasterly along said line of the Sanitary Channel to the West right-of-way line of North Seminary Street; thence Northeasterly to the Southwest corner of Block 1 of Peck & Woods Addition to the Town of Galesburg; thence Easterly along the South line of Block 1 of Peck & Woods Addition to the point of intersection with the South line of the Galesburg Sanitary District Channel; thence Easterly along said Channel extended to the point of intersection with the East right-of-way line of North Chambers Street; thence Southerly along said right-of-way to the Southwest corner of Lot 12 of the Subdivision of Lots Page 23 of 28 1 and 11 through 18 of J. S. Chamber's Subdivision of Lots 1, 3, 4 and 5 of Block 1 of Matthew Chamber's Addition to the City of Galesburg; thence Easterly along the South line of said Lot 12 to the Southeast corner of Lot 12; thence Northerly along the East line of said Lot 12 to the Northeast corner of said Lot 12; thence Easterly along the South line of Lot 2 of Block 1 of Matthew Chamber's Addition to Galesburg to the Southeast corner of said Lot 2; thence Southerly along the West line of Lot 21 of Payne's Addition to Galesburg to the Southwest corner of said Lot 21; thence Easterly along the South line of said Lot 21 extended to the point of intersection with the East right-of-way line of Sumner Street; thence Northerly along said right-of-way line to the Southwest corner of Lot 29 of the Subdivision of 1898 of Original Lots 1 through 4 of Payne's Addition to the City of Galesburg; thence Easterly along the south line of said Lot 29 to the Southeast corner of Lot 29; thence Northerly along East line of Lot 29 to the Southwest corner of Lot 7 of the Subdivision of Lots 7, 8, 9, 10 and 19 of Green & McCoy's Addition; thence Easterly along the South line of said Lot 7 extended to the point of intersection with the West right-of-way line of the BNSF Railway; thence Northeasterly along said right-of-way to the point of intersection with the extended South line of Lot 40 of a Subdivision of Lots 14 & 18 of 10 Acre Lot 4 and Lot 21 of 10 Acre Lot 5 of Arnold's Subdivision of 10 Acre Lot 5 and Lot 7 of 10 Acre Lot 4 of Original Plat of Galesburg; thence Easterly along said extended South line to the point of intersection with the East line of Arnold's Subdivision of 10 Acre Lot 5; thence Northerly along said East line to the Southwest corner of Lot 22 of Arnold's Subdivision of 10 Acre Lot 5; thence Easterly along said South line to the point of intersection with the West right-of-way line of Lincoln Street; thence Southerly along the West right-of-way line of Lincoln Street to the Southeast corner of Lot 29 of Arnold's Subdivision of 10 Acre Lot 5; thence Easterly along the extended South line of Lot 5 of Arnold's Subdivsion of 10 Acre Lot 5 to the Southeast corner of said Lot 5; thence Southerly along the West line of Lot 13 of Burgland and Johnson's Subdivision to the Southwest corner of said lot 13; thence Easterly along the South line of said Lot 13 extended to the point of intersection with the East right-of-way line of Fulton Street; thence Southerly along said right-of-way to the point of intersection with the North right-of-way line of East Main Street; thence Easterly along said right-of-way line to the Southeast corner of Lot 34 of Scripp's Subdivision; thence Northerly along the East line of said Lot 34 of said Subdivision to the Northwest corner of Lot 33 of said Subdivision; thence Easterly along the North line of said Lot 33 of said Subdivision to the Southeast corner of Lot 35 of said Subdivision; thence Northerly along the East line of said Lot 35 of said Subdivision to the Northeast corner of Lot 35 of said Subdivision; thence Easterly along the extended South line of Lot 29 of Scripp's Subdivision to the West right-of-way line of North Whitesboro Street; thence Northerly along said right-of-way line to the point of intersection with the extended North line of the Subdivision of Lots 3, 4 and 5 Block 1 of Campbell's Addition; thence Easterly along said extended North line to the West line of Summit Addition; thence Northerly 1 rod along the West line of Summit Addition to the northwest corner of Lot 1 of Summit Addition; thence Easterly along the North line of said Lot 1 to the Northeast corner of said Lot 1; thence Southerly 1 rod to the Northwest corner of Lot 2 of Summit Addition; thence Easterly along the North line of said Lot 2 to the Northwest corner of Lot 9 of Summit Addition; thence Southerly along the West line of said Lot 9 to the Southwest corner of Lot 9; thence Easterly along the South line of Lot 9 extended to the Northwest corner of Lot 19 of the Resubdivision of Original Lots 1, 2 & 3 of Block 2 of Summit Addition as recorded in a Revenue Plat of 1904; thence Easterly along the North line of said Lot 19 to the Northeast corner of Lot 19; thence Southerly to the Southwest corner of Lot 7 of the Resubdivision of Block 2 of the Summit Addition; thence Easterly along the South line of said Lot 7 extended to the point of intersection with the East right-of-way line of Arnold Street; thence Easterly along the extended South line of Lot 7 of M. J. Kitchell's Subdivision to the West right-of-wayline of North Farnham Street; thence Northerly along said right-of-way to the point of intersection with the extended North line of Lot 7 of Block 1 of Olof Hawkinson's Addition; thence Easterly along the extended North line of Lots 7 and 8 in Blocks 1, 2 and 3 and Lot 4 in Block 4 of Olof Hawkinson's Addition to the point of intersection with the East line of Olof Hawkinson's Addition; thence Easterly along the extended North line of Lot 4 in Block 4 and Lot 27 in Block 3 of the Washington Addition to the Northeast corner of said Lot 27; thence Southerly along the East lines Page 24 of 28 of lots 27 and 28 of Block 3 of the Washington Addition to the Southeast corner of Lot 28; thence Westerly along the South line of said Lot 28 extended to the point of intersection with the West right-of-way line of Chestnut Street; thence Southerly along said right-of-way line to the point of intersection with the North right-of-way line of East Main Street; thence Westerly along said North right-of-way of East Main Street to the point of intersection with the extended East line of lot 4 in Block 5 of the Factory Addition; thence Southerly along the extended East line of Lots 4 and 9 of Block 5 of Factory Addition to the point of intersection with the south right-of-way line of Washington Street; thence Westerly along said South right-of-way line to the point of intersection with the West right-of-way line of Illinois Avenue; thence Northerly along said West right-of-way line to the Southeast corner of Lot 7 in Block 1 of N. T. Allen's Subdivision; thence Westerly along the extended South line of Lots 6 and 7 in Blocks 1 and 2 of N. T. Allen's Subdivision to the point of intersection with the West right-of-way line of South Farnham Street; thence Northerly along said right-of-way line to the Southeast corner of Lot 1 in block 1 of the Resubdivision of Blocks 1, 2, 3 and 4 of the Hayner's Addition; thence Westerly along the extended South line of Lots 1 through 9 in Block 1 and Lots 1 through 6 of Block 2 to the Southwest corner of Lot 6 in Block 2 of said Resubdivision of Hayner's Addition; thence Northerly 55 feet along the West line of Lot 6 in Block 2 of the Resubdivision of Blocks 1, 2, 3 and 4 of Hayner's Addition; thence Westerly to the East line of said Lot 7 to a point 55 feet North of the South line of Lot 7; thence Southerly 5 feet along the West line of said Lot 7 to a point 50 feet North of the South line of said Lot 7; thence Westerly to a point on the East right-of-way line of Locust Street 50 feet North of the Southwest corner of Lot 9 in block 2 of said Resubdivision of Hayner's Addition; thence Southerly along said right-of-way line to the Southwest corner of said Lot 9; thence Westerly along the extended South Lines of Lots 1-5 in Block 1 of Frost's Addition and Lot 23 of the Revenue Plat of 1904 of a Subdivision of Original Lots 1, 2, 3, 5, 6, 7, 8, 9 & 12 of Block 2 of Frost's Addition to the Southwest corner of said Lot 23; thence Northerly along the West line of said Lot 23 to the point of intersection with the South right-of-way line of East Main Street; thence Westerly along said South right-of-way line to the point of intersection with the West line of Lot 27 of said Revenue Plat of 1904; thence Southerly along said West line of Lot 27 to the point of intersection with the south line of said lot; thence Easterly along the South line of said Lot 27 to the Northernmost corner of Lot 14 of Block 2 of Frost's Addition; thence Southwesterly along the Northwest line of said Lot 14 extended to the point of intersection with the South right-of-way line of Grand Avenue; thence Northwesterly along said right-of-way to the Northernmost corner of Lot 4 in Block 3 of Frost's Addition; thence Southwesterly along the Northwest line of said Lot 4 to the Westernmost corner of said Lot 4; thence Southeasterly along the Southwest line of said Lot 4 to the point of intersection with the North line of Lot 13 in block 3 of Frost's Addition; thence Westerly along the North line of Lots 13 and 14 in block 3 of Frost's Addition to the East right-of-way line of Pine Street; thence Southerly along said right-of-way to the point of intersection with the extended centerline of the vacated alley in the Subdivision of the South Half of Original 5 Acre Lot 6; thence Westerly along the said extended centerline of the vacated alley to the point of intersection with the West line of Lot 1 in the Subdivision of the South Half of Original 5 Acre Lot 6; thence Northerly along the West line of Lots 1 and 10 in said Subdivision to the Northeast corner of Lot 6 in the Resubdivision of Original 5 Acre Lots 5 and 6 of the Original Plat of Galesburg; thence Westerly along the North line of Lots 2 through 6 of said Resubdivision to the northwest corner of Lot 2; thence Northerly along the West line of said Resubdivision to a point 18 feet North of the South line of Lot 4 in block 4 of Sheldon Allen's Subdivision of Original 5 Acre Lots 3 and 4; thence Westerly along a line 18 feet north of the South line of said Lot 4 to the point of intersection with the East right-of-way line of Allens Avenue; thence Southerly along said right-of-way line to the point of intersection with the South right-of-way line of Mulberry Street; thence Westerly along said South right-of-way line to the point of intersection with the East right-of-way line of Cottage Avenue; thence Southerly along said right-of-way line to the point of intersection with the South right-of-way line of East South Street; thence Westerly along the South right-of-way line of East South Street to the point of intersection with the West right-of-way line of South Kellogg Street; thence Northerly along said West right-of-way to a point 116.1 feet South of the South right- Page 25 of 28 of-way line of E Simmons Street; thence Westerly 65 to the point of intersection with the extended East line of C. L. Brown's Subdivision; thence northerly along said extended East line to the Southeast corner of Lot 3 in C. L. Brown's Subdivision; thence Westerly along the South line of C. L. Brown's Subdivision to the Southwest corner of said Subdivision; thence Westerly along the South line of the Custer-Cox Resubdivision to the Southwest corner of said Resubdivision; thence Westerly along the South line of Lots 2 and 3 in the Subdivision of Block 30 of the Orignal Plat of Galesburg extended to the point of intersection with the West right-of-way line of South Prairie Street; thence Northerly along said right-of-way to the point of intersection with the South right-of-way line of East Simmons Street; thence Westerly along said right-of-way to the Northeast corner of Lot 3 of Block 31 in the Original Plat of Galesburg; thence Southerly along the East line of Lot 3 extended to the Northwest corner of Lot 17 of the Resubdivision of the North 1/3 of Original Lots 9 and 10, the South 12 Feet of Original Lots 1 and 2 and the South 3 Feet of Original Lot 3 in Block 31 of the Original Town; thence 10 feet West perpendicular to the West line of said Lot 17; thence 26.5 feet South to a point on the South line of Lot 20 of said Resubdivision; thence Westerly along the South line of Lot 20 to the Northwest corner of Lot 10 in said Resubdivision; thence Southerly along the West line of Lots 10 and 11 of said Resubdivision to the point of intersection with the North right-of-way line of E Tompkins Street; thence Westerly 15 feet along said North right-of-way line; thence North 95 feet perpendicular to the North right-of-way of East Tompkins Street; thence West 60 feet; thence North 28.75 feet; thence West 123 feet to the East right-of-way line of South Cherry Street; thence Southerly along the East right-of-way line of South Cherry Street to the point of intersection with the South right-of-way line of East South Street; thence Westerly along said South right-of-way to the point of beginning; excluding Tax Increment Financing District 1, more particularly described as a tract of land commencing at the point of intersection of the North right-of-way line of East Main Street and the West right-of-way line of North Kellogg Street which is the point of beginning; thence Easterly along the North right-of-way line of East Main Street to the point of intersection with the East right-of-way line of South Chambers Street; thence Southerly along said Chambers Street right-of-way to the point of intersection with the South right-of-way line of Mulberry Street; thence Westerly along said Mulberry Street right-of-way to the point of intersection with the West right-of-way line of South Seminary Street; thence Northerly along said right-of-way line to the South right-of-way line of East Simmons Street; thence Westerly along said Simmons Street right-of-way to the point of intersection with the West right-of-way line of South Kellogg Street; thence Northerly along said right-of-way line to the point of beginning; also excluding Lots 3 through 10, 27 and 29 through 31 of the Subdivision of Block 17 of the City of Galesburg; being a tract of land containing 287 acres, more or less. Page 26 of 28 EXHIBIT “D” PROJECT DESCRIPTION 185 S Kellogg Street Benedict Developers will renovate this approximately 19,040 sf building downtown building. The project will include interior brick restoration, new windows, skylights and doors, new framing, all new mechanical, electrical and plumbing. Once complete, the project will offer a new taproom with approximately 30 taps, a brew house area and a venue space that would be for events such as weddings, concerts, game tournaments or other community events. The expected completion date of the entire façade project is Fall 2021. The Tax Increment Financing funding will be utilized to assist with redevelopment expenses. A benefit to the public is that this project is taking a vacant downtown building that will be completely renovated into a place of assembly for food and/or drink consumption and recreation in the downtown area. Page 27 of 28 EXHIBIT “E” REDEVELOPER ASSISTANCE COSTS TAX INCREMENT FINANCING DEVELOPER ELIGIBLE PROJECT COSTS 185 S Kellogg Street Developer: Benedict Developers Date: Project: Renovation project Address: 185 S Kellogg Street Galesburg, IL 61401 Description Estimated TIF Eligible Costs Architectural/Engineering $65,375.00 Premier concrete coatings (floor) $65,729.00 Roofing $187,042.00 Solar System $152,532.00 HVAC $204,000.00 Electrical $167,000.00 Plumbing-reroute storm underground $87,000.00 Plumbing of above ground $38,400.00 Fire Protection $55,000.00 Awnings $70,000.00 c-channels at openings $123,000.00 Windows, storefront $190,888.00 Skylight $14,931.20 Buildout interior $88,500.00 Brick repair "interior" $207,000.00 Sound system $56,674.10 Security $30,975.52 Total estimated TIF eligible $1,804,046.82 Page 28 of 28 Benedict Developers, LLC Request for Reimbursement for Costs Incurred 185 S Kellogg Street Date of Request: Request #: Detailed list of redevelopment activities which have been completed since last request for reimbursement. Description of Activity Paid To Costs Incurred TOTAL COSTS INCURRED: $ Attached are invoices which support the costs identified for the above-listed activities. I certify that the costs identified above have been incurred for this project. (typed name) City authorization for payment: ___________________________ Date Authorized: ___________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER MAY 17, 2021 AGENDA ITEM: Collective Bargaining Agreement Between PSEO and City of Galesburg SUMMARY RECOMMENDATION: The City Manager, Chief of Police and City Attorney / Administrative Services Director recommend the City Council approve the collective bargaining agreement between the City of Galesburg and the Public Safety Employees’ Organization (PSEO) BACKGROUND: The current agreement with the union representing police patrol officers expired on December 31, 2020. The parties have been negotiating a successor agreement since the fall of 2020 and recently participated in two mediation sessions. The last mediation session resulted in an agreement which is scheduled for a ratification vote by the bargaining unit. The agreement is for a three year contract expiring December 31, 2023. It includes an annual cost of living increase of 2.5% along with a small increase in standby pay. In exchange, the parties also agreed to share pro-rate increases to annual healthcare premiums above 4.0%. BUDGET IMPACT: Sufficient funding is included in the FY 2021 budget. SUPPORTING DOCUMENTS: 1.Redline CBA 2.CBA 21-4055 2021-2023 CITY OF GALESBURG Illinois, USA and Public Safety Employees’ Organization Agreement between Contents PREAMBLE .................................................................................................................................................... 1 ARTICLE I – RECOGNITION .................................................................................................................... 1 SECTION 1.1 PSEO RECOGNIZED ......................................................................................................... 1 SECTION 1.2 NEGOTIATIONS ................................................................................................................ 1 ARTICLE II – PSEO RIGHTS ..................................................................................................................... 1 SECTION 2.1 DUES DEDUCTIONS ........................................................................................................ 1 SECTION 2.2 PSEO INDEMNIFICATION .............................................................................................. 2 SECTION 2.3 PSEO ACCESS ................................................................................................................... 2 SECTION 2.4 FAIR SHARE DEDUCTION ............................................................................................. 2 ARTICLE III – MANAGEMENT RIGHTS ................................................................................................ 4 SECTION 3.1 ENUMERATED RIGHTS .................................................................................................. 4 SECTION 3.2 DETERMINATION OF AUTHORITY ............................................................................. 4 SECTION 3.3 AUTHORITY FOR APPOINTMENTS ............................................................................. 4 ARTICLE IV – NON-DISCRIMINATION ................................................................................................. 4 SECTION 4.1 EMPLOYMENT POLICY .................................................................................................. 4 SECTION 4.2 AGE REQUIREMENT ....................................................................................................... 5 SECTION 4.3 EMPLOYEE DISCRIMINATION ...................................................................................... 5 SECTION 4.4 RESPONSIBILITY OF PSEO ............................................................................................ 5 SECTION 4.5 HIRING PRACTICE ........................................................................................................... 5 SECTION 4.6 GENDER ............................................................................................................................. 5 ARTICLE V – GRIEVANCE PROCEDURE .............................................................................................. 5 SECTION 5.1 DEFINITION ...................................................................................................................... 5 SECTION 5.2 TIME LIMIT ....................................................................................................................... 5 SECTION 5.3 SCOPE ................................................................................................................................. 5 SECTION 5.4 PROCEDURE ..................................................................................................................... 6 SECTION 5.5 ARBITRATION ................................................................................................................... 6 SECTION 5.6 TIME EXTENSION ............................................................................................................ 7 ARTICLE VI – NO STRIKE AND NO LOCKOUT ................................................................................... 7 SECTION 6.1 NO STRIKE ........................................................................................................................ 7 SECTION 6.2 NO LOCKOUT ................................................................................................................... 8 SECTION 6.3 PSEO RESPONSIBILITY .................................................................................................. 8 SECTION 6.4 PENALTY ........................................................................................................................... 8 SECTION 6.5 MANAGEMENT RESPONSIBILITY ............................................................................... 8 ARTICLE VII – HOURS OF WORK AND OVERTIME .......................................................................... 8 SECTION 7.1 NO GUARANTEE .............................................................................................................. 8 SECTION 7.2 NORMAL WORKWEEK/WORKDAY ............................................................................. 8 SECTION 7.3 OVERTIME......................................................................................................................... 9 SECTION 7.4 CALLBACK PAY............................................................................................................... 9 SECTION 7.5 STANDBY PAY ................................................................................................................. 9 SECTION 7.5A ON CALL PAY .............................................................................................................. 10 SECTION 7.5B CALL-IN/HOLDOVER .................................................................................................. 10 SECTION 7.6 ESSENTIAL OVERTIME ................................................................................................ 10 SECTION 7.7 REST PERIODS ................................................................................................................ 10 SECTION 7.8 MEAL PERIODS .............................................................................................................. 10 SECTION 7.9 TIME-TRADING .............................................................................................................. 10 SECTION 7.10 COURT TIME PAY ........................................................................................................ 11 SECTION 7.11 NO DUPLICATION ....................................................................................................... 11 ARTICLE VIII – SAFETY .......................................................................................................................... 11 SECTION 8.1 COMPLIANCE WITH LAWS ......................................................................................... 11 SECTION 8.2 OFFICER SAFETY........................................................................................................... 11 SECTION 8.3 EQUIPMENT MAINTENANCE ...................................................................................... 11 SECTION 8.4 LABOR-MANAGEMENT MEETINGS .......................................................................... 11 ARTICLE IX – SENIORITY ...................................................................................................................... 12 SECTION 9.1 DEFINITION .................................................................................................................... 12 SECTION 9.2 APPLICATION OF SENIORITY ..................................................................................... 12 SECTION 9.3 TERMINATION OF SENIORITY ................................................................................... 12 SECTION 9.4 PROBATIONARY PERIOD – NEW EMPLOYEES ..................................................... 12 SECTION 9.5 SENIORITY ROSTER ...................................................................................................... 12 SECTION 9.6 SAME DAY HIRES .......................................................................................................... 13 SECTION 9.7 LAYOFF AND RECALL ................................................................................................. 13 SECTION 9.8 RESIGNATIONS .............................................................................................................. 13 ARTICLE X – FILLING OF VACANCIES .............................................................................................. 13 SECTION 10.1 PERMANENT VACANCY ............................................................................................ 13 SECTION 10.2 METHOD OF FILLING VACANCIES ......................................................................... 14 ARTICLE XI – EMPLOYEE DISCIPLINE .............................................................................................. 14 SECTION 11.1 DISCIPLINARY ACTIONS ........................................................................................... 14 SECTION 11.2 CORRECTIVE DISCIPLINE ......................................................................................... 14 SECTION 11.3 DISCIPLINARY MEETING .......................................................................................... 14 ARTICLE XII – PERSONNEL FILES ...................................................................................................... 14 SECTION 12.1 MAINTENANCE ............................................................................................................ 14 SECTION 12.2 INSPECTION .................................................................................................................. 15 SECTION 12.3 NOTIFICATION ............................................................................................................. 15 SECTION 12.4 REBUTTALS .................................................................................................................. 15 ARTICLE XIII – EVALUATIONS ............................................................................................................ 15 ARTICLE XIV – PERSONAL DAYS ........................................................................................................ 15 ARTICLE XV – VACATIONS ................................................................................................................... 16 SECTION 15.1 VACATION ACCUMULATION ................................................................................... 16 SECTION 15.2 ELIGIBILITY REQUIREMENTS .................................................................................. 16 SECTION 15.3 VACATION SCHEDULING .......................................................................................... 16 SECTION 15.4 MAXIMUM ACCRUAL ................................................................................................ 17 SECTION 15.5 SEPARATION ................................................................................................................. 17 SECTION 15.6 RETIREMENT, RESIGNATION ................................................................................... 17 ARTICLE XVI – LEAVES .......................................................................................................................... 17 SECTION 16.1 GENERAL LEAVE OF ABSENCE ............................................................................... 17 SECTION 16.2 MILITARY LEAVE ....................................................................................................... 17 SECTION 16.3 JURY DUTY LEAVE ..................................................................................................... 17 SECTION 16.4 SICK LEAVE .................................................................................................................. 18 SECTION 16.5 WORKERS COMPENSATION ..................................................................................... 19 SECTION 16.6 DISABILITY LEAVE .................................................................................................... 19 SECTION 16.7 LEAVE OPTIONS .......................................................................................................... 20 SECTION 16.8 BENEFITS WHILE ON LEAVE .................................................................................... 20 SECTION 16.9 FORFEITURE OF BENEFITS ....................................................................................... 20 ARTICLE XVII – WAGES ......................................................................................................................... 21 SECTION 17.1 GENERAL....................................................................................................................... 21 SECTION 17.2 STEPS AND RANGES ................................................................................................... 21 SECTION 17.3 LONGEVITY .................................................................................................................. 21 SECTION 17.4 CANINE OFFICER.......................................................................................................... 21 SECTION 17.5 SEVERANCE PAY......................................................................................................... 22 SECTION 17.6 PAYROLL DEDUCTIONS AND DIRECT DEPOSIT ................................................. 22 SECTION 17.7 UNIFORM CLEANING ................................................................................................. 22 SECTION 17.8 ACTING PAY ................................................................................................................. 22 SECTION 17.9 FTO PAY ......................................................................................................................... 22 ARTICLE XVIII – GROUP BENEFITS .................................................................................................... 22 SECTION 18.1 GROUP MEDICAL COVERAGE .................................................................................. 22 SECTION 18.2 PERMANENT FULL-TIME EMPLOYEES AND DEPENDENTS ............................. 23 SECTION 18.3 HEALTH SAVINGS ACCOUNTS (HSA) .................................................................... 24 SECTION 18.4 EMPLOYEES ON NON-DUTY RELATED INJURY DISABILITY LEAVE ............ 24 SECTION 18.4A EMPLOYEES ON DUTY RELATED INJURY/DISABILITY .................................. 24 SECTION 18.5 RETIRED EMPLOYEES AND DEPENDENTS ........................................................... 24 SECTION 18.6 OPT-OUT RIGHT ........................................................................................................... 24 SECTION 18.7 PSEO AND MANAGEMENT LIABILITY ................................................................... 25 SECTION 18.8 RIGHT OF CONSULTATION ....................................................................................... 25 SECTION 18.9 HEALTH BENEFITS ADVISORY COMMITTEE ....................................................... 25 SECTION 18.10 LIFE INSURANCE ....................................................................................................... 25 SECTION 18.11 GROUP DENTAL PLAN ............................................................................................. 26 ARTICLE XIX - RETIREE HEALTH SAVINGS PLAN ........................................................................ 26 SECTION 19.1 ESTABLISHMENT ......................................................................................................... 26 SECTION 19.2 REGULAR CONTRIBUTIONS...................................................................................... 26 ARTICLE XX – PENSIONS ....................................................................................................................... 26 ARTICLE XXI – RESIDENCY .................................................................................................................. 27 ARTICLE XXII – MISCELLANEOUS PROVISIONS............................................................................ 27 SECTION 22.1 DRIVER’S LICENSE .................................................................................................... 27 SECTION 22.2 MOTORCYCLE LICENSES .......................................................................................... 27 SECTION 22.3A SERVICE OF NOTICES ............................................................................................. 27 SECTION 22.3B EMPLOYEE NOTICE TO EMPLOYER ..................................................................... 27 SECTION 22.3C PSEO NOTICE TO EMPLOYER ................................................................................. 28 SECTION 22.4 DEPARTMENTAL RULES ........................................................................................... 28 SECTION 22.5 OUTSIDE EMPLOYMENT ........................................................................................... 28 SECTION 22.6 PERSONAL USE OF CITY PROPERTY ...................................................................... 28 SECTION 22.7 PHYSICALS ................................................................................................................... 28 SECTION 22.8 DRUG AND ALCOHOL POLICY ................................................................................ 29 SECTION 22.9 POLITICAL ACTIVITY ................................................................................................ 29 SECTION 22.10 PERSONNEL RULES .................................................................................................. 29 SECTION 22.11 TELEPHONE ................................................................................................................ 29 ARTICLE XXIII – SAVINGS CLAUSE .................................................................................................... 29 ARTICLE XXIV – ENTIRE AGREEMENT............................................................................................. 29 ARTICLE XXV – AMENDMENTS ........................................................................................................... 30 ARTICLE XXVI – TERMINATION ......................................................................................................... 30 APPENDIX A – AUTHORIZATION FOR PSEO DUES ......................................................................... 31 APPENDIX B – DRUG AND ALCOHOL POLICY ................................................................................. 32 APPENDIX C – SALARY SCHEDULE..................................................................................................... 35 APPENDIX D – HEALTH INSURANCE CONTRIBUTION RATES ................................................... 36 1 AGREEMENT THIS AGREEMENT is entered into this ___ day of FebruaryMay, 202118, by and between the City of Galesburg, Illinois (the “CITY”) and the Public Safety Employees’ Organization (the “PSEO”). PREAMBLE WHEREAS, the City has voluntarily endorsed the practices and procedures of collective bargaining as a fair and orderly way of conducting its relations with certain of its full-time employees insofar as such practices and procedures do not interfere with the City’s right and obligation to operate effectively in order to best serve the City and its residents and to make clear all basic terms upon which such relationship depends; and WHEREAS, it is the intent and purpose of the parties to set forth herein their entire agreement covering rates of pay, wages, hours of employment and other conditions of employment, and to provide the procedure for the prompt and peaceful settlement of grievances respecting the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties do mutually promise and agree as follows: ARTICLE I – RECOGNITION SECTION 1.1 PSEO RECOGNIZED The City voluntarily recognizes the PSEO as the exclusive bargaining agent for the purpose of establishing the wages, hours and terms and conditions of employment for all non-exempt full- time permanent employees in the classification of Police Officer, but excluding supervisory, confidential, probationary and exempt employees and all elected officials or officers of the City. SECTION 1.2 NEGOTIATIONS Each party shall be permitted to have five (5) individuals sit on the negotiating committee provided that not more than one patrol officer and one investigator per shift shall be relieved from duty unless previously approved by the Chief of Police, and such leave shall not interfere with any emergency services. ARTICLE II – PSEO RIGHTS SECTION 2.1 DUES DEDUCTIONS While this Agreement is in effect, the City will deduct twice per month one-half (1/2) the regular monthly PSEO dues for each employee in the bargaining unit for whom there is on file with the City a voluntary effective checkoff authorization as per Appendix A attached. The amounts so 2 deducted shall be forwarded upon each deduction to the appropriate officer of PSEO. The PSEO may change the fixed uniform dollar amount which shall be considered the regular PSEO dues once each year during the life of this Agreement. The PSEO will give the City thirty (30) days’ notice in writing of any such change in the amount of uniform dues to be deducted. The PSEO authorization is revocable by an employee submitting a notice in writing to the City Manager’s Office with a copy to the PSEO. SECTION 2.2 PSEO INDEMNIFICATION The PSEO shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability and for all legal costs that shall rise out of or by reason of action taken or not taken by the City in complying with the provisions of this article. Each party agrees to refund to the other any amounts paid in error on account of this dues deduction provision within ten (10) days of notification. SECTION 2.3 PSEO ACCESS One PSEO representative may have access to the premises of the City during a labor dispute in order to help resolve a problem. In order to receive access, the representative must first advise the appropriate supervisor. SECTION 2.4 FAIR SHARE DEDUCTION Employees are not required to join the PSEO as a condition of employment. In the event that an eligible employee does not join the PSEO, or elects to withdraw from membership during the term of this Agreement, a “fair share” deduction shall be made from his paycheck by the Employer. This fair share amount to be deducted shall be certified by the PSEO to the Employer and shall represent a pro rata share of the costs of collective bargaining, contract administration and grievance adjustment during the life of this agreement. This amount shall not include any monies spent in the form of political contributions and shall in no event exceed 100% of the normal PSEO monthly dues so long as the PSEO remains locally-controlled only. Employees who object to such deductions on the basis of bona fide religious beliefs or teachings of a church or religious body of which that employee is a member shall be afforded the opportunity to designate that such amount deducted shall be paid to a non-religious charity mutually-agreed on by the employee and the PSEO. This fair share deduction shall only be made from the paycheck of any bargaining unit employee during those periods of time throughout the term of this Agreement that the PSEO maintains membership of at least seventy-five percent (75%) of the eligible bargaining unit members eligible to join. In the event that the dues-paying membership of the PSEO is less than seventy- five percent (75%) of the bargaining unit members eligible for membership, no such deduction shall be made unless and until the seventy-five percent (75%) requirement is met. The amount withheld shall be remitted to the PSEO within seven (7) days of its being deducted from the employees’ paychecks. The amount deducted shall remain the same until the Employer receives written notice from the PSEO that a different fair share amount should be deducted. 3 The PSEO agrees to notify all employees in the bargaining unit of the existence of the fair share provisions of this Agreement. Such notice shall consist of a posting on the PSEO bulletin boards or documented letter to each covered employee setting forth the following information: 1. Copies of the specific provisions of this Agreement relating to fair share deductions. 2. A statement of the duration of the Agreement. 3. A statement of the amount of fair share deduction to be made. Such notice shall be regularly updated in the event of any change in the amount. 4. The name, address and telephone number of the PSEO official responsible for administering the fair share deduction program. 5. A description of the dispute resolution procedure set forth below including the manner in which objections shall be made. In the event that an employee objects to the fair share deduction made from his paycheck, he shall be afforded the opportunity to complain to the PSEO and the Employer. Such complaint shall be delivered to the PSEO and the Employer and shall state the nature of the objections and the reasons the employee believes the fair share deduction to be improper. Such complaints shall be limited to deductions made within the calendar year the complaint is filed. Once such a complaint has been received by the Employer or the PSEO, each party warrants to immediately notify the other of the existence of the objection and provide a photocopy thereof at the earliest possible date. The employer shall continue to deduct the certified fair share amount from the paycheck of an objecting employee but shall not remit any such sum to the PSEO for any period after the date of the filing of the complaint. All sums deducted thereafter shall be placed in an escrow account independently managed and held pending the resolution of the complaint. Any interest earned as a result of such escrow shall go to the PSEO if the issue is resolved in favor of the PSEO, and all interest earned shall go to the employee if the issue is resolved in favor of the employee. The responsibility for resolving such disputes is vested in the Illinois Public Employee Labor Relations Board or a similarly-constituted state agency. The cost of any such dispute resolution shall be borne by the PSEO. The PSEO agrees to fully cooperate in the investigation of any such complaint including providing the Employer and the objecting party with certified copies of the relevant records of the PSEO concerning fair share deductions. Such material shall be likewise provided to the ISLRB charged with resolving the dispute. Objecting employees and the PSEO shall be afforded notice and the opportunity to be heard at any hearing concerning such complaints. Each party may be represented by counsel of their choosing or elect to proceed without counsel. The PSEO agrees to indemnify the Employer from all proper actions taken by the Employer in making such fair share deductions. The PSEO shall hold the City harmless against any and all costs and damages resulting from the Employer’s proper implementation and administration of the fair share agreement. 4 ARTICLE III – MANAGEMENT RIGHTS SECTION 3.1 ENUMERATED RIGHTS Except as specifically limited by the express provisions of this Agreement, the City possesses the sole right and authority to operate and direct the employees of the City and its various departments in all aspects, including but not limited to, the right to determine its mission, policies and to set forth all standards of service offered to the public; to plan, direct, control and determine the operations or services to be conducted by employees of the City; to determine the methods, means and number of personnel needed to carry out the department’s mission; to direct the working forces; to establish the qualification for employment, to hire, assign or transfer employees within the department for other related functions; to promote, suspend, discipline or discharge, to lay off or relieve employees due to lack of work, funds or for other legitimate reasons; to make, publish, alter and enforce department rules and regulations; to introduce new or improved methods, equipment or facilities; to contract out for goods and services; to schedule and assign work; to establish work and productivity standards; to assign overtime; and to take any and all actions as may be necessary to carry out the mission of the City and its departments in situations of civil emergency as may be declared by the Mayor, the City Manager or Acting City Manager provided that no right enumerated in this Agreement shall be exercised or enforced in a manner contrary to or inconsistent with the provisions of this Agreement. SECTION 3.2 DETERMINATION OF AUTHORITY If, at the sole discretion of the Mayor or his designee, it is determined that extreme civil emergency conditions exist, the provisions of this Agreement may be suspended by the City Manager during the time of the declared emergency. Should an emergency arise, the City Manager shall advise the local President of the PSEO, or the next highest officer of the PSEO, the nature of the emergency. SECTION 3.3 AUTHORITY FOR APPOINTMENTS Both the City and the PSEO recognize and accept the authority of the Board of Fire and Police Commissioners as specified at 65 ILCS 5/10-2.1-1, et seq., with respect to the conduct of examinations, original appointment, promotions or conduct of hearings on charges, of applicants for and/or commissioned police officers of the City of Galesburg, Illinois. ARTICLE IV – NON-DISCRIMINATION SECTION 4.1 EMPLOYMENT POLICY Neither the City nor the PSEO shall discriminate against any employee covered by this Agreement in a manner which would violate any applicable federal or state laws because of race, creed, color, national origin, disability, age, sex, veteran’s status, genetic information, or sexual orientation. 5 SECTION 4.2 AGE REQUIREMENT All employees shall be retired at an age outlined in the Illinois State Statutes. SECTION 4.3 EMPLOYEE DISCRIMINATION Neither the City nor the PSEO shall interfere with the right of employees covered by this Agreement to become, or not become, members of the PSEO and there shall be no discrimination against any such employees because of lawful PSEO membership or non- membership activity or status. SECTION 4.4 RESPONSIBILITY OF PSEO The PSEO recognizes its responsibility as bargaining agent. SECTION 4.5 HIRING PRACTICE Only one person from a family shall be initially or subsequently employed as a permanent employee by the City in the same department or division so that they would be working in close proximity on a regular day-to-day basis. For this purpose, a member of a family is defined as a parent, sibling, spouse, and child. The word “spouse” shall include civil partners. SECTION 4.6 GENDER Wherever the male gender is used in this Agreement, it shall be construed to include equally both male and female employees. ARTICLE V – GRIEVANCE PROCEDURE SECTION 5.1 DEFINITION A grievance shall be defined as a dispute arising between the parties during the term of this Agreement concerning a violation, or alleged violation, application or interpretation of this Agreement. SECTION 5.2 TIME LIMIT A grievance must be filed within ten (10) calendar days of its occurrence. All grievances arising out of a safety dispute must be filed within ten (10) calendar days from the Labor-Management Meeting when the dispute was presented, pursuant to Article VIII herein. SECTION 5.3 SCOPE Should any employee, or the union, desire to present a grievance, such grievance shall commence at Step One. Any non-PSEO member may initiate and handle his own grievance without the assistance and/or involvement of the PSEO. 6 SECTION 5.4 PROCEDURE Step One. An employee or the PSEO having a grievance shall meet with the immediate supervisor directly involved. The supervisor shall give an oral answer within ten (10) calendar days after such presentation. Step Two. If the grievance is not settled in Step One and the employee and/or PSEO wish to advance the grievance to Step Two, it shall be referred in writing to the immediate supervisor directly involved within ten (10) calendar days after the supervisor’s oral answer to Step One and shall be signed by the PSEO representative and the aggrieved employee when applicable. The written grievance shall contain a complete statement of the fact, the provision or provisions of this Agreement which the City is alleged to have violated, misapplied and/or misinterpreted and the relief requested. Within ten (10) calendar days of the receipt of the written grievance, the City shall schedule a meeting with the aggrieved officers, when applicable, the Shift Commander(s), if applicable, the Captain of Field Operations and the PSEO Representative, when applicable. If no settlement is reached, the Captain of Field Operations shall provide a written answer within ten (10) calendar days following the meeting. Step Three. If the grievance is not settled in Step Two and the officer and/or the PSEO wish to appeal the grievance to Step Three, it shall be referred in writing to the Chief of Police within ten (10) calendar days after the Captain’s answer in Step Two and shall be signed by the PSEO representative and the aggrieved Officer, when applicable. Within ten (10) calendar days of receipt, the Police Chief shall schedule a meeting with the Captain and/or Shift Commander, the officer, and the PSEO representative, when applicable. If no settlement is reached, the Police Chief shall give the City’s written decision to the PSEO or the aggrieved officer, when applicable, within ten (10) calendar days following their meeting. Step Four. If the grievance is not settled in Step Three and the Officer and/or the PSEO wishes to appeal the grievance to Step Four, it shall be referred in writing to the City Manager within ten (10) calendar days from the Chief’s decision in Step Three, and shall be signed by the aggrieved officer and the PSEO representative, when applicable. The City Manager shall schedule a meeting within ten (10) calendar days with the aggrieved officer, if applicable, the Police Chief, the Captain and/or Shift Commander, the Personnel Officer and the PSEO representative and/or attorney, when applicable. The City Manager shall render his decision in writing within ten (10) calendar days following the meeting. If the matter is not resolved, then the grievance shall be eligible for consideration at the next step. SECTION 5.5 ARBITRATION A. Filing. If the grievance is not settled in accordance with the foregoing procedure, a non- PSEO member or the PSEO may refer the grievance to binding arbitration by forwarding to the City Manager a written notice of intention to proceed to arbitration within ten (10) calendar days after the receipt of the Step Four response. Upon receipt of such notice, the parties shall jointly request the State Labor Relations Board or a similar body to submit a panel of five (5) arbitrators with the appropriate background and experience. Either party may reject one (1) entire panel. Upon receipt of the list of five (5) nominees, the party requesting arbitration shall strike the first name, the other party the second and thereafter the parties shall proceed to alternately strike one 7 name at a time from the list until only one name remains. The nominee whose name remains shall be the arbitrator who shall resolve the grievance. The arbitrator shall be notified of his selection by a joint letter from the parties requesting that he set a time and a place subject to the reasonable availability of the parties. All arbitration hearings shall be held in the City of Galesburg, Illinois, unless the parties mutually agree otherwise. B. Arbitrator’s Authority. The arbitrator shall act in a judicial not legislative capacity and shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. He shall only consider and make a decision with respect to the specific issue submitted and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall be without power to make a decision contrary to or inconsistent with or modifying or varying in any way the appl ication of laws and rules having the force and effect of law. The arbitrator shall submit his written decision within thirty (30) calendar days of the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to a written extension thereof. The decision shall be based solely upon his interpretation of the meaning and/or application of the express terms of this Agreement to the facts of the grievance presented. A decision rendered consistent with the terms of this Agreement shall be final and binding. C. Arbitrator’s Decision. The decision of the arbitrator may be enforced at the insistence of either party or of the arbitrator in the Circuit Court of Knox County, Illinois. If, in the event the arbitrator violates Section 5.5B, either party may file for judicial review in the Circuit Court of Knox County, Illinois. D. Arbitration Costs. The fee and expenses for the arbitrator’s services shall be borne equally by the parties involved in the arbitration. Each party shall be responsible for compensating its own representatives and witnesses and purchasing its own copy of the written transcript; however, the cost of the arbitrator’s copy shall be borne equally by the parties. E. Compensation. One PSEO representative shall be allowed time off from duty with pay to investigate and process grievances. Such time shall not exceed one hour per step except in the case of extenuating circumstances. SECTION 5.6 TIME EXTENSION Extensions of time will be permissible when one of the parties cannot reasonably attend a scheduled meeting. ARTICLE VI – NO STRIKE AND NO LOCKOUT SECTION 6.1 NO STRIKE During the term of this Agreement, neither the PSEO nor its agents or any employee, for any reason will authorize, institute, aid, condone or engage in a work stoppage, strike or any other intentional interference with the work or statutory functions or obligations of the City. 8 SECTION 6.2 NO LOCKOUT During the term of this Agreement, neither the City nor its agents for any reason shall authorize, institute, aid or promote any lockout of employees covered by this Agreement. SECTION 6.3 PSEO RESPONSIBILITY In the event of a violation of Section 6.1 of this Agreement, the PSEO agrees to notify all local officers and representatives of their obligation and responsibility for maintaining compliance with this Agreement, including their responsibility to remain at work during any interruption which may be caused or initiated by others and to encourage employees violating Section 6.1 to return to work. SECTION 6.4 PENALTY The City may file charges with the Board of Fire and Police Commissioners to discharge and/or discipline any employee who violates Sections 6.1 or 6.3, and the PSEO will not resort to the grievance procedure on such employee’s behalf. SECTION 6.5 MANAGEMENT RESPONSIBILITY Nothing contained herein shall preclude the parties from obtaining judicial restraint and damages in the event of a violation of this Article. ARTICLE VII – HOURS OF WORK AND OVERTIME SECTION 7.1 NO GUARANTEE This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week or of days of work per week. SECTION 7.2 NORMAL WORKWEEK/WORKDAY Except as provided elsewhere in this Agreement, the normal workweek shall consist of forty (40) hours per departmental calendar week and such additional time as may, from time to time, be required. The normal departmental workweek shall consist of five (5) eight-hour (8-hour) workdays in a seven-day (7-day) period. The FLSA work period is currently fourteen (14) days but is subject to change as per the FLSA guidelines. The Departmental patrol shift schedule is as follows: First shift 0700-1500, second shift 1500-2300, third shift 2300-0700 with officers assigned to report one hour early for the early or “early car” shift at 0600 first shift, 1400 second shift and 2200 third shift. 9 Should the City decide to change the Departmental patrol shift schedule set forth above, the City will notify the union at least sixty (60) days in advance of the proposed change and will give it the opportunity, upon request, to bargain about the changes and reasons for them with the City before such changes are implemented. Any impasse in bargaining under this Section shall be resolved in accordance with Section 14 of the Illinois Public Labor Relations Act. This notification and bargaining obligation shall apply only to changes in the Departmental patrol shift schedule, and shall not apply to changes in the shift schedules of individual officers, which are covered by Section 7.3 below. Notwithstanding the notification and bargaining obligation set forth above, the City retains the right to determine the number of officers assigned to each of the shifts, including the early car shifts. SECTION 7.3 OVERTIME Time and one-half the regular rate of pay will be paid for all authorized time worked as verified by the employee’s supervisor in excess of forty (40) hours in any one departmental calendar week, or in excess of eight (8) hours in any one day when such time is required to be worked by the City. The City shall compute overtime compensation on base pay, longevity pay and schooling pay. Employees shall have the option to receive pay or bank compensatory hours for all overtime earned within the same pay period. With regard to overtime, each officer shall: (1) Be allowed to accumulate a bank up to one hundred sixty (160) hours of compensatory time. (2) Be allowed to carry over into the next fiscal year one hundred sixty (160) hours maximum. Payment up to eighty (80) hours may be requested by the employee as of the first pay period in November of each year of this Agreement. All hours in excess of one hundred sixty (160) hours shall be paid in the pay period in which the excess hours were earned. (3) Be scheduled time off, as directed, for any hours in lieu of overtime if maximum compensatory hours are accumulated. (4) Be allowed to use compensatory hours as per approval of the department or division head or his authorized representative. All hours used shall be in even hourly increments only. SECTION 7.4 CALLBACK PAY An employee called back to duty outside his normal duty schedule, and not immediately preceding or following his regular duty schedule, shall be guaranteed a minimum of two (2) hours work at the overtime rate of pay. SECTION 7.5 STANDBY PAY Any officer, including a detective scheduled for standby, who is required by assignment or directive of the Chief or his designee to remain, while otherwise not actively on duty, within a specific geographic area for a specified period of time, who is required to respond to a call to report for duty, and who is required to be “fit for duty” pending such a call shall be paid twenty thirty dollars ($320.00) for each twenty-four hour (24-hour) day that he is assigned to standby under this 10 provision. The City reserves the right to schedule detectives and other officers for standby and to make changes in the standby schedule. The compensation for standby shall be paid with the wages for the pay period in which the standby pay was earned. SECTION 7.5A ON CALL PAY The City will administer “on call” pay as per the provisions of the Fair Labor Standards Act. SECTION 7.5B CALL-IN/HOLDOVER An employee required to report early or remain past their normal duty schedule shall be credited for their actual hours worked at the appropriate rate of pay. Such a call-in/holdover shall not constitute a call-back and is not subject to the two (2) hour call-back provision outlined in Section 7.4. SECTION 7.6 ESSENTIAL OVERTIME All officers are required to report to or remain on duty as instructed by the Galesburg Police Department. SECTION 7.7 REST PERIODS All employees shall receive a fifteen-minute (15-minute) rest period subject to department working conditions during each four-hour (4-hour) period. The rest period shall be granted by the officer’s supervisor as he deems appropriate. During work beyond the normal eight-hour (8- hour) day, officers shall receive their breaks in the same intervals as described above. SECTION 7.8 MEAL PERIODS All patrol officers and detectives shall be granted a paid twenty-minute (20-minute) meal period during each eight-hour (8-hour) work shift. Whenever possible, this meal period shall be scheduled at the middle of each shift except where such scheduling would be disruptive. SECTION 7.9 TIME-TRADING All patrol officers covered by this Agreement may trade with other patrol officers subject to the following conditions: a. The trading of time is done voluntarily by the officers and not at the request of the employer. b. The trade is not made for reasons related to the employer’s business operations but is due to the officer’s desire or need to attend to a personal matter. c. All trading is subject to the approval of the Chief of Police or his designee. d. Time trading shall be limited to sixteen (16) hours per month in increments no less than four (4) hours. No officer shall work more than twelve (12) hours straight for the purposes of time trading. 11 SECTION 7.10 COURT TIME PAY An officer required to appear in court in the performance of his official duties, outside his normal duty schedule shall, be compensated in accordance with Sections 7.4 and 7.5B. If the meeting or court appearance exceeds two (2) hours, the officer shall receive overtime compensation (time and one half) for the actual time spent by the officer in excess of that two hour minimum. SECTION 7.11 NO DUPLICATION There shall be no duplication in the computation of overtime, including call back pay. Nothing in this Agreement shall be construed to require the payment of overtime or other pay more than once for the same hours worked. ARTICLE VIII – SAFETY SECTION 8.1 COMPLIANCE WITH LAWS The City agrees to comply with all known State and Federal laws applicable to its operations concerning the safety of its employees covered by this Agreement. All such officers shall comply with all safety rules and regulations established by the City. SECTION 8.2 OFFICER SAFETY The Galesburg Police Department agrees with the concept of officer safety and in that regard will agree to make every reasonable effort to contribute to the safety of all officers through appropriate training/education in support of normal police operations. SECTION 8.3 EQUIPMENT MAINTENANCE The Galesburg Police Department agrees that all equipment under the control of the Galesburg Police Department, including vehicles, shall be maintained so as to comply with known safety requirements as specified by state law for the protection of officers. The PSEO agrees that all officers must use their assigned equipment in a responsible manner which includes, but is not necessarily limited to, the proper use and operation of all equipment and the prompt, written reporting of any observed maintenance problem or needed repair to the officer’s immediate supervisor who shall have the responsibility to determine what action, if any, should be taken. SECTION 8.4 LABOR-MANAGEMENT MEETINGS Representatives of the PSEO, not to exceed three (3) in number, and the City shall meet at mutually-agreed-upon times to discuss matters of mutual concern. Each party shall prepare and submit an agenda to the other party one (1) week prior to the scheduled meeting. It is to be clearly understood that these are in fact meetings and not “negotiations”. If a written agenda cannot be developed, then no meeting will be held. Disputes concerning Article VIII must go 12 through the Labor-Management meeting prior to any grievance proceeding. ARTICLE IX – SENIORITY SECTION 9.1 DEFINITION Seniority shall, for the purposes of this Agreement, be defined by an employee’s length of continuous departmental service since the date of hire with the department in a position covered by this Agreement. SECTION 9.2 APPLICATION OF SENIORITY In the application of seniority for layoffs and recalls, the City will abide by the provisions of the Illinois State Statutes for employees covered by this Agreement. Promotions shall be governed by applicable Board of Fire and Police Commissioners Rules. Seniority with respect to vacation leaves shall be as contained in Article XV. Upon the initial posting/pick of vacations only when time off scheduling and seniority are in conflict, seniority shall prevail insofar as possible and upon approval of the Chief of Police or his authorized representative. SECTION 9.3 TERMINATION OF SENIORITY Seniority and the employment relationship may, at the City’s discretion, be terminated when an employee (a) quits, (b) retires or is retired, (c) is laid off for a period in excess of applicable Illinois Statute, or (d) is discharged. The parties agree the following reasons, among others, constitute a cause to file for discharge when an employee (1) is absent for three (3) consecutive workdays without notifying the Chief of Police or Shift Supervisor, (2) is laid off and fails to notify the Board of Fire and Police Commissioners of his intention to return within three (3) City business days, exclusive of holidays, after receiving notice of recall or fails to return at the designated time, or (3) does not report to work within forty-eight (48) hours after the termination of an authorized leave of absence. The Chief of Police shall advise the Board of Fire and Police Commissioners in writing of all such personnel transactions. SECTION 9.4 PROBATIONARY PERIOD – NEW EMPLOYEES All new officers shall be considered probationary employees until one year after they begin the Department’s field training program. complete a probationary period of one (1) year. The probationary period is to be used to test further the ability of the employee to perform the required duties of the position successfully. If the employee fails to maintain adequate performance evaluations during this period or otherwise displays any trait or conduct which would not be in the best interests of law enforcement, he may be dismissed. SECTION 9.5 SENIORITY ROSTER The City shall maintain a seniority roster noting the date of hire and current classification of each bargaining unit employee. The PSEO shall be provided with a copy of the seniority roster once per year. Any objection to the seniority roster as provided by the City Manager’s Office shall be 13 reported in writing to the City Manager’s Office within fifteen (15) workdays of the date of deliverance of the seniority roster. SECTION 9.6 SAME DAY HIRES Seniority shall be computed from the date of appointment. In the event of a layoff, if more than one person is hired on the same day, then that person occupying the higher position on the respective appointment list shall have greater seniority. SECTION 9.7 LAYOFF AND RECALL The City, at its discretion, shall determine whether layoffs are necessary. Layoffs shall ordinarily be for a lack of work and/or lack of funds. If it is determined that layoffs are necessary, employees will be laid off in the following order: (a) probationary employees in their original probationary period and (b) in the event of further reduction in force, employees covered by this Agreement will be laid off in the inverse order of their departmental seniority as governed by Illinois State Statutes. Employees who are laid off shall be placed on a recall list as specified in the Illinois State Statutes. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff. Employees who are eligible for recall shall be given two (2) weeks’ notice of recall unless an extension is granted in writing by the Chief of Police. Notice of recall shall be sent to the employee by certified or registered mail with a copy to the PSEO. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the mailing address provided by the employee – it being the obligation and responsibility of the employee to provide the Chief of Police with his latest mailing address. SECTION 9.8 RESIGNATIONS In order to resign in good standing, a probationary or permanent employee shall give at least two (2) weeks’ notice in writing of his intention to resign. No employee may take time off during the last two (2) weeks of his employment unless approved prior to the notice of intention to resign. The City Manager is given the discretion of waiving the provisions of this notice should unforeseen circumstances warrant. ARTICLE X – FILLING OF VACANCIES SECTION 10.1 PERMANENT VACANCY For the purposes of this Article, a permanent vacancy is created when the City Manager, upon notification by the Chief of Police, determines to increase the work force and to fill a new position or when any of the following personnel transactions take place in the bargaining unit and the City Manager, upon request of the Chief of Police, determines to replace the previous incumbent: resignations, terminations, promotions or demotions. 14 SECTION 10.2 METHOD OF FILLING VACANCIES All vacancies covered by this Agreement will be filled as per the current practice of the Board of Fire and Police Commissioners. ARTICLE XI – EMPLOYEE DISCIPLINE SECTION 11.1 DISCIPLINARY ACTIONS The Chief of Police may discipline or file charges to discharge any police officer. Disciplinary actions and personnel actions shall be in accordance with applicable laws including those pertaining to the Board of Fire and Police Commissioners or as otherwise set forth in this Agreement. SECTION 11.2 CORRECTIVE DISCIPLINE The City agrees with the tenets of progressive and corrective discipline where appropriate. Once the measure of discipline is determined and imposed, the City shall not increase it for the particular act of misconduct unless new facts or circumstances become known. SECTION 11.3 DISCIPLINARY MEETING If an alleged violation falls within the scope of the Board of Fire and Police Commissioners’ jurisdiction, all disciplinary meetings shall be conducted as per the current “Uniform Peace Officers’ Disciplinary Act” of the State of Illinois. The parties agree that such proceedings and decisions thereof shall not be subject to the grievance procedure. If the alleged v iolation is outside the Board of Fire and Police Commissioners’ jurisdiction, such disputes shall be subject to the grievance procedure. All such decisions rendered by either the City or the Board of Fire and Police Commissioners shall be mutually exclusive. ARTICLE XII – PERSONNEL FILES SECTION 12.1 MAINTENANCE The commander of the Galesburg Police Department’s Staff and Services Division shall keep a departmental personnel file for each officer currently appointed to the department. The City Manager’s Office shall also retain a “Central File” for each officer currently appointed to the department. Supervisors may also retain a working file for officers currently assigned to their command. This file will contain job-related information which would be beneficial to the supervisory personnel when completing an officer’s performance evaluation. Upon request of the officer, any written warning retained in the central file may be removed after a four-year (4-year) period providing that there has been no recurrence of the conduct which led to that written warning. As of the effective date of this Agreement, the material maintained in the central file shall be the only material which may be used as the basis of disciplinary action directed toward any officer. 15 All files referenced above shall be considered and treated as confidential. SECTION 12.2 INSPECTION Upon appropriate written request to the City Manager’s Office or the commander of the Galesburg Police Department’s Staff and Services Division, an employee may inspect either or both of his personnel files (the departmental file and the central file) within seven (7) working days subject to the following: inspection shall occur during normal working hours and at a time and in a manner mutually acceptable to the employee and the City. Employees shall be limited to two (2) such requests per year. SECTION 12.3 NOTIFICATION Employees shall be notified when a formal written warning is placed in their personnel file and shall be given a copy of such warning. SECTION 12.4 REBUTTALS An officer may file a written rebuttal concerning any non-confidential material in his personnel file. ARTICLE XIII – EVALUATIONS All officers shall be entitled to and provided with a periodic evaluation of their job performance. The Chief of Police shall ensure that the evaluations, by the forms utilized and the methods used by the immediate supervisor, remain equitable for all officers so evaluated. The Officer Performance Evaluations shall be completed annually for each officer on or near that officer’s anniversary date with the Galesburg Police Department The evaluation shall be discussed with the officer and each officer shall be given a copy immediately after completion of the evaluation and shall sign the evaluation as recognition of having read it. An officer may submit a written rebuttal to said evaluation. ARTICLE XIV – PERSONAL DAYS Each officer shall receive credit for fourthree (43) paid days off each fiscal year for personal reasons. A personal day must be scheduled with or approved by the officer’s immediate supervisor a minimum of one (1) working day before it is used. If an officer arrives on duty and manpower permits, he may take that day as his personal day without prior scheduling; and, in any event, each personal day is subject to scheduling availability. If at the end of the fiscal year an officer has unused personal days to his credit because one or more requests for use of a personal day has been denied in writing by supervision, then he shall be paid for any such credited but unused personal days within thirty (30) days of the close of that fiscal year. Personal day hours are 16 earned and shall be posted January 1st of each fiscal year. ARTICLE XV – VACATIONS SECTION 15.1 VACATION ACCUMULATION Officers covered by this Agreement shall accrue paid vacation leave up to the maximum accumulation specified herein as of their respective anniversary date. Bi-weekly accrual rates shall be determined by dividing all vacation hours including vacation in lieu of holiday by twenty-six (26). The accumulation (sections a, b, c, and d) includes the extra day’s vacation in lieu of holidays as stated in Section 15.3 a. Zero (0) years through the sixth (6th) year (72 months) of continuous employment, the accrual shall equal one-hundred sixty (160) hours per year, or 6.1538 hours bi-weekly. b. Beginning the seventh (7th) year, (73 months) and through the thirteenth (13th) year (156 months) of continuous employment, the accrual shall equal two hundred (200) hours per year or 7.6923 hours bi-weekly. c. Beginning the fourteenth (14th) year (157 months) and through the twenty-first (21st) year (252 months) of continuous employment, the accrual shall equal two-hundred forty (240) hours per year or 9.2307 hours bi-weekly. d. Beginning the twenty-second (22nd) year (253 months) of continuous employment, the accrual shall equal two-hundred eighty (280) hours per year, or 10.7692 hours bi-weekly. Vacation shall be taken the year following its accrual except as provided herein or upon written permission of the Chief of Police. SECTION 15.2 ELIGIBILITY REQUIREMENTS In order to be eligible for a full vacation under Section 15.1, an officer must have full-time status and have been employed by the City for one (1) year. Employees may not be granted vacation leave if it will result in a negative balance on the books unless approved by the Chief of Police. SECTION 15.3 VACATION SCHEDULING Vacation shall be scheduled at times most desired by each officer provided, however, the final right to designate the vacation period is exclusively reserved to the City. One week of annual vacation may be taken in single day multiples. Each officer affected by the vacation time in lieu of holiday provision may take his vacation leave with pay consecutively subject to scheduling availability. Each officer affected by the above provision will receive an extra ten (10) days of vacation in lieu of one (1) paid day off annually for his birthday and for nine (9) paid holidays annually (New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day). 17 SECTION 15.4 MAXIMUM ACCRUAL Vacation may be accumulated up to a maximum of 280 hours as of January 1 of the calendar year. During January of each calendar year, the City will perform an administrative review of each officer’s accumulated vacation. If that review determines that any officer’s accumulated vacation exceeds 280 hours, that accumulated vacation total shall be reduced to 280 hours. Each officer is expected to monitor his accumulated vacation and to request such vacation time as may be needed to reduce his accumulated vacation total to 280 hours prior to January 1. Officers may also sell back forty hours of vacation time per fiscal year at the officer’s then current rate of pay and have the monies deposited into their ICMA deferred compensation account. This option of vacation time sell back shall only be available to officers who have at least 140 hours of currently accrued accumulated vacation. SECTION 15.5 SEPARATION Upon termination, each covered employee shall be paid all accumulated hours of earned vacation as determined by the official City records maintained by the Finance Department. Any fractional day of vacation leave accrual existing at termination of an employee shall be rounded to the next full hour. SECTION 15.6 RETIREMENT, RESIGNATION Upon retirement or resignation with 20 years or more of service, each covered employee may be paid up to a maximum of two hundred eighty (280) hours of earned vacation as determined by the official City records. ARTICLE XVI – LEAVES SECTION 16.1 GENERAL LEAVE OF ABSENCE Bargaining unit employees shall submit requests for paid or unpaid leave of absence in writing to the Chief of Police for review by the City Manager. The City Manager may grant the request for such leave of absence for good and sufficient reason and shall, at his discretion, set the terms and conditions of the leave, including whether or not the leave is to be paid. The Chief of Police may recommend vacation, injury/workers compensation and/or sick leave with pay. SECTION 16.2 MILITARY LEAVE Military leave shall be granted in accordance with applicable law. SECTION 16.3 JURY DUTY LEAVE Any officer may be granted a leave of absence with pay if called for jury duty. Since it is not the intention of the City that an officer receive more compensation for jury duty than he would if he were performing his normal duties, an amount equal to the jury duty may be deduced from his City pay. The officer may request in writing that the Finance Department not deduct jury pay 18 and then turn in the jury check to the City when received. SECTION 16.4 SICK LEAVE In the event an officer is unable to work by reason of illness, off duty injury or pregnancy, the City may grant paid sick leave to officers with accumulated sick leave available. a. Sick Leave Accumulation: Permanent employees covered by this Agreement may accumulate sick leave at the rate of eight (8) working hours per month to a maximum of 1700 working hours. b. Eligibility: In order to be eligible for paid sick leave, each officer covered by this Agreement agrees to: (1) Report promptly and daily to the Chief of Police or shift supervisor the reason for his absence unless extended by a physician in writing for specific time of absence prior to returning to work. (2) Use sick leave only for personal sickness, injury or exposure to a contagious disease except for point 3 below and to bear the burden of proof of such sickness if required by the City. (3) May also use sick leave with pay for absences necessitated by illness, injury, death or exposure to contagious disease by a member of his immediate family. The presence of the officer must be actually and immediately required for bona fide serious circumstances or emergencies, as determined by the Chief of Police and absences from duty shall not exceed the period of actual need. Immediate family is defined as the following relation to the employee or his spouse: spouse, parent, step-parent, sibling, child, step-child, grandparent, and grandchild. The word “spouse” shall include civil partners. If an employee’s sick leave hours fall below zero, he is no longer eligible for sick leave pay. c. Routine Care: With prior approval and sufficient notice, leave for routine (less than four hours) doctor, dental or other medical appointments shall be charged to the officer’s regular and/or accumulated sick leave in one-hour (1-hour) multiples for the period the officer is off work. d. Certification: If the City has reasonable grounds to believe sick leave is being abused, it may, at its discretion, require any officer requesting paid sick leave to furnish substantiating evidence or a statement from his at tending physician certifying that absence from work was required due to medical reasons. Any officer who is sick for more than three (3) consecutive days may be required to secure and submit a physician’s release certifying that he is fit to return to work. This release must be submitted to the Chief of Police before the officer will be permitted to return to work. e. Sick Leave Bonus: Officers will be given one (1) day’s pay (8 hours) for each consecutive 19 six (6) months’ service (January through June and July through December) in which no sick leave was taken. f. Sick Leave Payout: All officers covered by this Agreement, upon separation from the City with a minimum of twenty (20) years of continuous service, or electing to retire under the provisions of the City’s Police Pension Fund, shall be entitled to receive payment in the amount of 30% of one thousand one hundred twenty (1120) sick leave hours maximum he may have on the official City records in the Finance Department at the time of separation or retirement, to be paid at the actual hourly rate of pay. This applies to retirement and separation with a minimum of twenty (20) years of continuous service, and does not involve separation from City service for any other cause or disability leave. SECTION 16.5 WORKERS COMPENSATION 5 ILCS 345 is incorporated into and made a part of this Agreement. All injuries must be reported in writing as soon as possible or within three (3) days by the officer or his supervisor in order to be eligible for injury leave and also the workers compensation benefits as provided by the City. The officer shall be responsible for causing a report by the attending physician to be submitted to the Risk Manager each time that the officer is examined by the attending physician and every thirty (30) days thereafter. The Risk Manager shall provide forms to the officer for this purpose. Because the payments for workers compensation benefits are not earnings subject to Federal or State taxes, and th e payments are excludable from earnings for pension fund deductions, the Finance Department may pay for the injury leave in the following manner: (1) Each bi-weekly pay period which occurs during the period of paid injury leave, the officer will receive a check for workers compensation benefits, the amount of which check shall be computed in accordance with the rules and regulations of the Illinois Workers’ Compensation Commission. No deductions of any kind shall be made from this payment. (2) In addition, for each bi-weekly pay period of paid injury leave described above, the officer will receive a check in an amount equal to the difference between the officer’s regular bi-weekly salary and the amount paid as workers compensation benefits per (1) above. The salary paid per this check shall be subject to all applicable deductions and withholding for various taxes. The withholding of Federal and State taxes and mandatory deductions for pension funds of course take precedence over voluntary deductions such as credit union or union dues., etc. SECTION 16.6 DISABILITY LEAVE If an officer becomes disabled as a result of illness, on or off duty injury or pregnancy and is disabled from performing his duty, and if the disability persists for one (1) month or more, the officer may be eligible to receive disability benefits under the police pension fund. Such disability shall be considered disability leave and such officer may be granted a leave of absence from the City’s service for the length of disability. If it appears upon verification by at least three (3) competent medical authorities that the officer will be permanently disabled, the officer must apply for a disability pension upon the request of the Chief of Police to the City Manager. Once an officer has been on leave for thirty (30) months or more, his status as a municipal employee will be governed by current Illinois State Statutes. No officer will be allowed to return to work without a written release from the attending physician. 20 SECTION 16.7 LEAVE OPTIONS Officers shall have the option of using earned accrued sick leave, workers’ compensation leave or disability leave as provided by the police pension fund for leaves under this section, provided that leaves shall not be taken concurrently (only one of the three types may be taken at any one time). SECTION 16.8 BENEFITS WHILE ON LEAVE This section addresses seniority, sick leave, vacation and employment credits while an officer is on a paid and unpaid leave of absence. Insurance benefits while on leave of absence are addressed in Section 18.4 and 18.4A. (1) Seniority, sick leave, vacation and employment credits shall continue to accrue, in the manner and rate prescribed in this contract when an officer is on sick leave (including pregnancy and off-duty injury); such accrual shall continue until all accumulated sick leave has been expended. (2) Seniority, sick leave, vacation and employment credits shall continue to accrue in the manner and rate prescribed in this contract when an officer is on workers compensation leave for a period of not more than one hundred eighty three (183) consecutive days. (3) Seniority, sick leave, vacation and employment credits shall continue to accrue, in the manner and the rate prescribed in this contract, when an officer is on disability leave (including but not limited to: pregnancy, on or off-duty injury or illness) for a period of not more than one hundred eighty three (183) consecutive days. (4) Seniority, sick leave, vacation and employment credits shall cease to accrue when an officer on workers compensation or disability leave in excess of one hundred eighty three (183) days. (5) Seniority, sick leave, vacation and employment credits for an officer granted an unpaid leave of absence shall cease to accrue effective the date an officer begins that unpaid leave of absence. Unless otherwise stated in this Section, seniority, sick leave, vacation and employment credits will begin to accrue, in the manner prescribed, in this contract upon the termination of the leave of absence and the return to duty of the officer. Upon the return of an officer on disability leave, including but not limited to pregnancy, on or off-duty injury or illness, the City will place the officer in a position similar to the duty assignment held prior to the effective date of the disability. SECTION 16.9 FORFEITURE OF BENEFITS Any officer covered by this Agreement who violates Article VI of this Agreement will automatically forfeit any and all covered benefits that he may enjoy. 21 ARTICLE XVII – WAGES SECTION 17.1 GENERAL Effective January 1, 20212018, the pay range and pay steps for the classification of Police Patrol Officer shall be as set forth in the salary schedules attached as Appendix C. Wages shall be adjusted for the term of this Agreement as follows: January 1, 202219 – An additional 2.5% increase January 1, 20230 – An additional 2.5% increase SECTION 17.2 STEPS AND RANGES The normal beginning rate for a new employee will be the minimum rate in the established range for the class or position as specified in the City’s Salary Schedule. However, the City Manager may, in special cases, authorize initial appointment above the minimum. Incremental steps within established salary ranges are to provide a means of recognizing outstanding performance and continued good service. Ordinarily, employees progress from Step A to Step B at the end of one year’s service; then annually on the anniversary date thereafter until the last step in the pay range has been reached. SECTION 17.3 LONGEVITY Each employee covered by this Agreement, shall have the following amounts added to his base wages: Upon 5 years’ service – increase base pay by 2% Upon 10 years’ service – increase base pay by 4% Upon 15 years’ service – increase base pay by 6% Upon 20 years’ service – increase base pay by 8% Upon 25 years’ service – increase base pay by 10% Base pay shall be the hourly rate as referenced in the City’s Classification and Salary Schedule for which the employee is eligible, excluding any other pay adjustment or compensation provided herein. SECTION 17.4 CANINE OFFICER An employee assigned as Canine Officer shall receive three and three-quarter (3.75) hours of additional straight-time pay in each fourteen (14) day pay period, such additional compensation to be used in the calculation of overtime. 22 Additionally, the canine officer shall be entitled to ten (10) hours of canine flex time per month in lieu of kennel time. The canine flex time shall be preapproved by the canine officer’s supervisor. The canine officer shall be allowed to either (1) leave shift early and supplement his normal workday with canine flex time (paid straight-time) or (2) replace a normal eight hour shift. SECTION 17.5 SEVERANCE PAY At the time of the regular retirement from active service under the provisions of the Police Pension Fund or upon separation from the City with a minimum of twenty (20) years of continuous service, all officers shall be entitled to severance pay equal to two (2) weeks’ actual salary. This is a one- time only benefit and credit will not be given for part-time or temporary service. The City will compute severance pay on actual wages rather than base wages. SECTION 17.6 PAYROLL DEDUCTIONS AND DIRECT DEPOSIT If the employee so desires, the Finance Department may make certain deductions from his check. Among these are savings and payments to the credit union, United Way contributions and additional withholding tax. All deductions must be requested in writing, dated, and signed by the employee. Pursuant to the mutual agreement of the parties, the City has implemented a direct payroll deposit program applicable to officers covered by this Agreement. SECTION 17.7 UNIFORM CLEANING The City shall provide each officer the equivalent of two hundred fifty dollars’ ($250.00) worth of dry cleaning services during each fiscal year of this Agreement. Such services will be determined by the Purchasing Division, as per past practices. SECTION 17.8 ACTING PAY An officer who is assigned by the Chief or his designee to perform, and does in fact perform, the duties of a higher-ranking officer for four (4) or more hours on any duty day shall receive one (1) hour of compensatory time off or pay, computed at straight time. SECTION 17.9 FTO PAY An officer who has been certified as a field training officer (FTO) and who is working as an FTO by assignment of the Chief or his design ee, shall receive one (1) hour of compensatory time off or pay, computed at straight time, for each eight (8) hours of assigned FTO duty. ARTICLE XVIII – GROUP BENEFITS SECTION 18.1 GROUP MEDICAL COVERAGE 23 For officers covered by this Agreement, group medical coverage is available from a plan selected by the City Manager, currently the State of Illinois Central Management Services (CMS). Four Pplans, which provide certain basic benefits and comprehensive major medical benefits to age sixty- five (65) will be made available to permanent full-time officers and their dependents and retired employees and their dependents. Plans which provide benefits supplemental to Parts A and B of Medicare are available to the aforementioned persons upon the attainment of age sixty-five (65). These plans of medical coverage available to the officers and their dependents, whether the officer is an active full-time employee or a retired employee, are dictated by the age of the persons involved. Continuation of medical benefits will be offered at group rates to certain eligible employees and beneficiaries whose coverage would otherwise have terminated. Former employees and beneficiaries will pay the premium and must notify the City of their intention to continue the coverage within sixty (60) days beginning on the date that coverage would have terminated under the group health plan. Details of these benefits are further explained in the Employee Health Plan summary plan document. Officers who have been placed on temporary or permanent disability by the Police Pension Fund (including pregnancy or off duty injury leave in excess of one hundred eighty three (183) days) may remain on the City’s group medical plan at the officer’s cost until age sixty-five (65) except as specified in Section 18.3A. SECTION 18.2 PERMANENT FULL-TIME EMPLOYEES AND DEPENDENTS Each plan coverage month begins on the first day of the calendar month. Officers under this contract will be eligible for the group coverage on the first day of the coverage month next following the date that the officer commences to work. If the officer does not enroll all eligible dependents upon the first instance of eligibility for the insurance, dependents may be added at subsequent open enrollment periods. An eligible dependent shall include the insured officer’s spouse and unmarried dependent children, as per the current plan provisions. During the term of this Agreement, employees covered by this Agreement will contribute the monthly amounts specified in Appendix D toward the cost of group health insurance under the City’s plan. In the event that annual premiums for the medical insurance program (health, vision and dental)) increase more than 4.0% for any annual renewal, the amount above the 4.03.5% increase shall be shared pro rata between the City and employee based on the current pro-rata share for the employer and employee under their current healthcare plan. The pro-rata share is shown in Appendix D which outlines the current health insurance contribution rates for the parties. Also during the term of this Agreement, modifications to plan benefits, including but not limited to changes in coverage, deductibles, co-pays, and out-of-pocket maximum payments, may occur as necessary to maintain plan solvency. The city will pay the total premium, less employee contribution, for the employee only for Medicare insurance and for the supplement to Medicare insurance when an employee attains age sixty-five (65), but has not yet retired. 24 SECTION 18.3 HEALTH SAVINGS ACCOUNTS (HSA) For employees who elect coverage under the “High Deductible Plan” the City will make a contribution of $750 for single coverage and $1,500 for family coverage to a Health Savings Account (HSA) for each plan year. Employees who elect coverage under a plan other than the “High Deductible Plan” are not eligible for an HSA and no City contribution will be made. SECTION 18.4 EMPLOYEES ON NON-DUTY RELATED INJURY DISABILITY LEAVE Subject to the Employee Health Plan, an employee on non-duty related injury disability leave may remain in the group medical plan, but the employee must pay the full employee premium and the full dependents’ premium, if any. SECTION 18.4A EMPLOYEES ON DUTY RELATED INJURY/DISABILITY An officer who has been injured/disabled in the line of duty and who has been placed on permanent disability leave shall remain in the group medical plan, and the City will continue to pay the employee’s insurance premium, less employee contribution. Dependent insurance premiums shall be paid in total by the employee (insured/disabled officer). If the officer on such permanent duty related injury disability takes employment elsewhere and is covered by a group medical plan, including major medical benefits, by that employer, health care coverage by the City of Galesburg shall cease. SECTION 18.5 RETIRED EMPLOYEES AND DEPENDENTS Upon retirement or resignation with 20 or more years of service, an officer may retain the same insurance plan he had as a City employee. Unless he exercises his opt-out right under Section 18.6 of this Agreement, the City will bear the cost of the total premium for the employee-only insurance to age sixty-five (65). If an insured person attains the age of sixty-five (65), be it the retired employee or a dependent, then said employee or dependent is eligibl e for coverage as described in the first paragraph of Section 18.1. Any insured person who attains the age of sixty- five (65), be it the retired employee or a dependent, immediately becomes eligible for the supplement to Medicare insurance and all other insurance is terminated in regard to that person. SECTION 18.6 OPT-OUT RIGHT Any employee who is employed and covered by this Agreement as of the date of ratification by both parties shall have the right to opt out of (waive) the City’s obligation to pay the cost of retiree health benefits as provided in Section 18.5. In consideration of such a waiver, the employee shall be entitled to the retirement health benefits provided under the Retiree Health Savings Plan (“RHSP”) set forth in Article XIX. Such waiver rights shall be exercisable during open enrollment periods established at least annually by the City. Once an employee exercises his right to waive the premium payment obligations of the City under Section 18.5, he shall be covered by the provisions of Article XIX and, while retaining an y statutory right that he may have to remain in the group covered by the City health plan, shall no longer be eligible for City-paid health care coverage as provided by Section 18.5. Such opt-out election shall be irrevocable. 25 SECTION 18.7 PSEO AND MANAGEMENT LIABILITY The failure of any insurance carrier to provide any benefit for which it has contracted, shall result in no liability to the City, or to the PSEO, nor shall such failure be considered a breach by the City or PSEO of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier from any liability it may have to the City, PSEO, employee, or beneficiary of any employee. The terms of any contract or policy issued by an insurance carrier shall be controlling in all matters pertaining to benefits thereunder. SECTION 18.8 RIGHT OF CONSULTATION A difference between an employee (or his beneficiary) and the insurance carrier(s) shall not be subject to the grievance procedure provided for in any collective bargaining agreement between the City and the PSEO. The City will, however, designate a representative who will be available for consultation with claimant employees so that a full explanation may be given with respect to the basis of disposition of claims and so that claimants may be assisted by the City in receiving all the benefits to which they are entitled under the terms and conditions of any contract or policy issued by the carrier. SECTION 18.9 HEALTH BENEFITS ADVISORY COMMITTEE One member of PSEO shall be allowed to sit in on all health benefits advisory committee meetings. This will be a non-voting position, however, and said employee will be allowed to give his advice regarding proposed changes in the coverage of City employees. Further, the City shall give proper notice to all members of the committee at least two (2) days prior to said meeting. SECTION 18.10 LIFE INSURANCE During the term of this contract, the City of Galesburg shall provide each full-time officer with a paid ten thousand dollar ($10,000.00) group term life insurance policy while on active duty with the Galesburg Police Department. The City of Galesburg reserves the right, at its sole discretion, to select the insurance company through which such group term life insurance policy is to be issued, and to change the insurance carrier. In this same regard, the City of Galesburg also reserves the right, at its sole discretion, to provide such group term life insurance benefits through its own self-insurance program. When the City of Galesburg’s group term life insurance benefit is provided through an insurance company, the benefit shall be subject to the provision of the policy between the City of Galesburg and the insurance carrier. The failure of any insurance carrier to provide any benefit for which it has contracted shall result in no liability to the City of Galesburg or to the PSEO, nor shall such failure be considered a breach by the City of Galesburg or the PSEO of any obligation undertaken pursuant to this or any other 26 Section in this Agreement. However, nothing contained in this Section shall be construed to relieve any insurance carrier from any liability it may have to the City of Galesburg, the PSEO, an officer, or the beneficiary of an officer. The City of Galesburg and the PSEO shall, as necessary, take appropriate steps to require and obtain contract compliance from the insurance carrier. SECTION 18.11 GROUP DENTAL PLAN For employees covered by this Agreement, a group dental plan is available from a company selected by the City Manager. A plan which provides certain benefits to age sixty-five (65) is available to permanent full-time employees and their dependents. The City will pay the employee’s dental premium. ARTICLE XIX - RETIREE HEALTH SAVINGS PLAN SECTION 19.1 ESTABLISHMENT The City has established a Retiree Health Savings Plan (RHSP) through the ICMA Retirement Corporation (“ICMA-RC”). The City’s participation in the RHSP shall be in accordance with the terms and conditions of the RHSP participation agreement. SECTION 19.2 REGULAR CONTRIBUTIONS: NEW EMPLOYEES AND OPT-OUT EMPLOYEES Employees who are hired after the date of ratification of this Agreement by both parties (“new employees”) and those current employees who elect irrevocabl y to opt out of (waive) the City’s obligation to pay health insurance premiums for them upon retirement, as provided in Section 18.6 (“opt-out employees”), shall be entitled to retiree health insurance by means of their participation in the RHSP but shall not be eligible for City-paid health insurance premiums upon retirement as provided by Section 18.5. For each such new employee and opt-out employee, the City shall contribute on or about the first payroll date in January (“the contribution date”) during each year of this Agreement remaining after the date of ratification of the Agreement by both parties, or upon the successful conclusion of an employee’s probationary period, if later, $1,000 plus .25 percent (one-quarter of one percent) of annual salary as of the contribution date to the employee’s Retiree Health Savings Plan account maintained by ICMA-RC. ARTICLE XX – PENSIONS During the term of this Agreement employees shall continue to participate in the Police Pension Fund in accordance with and subject to the provisions of the Statutes of the State of Illinois now applicable or as they may hereafter be amended. 27 ARTICLE XXI – RESIDENCY All employees are required, as a condition of their continued employment with the City, to maintain their principal residences within a radius of twenty (20) miles, by straight-line radius and not as determined by means of a surface streets and roads measurement, from Galesburg City Hall. This residency requirement shall be construed to mean actual “in fact” living and residing within the area described herein. Any person appointed to a permanent City position shall become a resident of the described area within thirty (30) days after the expiration date of such employee’s probationary period if the employee is to be continued in the City’s service. ARTICLE XXII – MISCELLANEOUS PROVISIONS SECTION 22.1 DRIVER’S LICENSE All police officers, as a condition of appointment, shall be required to possess and maintain a valid Illinois driver’s license. The Chief of Police may, to ensure the legal operation of departmental equipment, require additional driver’s license classifications to be obtained and maintained as necessary. SECTION 22.2 MOTORCYCLE LICENSES Upon application to and approval by the Police Chief or his designee, bargaining unit members will be allowed to acquire motorcycle licenses on paid duty time, and the City will pay the licensing fees involved. For any officer choosing to receive the benefits of this provision, the City reserves the right, at its expense, to require the officer to receive motorcycle training of the City’s choosing. SECTION 22.3A SERVICE OF NOTICES Notices hereunder shall be deemed to have been adequately given if served by registered mail or hand-delivered with acknowledgment receipt upon the persons named below at the address indicated unless otherwise notified in writing. NOTICE TO THE PSEO SHALL BE ADDRESSED TO: PSEO President 150 South Broad Street Galesburg, Illinois 61401 NOTICE TO THE CITY SHALL BE ADDRESSED TO: City Manager 55 West Tompkins Street Galesburg, Illinois 61401 SECTION 22.3B EMPLOYEE NOTICE TO EMPLOYER Employees shall notify their supervisor within seventy-two (72) hours, or the next working day, 28 whichever occurs sooner, of any changes in address or telephone number. The supervisor will inform the City Manager’s Office in writing immediately of any such transaction in order to update the central personnel records maintained by the City Manager’s Office. SECTION 22.3C PSEO NOTICE TO EMPLOYER The PSEO agrees to furnish the City with a list of names and positions held and to immediately notify the City of any changes thereto. Such notices shall be delivered in writing to the City Manager’s Office following any and all elections. SECTION 22.4 DEPARTMENTAL RULES The Chief of Police may adopt, change or modify work rules. Whenever the Chief of Police changes work rules or issues new work rules, the PSEO will be given at least three (3) days’ prior notice, absent emergency, before the effective date. The Chief of Police will provide each officer with a copy of the approved Police Department’s Rules and Regulations. All officers shall agree to follow and adhere to all rules, regulations and general and special orders so long as they are in full force and effect. Whenever there is a clear conflict between the Departmental Rules and this Agreement, this Agreement shall take precedence. SECTION 22.5 OUTSIDE EMPLOYMENT Police officers may not carry on concurrently with City employment any private business, undertaking or employment which affects the time or quality of their work or which casts discredit upon or creates embarrassment for the City government. All outside employment shall be approved by the Chief of Police. SECTION 22.6 PERSONAL USE OF CITY PROPERTY The use of City property for personal use is prohibited. SECTION 22.7 PHYSICALS It shall be the responsibility of each officer to maintain the standards of physical and mental fitness required for the safe and satisfactory performance of the police mission. If the Chief of Police, upon direct observation, investigation and/or as a result of information submitted to that office by a command officer, supervisory officer or police officer, has reason to believe that the physical or mental condition of any Galesburg police officer may endanger the health or safety of that officer or any other officer or person, the Chief may direct that officer to submit to medical examination by a physician. The examination may consist of those tests deemed appropriate by the examining physician including the processing of body fluids. 29 SECTION 22.8 DRUG AND ALCOHOL POLICY The drug and alcohol policy applicable to bargaining unit members shall be as set forth in Appendix B to this Agreement. SECTION 22.9 POLITICAL ACTIVITY No person holding a position in the police department shall use any official authority or influence to coerce the political action of any person or body or to influence any election. Nothing in this section shall be construed to prohibit or prevent any person from: a. Becoming or continuing to be a member of a political club or organization. b. Attending political meetings. c. Enjoying entire freedom from all interference in casting his or her vote. d. Expressing privately his or her opinion on any political question. SECTION 22.10 PERSONNEL RULES The City’s Personnel Rules are not applicable to PSEO bargaining unit employees. SECTION 22.11 TELEPHONE All Galesburg police officers shall be required to obtain and maintain an operating telephone at their place of residence. Such telephone shall be listed in the officer’s name. Officers shall ensure that the Department has a current telephone number listing and shall further ensure that any changes in the number are reported to the Department by notifying the officer’s immediate supervisor within three (3) actual work days. ARTICLE XXIII – SAVINGS CLAUSE If any provision to this Agreement or the application of such provision should be rendered or declared invalid by any court action or by reason of any existing or subsequently-enacted legislation by the State of Illinois or the United States of America, the remaining parts or portions of this Agreement shall remain in full force and effect. The parties shall attempt to renegotiate the invalidated provisions. ARTICLE XXIV – 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 the Agreement. 30 ARTICLE XXV – AMENDMENTS This Agreement may be amended only by the mutual written agreement of the parties. Such amendments shall be lettered, dated and signed by the parties and they shall constitute a part of this Agreement. ARTICLE XXVI – TERMINATION This Agreement shall be effective as of _________ January 1, 2018 and shall remain in full force and effect until 11:59 p.m. on the thirty-first (31st) day of December, 202230. It shall be automaticall y renewed from year to year thereafter unless either party 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 anniversary date. This Agreement shall remain in full force and be effective during the period of negotiations for a period of thirty (30) days after the anniversary date unless otherwise mutually extended. Executed this _____ day of _____________, _______ after ratification by the union membership and after receiving approval by the City Council. CITY OF GALESBURG PUBLIC SAFETY EMPLOYEES ORGANIZATION City Manager President Chief Negotiator Witness Police Chief Witness 31 APPENDIX A – AUTHORIZATION FOR PSEO DUES I hereby authorize the Finance Department to deduct from my earnings, twice per month, one- half of the regular monthly dues, uniform in dollar amount, in the amount certified by the Financial Officer of the PSEO; and further authorize the remittance of such amounts to said local organization in accordance with the currently effective agreement between the City of Galesburg and the PSEO. This authorization is revocable by a notice in writing by certified mail to the Finance Department with a copy to the PSEO. I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization and further and separately relieve the City and department of the City, the PSEO and all other officers, representatives or agents from liability therefore. Dated: Name: Signature: 32 APPENDIX B – DRUG AND ALCOHOL POLICY DRUG AND ALCOHOL POLICY Section B.1. General Policy Regarding Drugs and Alcohol. The use of illegal drugs and the abuse of alcohol by bargaining unit members present unacceptable risks to the safety and well-being of other employees and the public, invite accidents and injuries, and reduce productivity. In addition, such conduct violates the reasonable expectations of the public that the employees who serve and protect them obey the law and be fit and free from the effects of drug and alcohol abuse. In the interest of employing persons who are fit and capable of performing their jobs, and for the safety and well-being of employees and residents, the City has established a program that will allow the City to take the necessary steps, including drug and/or alcohol testing, to implement a general policy regarding drugs and alcohol. The City of Galesburg and its Police Department have the responsibility to provide a safe work environment. In addition, they have a paramount interest in protecting the public by ensuring that their employees are physically and emotionally fit to perform their jobs while on duty. For these reasons, the abuse of alcohol substances by bargaining unit members is strictly prohibited on duty and, to the extent that such abuse constitutes conduct unbecoming an officer or adversely affects on-duty behavior or job performance, off duty. Violation of these policies will result in disciplinary action up to and including discharge. Section B.2. Definitions. A. “Drugs” shall mean any controlled substance listed in 720 ILCS 570/100 et seq., known as the Controlled Substances Act, for which the person tested does not submit a valid pre-dated prescription. In addition, it includes “designer drugs” which may not be listed in the Controlled Substances Act but which have adverse effects on perception, judgment, memory or coordination. Among the drugs covered by this policy are the following: Opium Methaqualone Psilocybin-psilocin Morphine Tranquilizers MDA Codeine Cocaine PCP Heroin Amphetamines Chloral Hydrate Meperidine Phenmetrazine Methylphenidate Marijuana LSD Hash Barbiturates Mescaline Hash Oil Glutethimide Steroids B. The term “drug abuse” includes the use of any controlled substance which has not been legally prescribed and/or dispensed. 33 Section B.3. Prohibitions. Police officers shall be prohibited from: 1. Consuming or possessing alcohol or proscribed drugs (drugs proscribed by the Controlled Substances Act) at any time during the work day on any of the City’s premises or job sites, including all City buildings, properties, vehicles and the officer’s personal vehicle while engaged in City business. 2. Using, selling, purchasing or delivery of any proscribed drug during the work day or when off duty. 3. Being under the influence of alcohol or proscribed drugs during the course of the work day. 4. Failing to report to their supervisor any known adverse side effects of medication or prescription drugs which they are taking. Violation of these prohibitions may result in disciplinary action, up to and including discharge. Section B.4. The Administration of Tests. The City may require an officer to submit immediately to breathalyzer, blood, and/or urine tests if there is reasonable suspicion for such testing. If an officer is required to undergo such testing based on reasonable suspicion, the City will provide the officer with the basis for such reasonable suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. The City may use breathalyzer tests as well as urine or blood tests for alcohol testing. For drug/alcohol tests not involving a breathalyzer, the City shall use only licensed clinical laboratories and shall have a supervisor accompany the officer being tested to the testing facility. The testing facility shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the officer is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted. An initial positive result shall not be submitted to the City unless a confirmatory test result is also positive as to the same sample. Upon request, the City shall provide an officer with a copy of any test results which the City receives with respect to such officer. A portion of the tested sample shall be retained by the laboratory so that the officer may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee s choosing and at the employee s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the employer from the list maintained by the City, the officer shall be 34 responsible for maintaining the proper chain of custody for said portion of the tested sample. Within two (2) working days after the test is administered, the officer may request a meeting with the Chief. At any such meeting, the officer may raise issues relating to the testing, including the basis for reasonable suspicion. The officer shall also have a one-time only option at this meeting to admit to a drug/alcohol problem and to seek assistance from the City’s Employee Assistance Program (“EAP”). If the employee invokes this option, the test results shall not be made available to the City. Except where the officer invokes the time one-time only option to admit to the problem and to seek assistance from the EAP, the results of any positive tests shall be made available to the City. If an officer tests positive for the use of a proscribed drug, the City may take such action as the City in its discretion deems appropriate, up to and including discharge but also including demotion or reassignment. The first time an officer tests positive for substance abuse involving something other than a proscribed drug, and/or if the officer invokes the one-time only option to admit to the problem and to seek assistance from the EAP, the officer shall be required to enter and successfully complete the EAP, during which time the officer may be required to submit to random testing, as determined by and for the duration specified by the EAP counselor, with the understanding that if the employee again tests positive the City may take such action as the City in its discretion deems appropriate, up to and including discharge. The City in any event retains the right to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section B.3 of this Appendix, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse. Section B.5. Voluntary Requests for Assistance. Except where there is imminent danger to the life of an employee or others and except where the officer has invoked the one-time only option to admit to the problem and to seek the assistance provided for in Section B.4, above, the administrator of the City ’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the City’s EAP. Seeking confidential assistance from the City’s EAP shall not be grounds for disciplinary action; however, the seeking of such confidentiality assistance also shall not insulate an employee from the consequences of engaging in conduct prohibited by Section B.3. Section B.6. Expungement. If an officer is ordered to take a drug or alcohol test pursuant to this Policy, and the findings on either the initial or confirmatory test are negative, the test results as well as all records of and references to the test and/or the order to take the test shall be expunged from the officer’s personnel records. 35 APPENDIX C – SALARY SCHEDULE Personnel Represented by the Public Safety Employees' Organization Ran ge Step A Step B Step C Step D Step E Step F Step G Step H Step I 19 P 27.2925. 34 27.9725. 97 28.6726. 62 29.3827. 28 30.1227. 97 30.8728. 67 31.6329. 38 32.4330. 12 33.2430. 87 36 APPENDIX D – HEALTH INSURANCE CONTRIBUTION RATES City of Galesburg Employee Health Plan City of Galesburg Employee Health Plan City of Galesburg Employee Health Plan Monthly Premium Contributions 2018 Monthly Premium Contributions 2018 Monthly Premium Contributions 2018 Local Consumer Driven Health Plan (LCDHP) High Deductible plan Local Care Health Plan (LCHP) PPO plan Managed Care Health Plans HMO & OAP plans PSEO Union Emp Pays City Pays Total PSEO Union Emp Pays City Pays Total PSEO Union Emp Pays City Pays Total Single $0.00 $728.00 $728.00 Emp + 1dep $129.00 $1,269.00 $1,398.00 Family $352.00 $1,453.00 $1,805.00 Single $105.00 $805.00 $910.00 Emp+ 1dep $402.00 $1,345.00 $1,747.00 Family $623.00 • $1,634.00 $2,257.00 Single $81.00 $799.00 $880.00 Emp+1dep $369.00 $1,321.00 $1690.00 Family $577.00 $1,605.00 $2,182.00 Premiums & Contributions include medical & prescription drug benefits for each plan as defined in the Benefits Choice booklet Premiums & Contributions include dental & vision benefits as defined in the Benefits Choice booklet Police Union Emp Pays City Pays Total Police Union Emp Pays City Pays Total Police Union Emp Pays City Pays TotalSingle $0.00 $650.68 $650.68 Single $74.14 $663.98 $738.12 Single $64.68 $722.90 $787.58% of premium 0.0% 100.0% 100.0% % of premium 10.1% 89.9% 100.0% % of premium 8.3% 91.7% 100.0%Emp + 1 dep $100.72 $1,151.28 $1,252.00 Emp + 1 dep $284.42 $1,135.10 $1,419.52 Emp + 1 dep $295.12 $1,219.32 $1,514.44% of premium 8.0% 92.0% 100.0% % of premium 20.0% 80.0% 100.0% % of premium 19.5% 80.5% 100.0%Family $282.44 $1,377.62 $1,660.06 Family $451.64 $1,425.80 $1,877.44 Family $472.32 $1,527.76 $2,000.08% of premium 17.0% 83.0% 100.0% % of premium 24.1% 75.9% 100.0% % of premium 23.6% 76.4% 100.0%APPENDIX D - HEALTH INSRUANCE CONTRIBUTION RATESBCBS rates eff 01/01/2021BCBS rates eff 01/01/2021BCBS rates eff 01/01/2021$1500 HDHP $750 Ded PPO plan $0 Ded PPO 2021-2023 CITY OF GALESBURG Illinois, USA and Public Safety Employees’ Organization Agreement between Contents PREAMBLE .................................................................................................................................................... 1 ARTICLE I – RECOGNITION .................................................................................................................... 1 SECTION 1.1 PSEO RECOGNIZED ......................................................................................................... 1 SECTION 1.2 NEGOTIATIONS ................................................................................................................ 1 ARTICLE II – PSEO RIGHTS ..................................................................................................................... 1 SECTION 2.1 DUES DEDUCTIONS ........................................................................................................ 1 SECTION 2.2 PSEO INDEMNIFICATION .............................................................................................. 2 SECTION 2.3 PSEO ACCESS ................................................................................................................... 2 ARTICLE III – MANAGEMENT RIGHTS ................................................................................................ 2 SECTION 3.1 ENUMERATED RIGHTS .................................................................................................. 2 SECTION 3.2 DETERMINATION OF AUTHORITY ............................................................................. 2 SECTION 3.3 AUTHORITY FOR APPOINTMENTS ............................................................................. 3 ARTICLE IV – NON-DISCRIMINATION ................................................................................................. 3 SECTION 4.1 EMPLOYMENT POLICY .................................................................................................. 3 SECTION 4.2 AGE REQUIREMENT ....................................................................................................... 3 SECTION 4.3 EMPLOYEE DISCRIMINATION ...................................................................................... 3 SECTION 4.4 RESPONSIBILITY OF PSEO ............................................................................................ 3 SECTION 4.5 HIRING PRACTICE ........................................................................................................... 3 SECTION 4.6 GENDER ............................................................................................................................. 3 ARTICLE V – GRIEVANCE PROCEDURE .............................................................................................. 4 SECTION 5.1 DEFINITION ...................................................................................................................... 4 SECTION 5.2 TIME LIMIT ....................................................................................................................... 4 SECTION 5.3 SCOPE ................................................................................................................................. 4 SECTION 5.4 PROCEDURE ..................................................................................................................... 4 SECTION 5.5 ARBITRATION ................................................................................................................... 5 SECTION 5.6 TIME EXTENSION ............................................................................................................ 6 ARTICLE VI – NO STRIKE AND NO LOCKOUT ................................................................................... 6 SECTION 6.1 NO STRIKE ........................................................................................................................ 6 SECTION 6.2 NO LOCKOUT ................................................................................................................... 6 SECTION 6.3 PSEO RESPONSIBILITY .................................................................................................. 6 SECTION 6.4 PENALTY ........................................................................................................................... 6 SECTION 6.5 MANAGEMENT RESPONSIBILITY ............................................................................... 6 ARTICLE VII – HOURS OF WORK AND OVERTIME .......................................................................... 7 SECTION 7.1 NO GUARANTEE .............................................................................................................. 7 SECTION 7.2 NORMAL WORKWEEK/WORKDAY ............................................................................. 7 SECTION 7.3 OVERTIME......................................................................................................................... 7 SECTION 7.4 CALLBACK PAY............................................................................................................... 8 SECTION 7.5 STANDBY PAY ................................................................................................................. 8 SECTION 7.5A ON CALL PAY ................................................................................................................ 8 SECTION 7.5B CALL-IN/HOLDOVER .................................................................................................... 8 SECTION 7.6 ESSENTIAL OVERTIME .................................................................................................. 8 SECTION 7.7 REST PERIODS .................................................................................................................. 8 SECTION 7.8 MEAL PERIODS ................................................................................................................ 9 SECTION 7.9 TIME-TRADING ................................................................................................................ 9 SECTION 7.10 COURT TIME PAY .......................................................................................................... 9 SECTION 7.11 NO DUPLICATION ......................................................................................................... 9 ARTICLE VIII – SAFETY ............................................................................................................................ 9 SECTION 8.1 COMPLIANCE WITH LAWS ........................................................................................... 9 SECTION 8.2 OFFICER SAFETY............................................................................................................. 9 SECTION 8.3 EQUIPMENT MAINTENANCE ...................................................................................... 10 SECTION 8.4 LABOR-MANAGEMENT MEETINGS .......................................................................... 10 ARTICLE IX – SENIORITY ...................................................................................................................... 10 SECTION 9.1 DEFINITION .................................................................................................................... 10 SECTION 9.2 APPLICATION OF SENIORITY ..................................................................................... 10 SECTION 9.3 TERMINATION OF SENIORITY ................................................................................... 10 SECTION 9.4 PROBATIONARY PERIOD – NEW EMPLOYEES ..................................................... 11 SECTION 9.5 SENIORITY ROSTER ...................................................................................................... 11 SECTION 9.6 SAME DAY HIRES .......................................................................................................... 11 SECTION 9.7 LAYOFF AND RECALL ................................................................................................. 11 SECTION 9.8 RESIGNATIONS .............................................................................................................. 12 ARTICLE X – FILLING OF VACANCIES .............................................................................................. 12 SECTION 10.1 PERMANENT VACANCY ............................................................................................ 12 SECTION 10.2 METHOD OF FILLING VACANCIES ......................................................................... 12 ARTICLE XI – EMPLOYEE DISCIPLINE .............................................................................................. 12 SECTION 11.1 DISCIPLINARY ACTIONS ........................................................................................... 12 SECTION 11.2 CORRECTIVE DISCIPLINE ......................................................................................... 12 SECTION 11.3 DISCIPLINARY MEETING .......................................................................................... 12 ARTICLE XII – PERSONNEL FILES ...................................................................................................... 13 SECTION 12.1 MAINTENANCE ............................................................................................................ 13 SECTION 12.2 INSPECTION .................................................................................................................. 13 SECTION 12.3 NOTIFICATION ............................................................................................................. 13 SECTION 12.4 REBUTTALS .................................................................................................................. 13 ARTICLE XIII – EVALUATIONS ............................................................................................................ 14 ARTICLE XIV – PERSONAL DAYS ........................................................................................................ 14 ARTICLE XV – VACATIONS ................................................................................................................... 14 SECTION 15.1 VACATION ACCUMULATION ................................................................................... 14 SECTION 15.2 ELIGIBILITY REQUIREMENTS .................................................................................. 15 SECTION 15.3 VACATION SCHEDULING .......................................................................................... 15 SECTION 15.4 MAXIMUM ACCRUAL ................................................................................................ 15 SECTION 15.5 SEPARATION ................................................................................................................. 15 SECTION 15.6 RETIREMENT, RESIGNATION ................................................................................... 15 ARTICLE XVI – LEAVES .......................................................................................................................... 16 SECTION 16.1 GENERAL LEAVE OF ABSENCE ............................................................................... 16 SECTION 16.2 MILITARY LEAVE ....................................................................................................... 16 SECTION 16.3 JURY DUTY LEAVE ..................................................................................................... 16 SECTION 16.4 SICK LEAVE .................................................................................................................. 16 SECTION 16.5 WORKERS COMPENSATION ..................................................................................... 17 SECTION 16.6 DISABILITY LEAVE .................................................................................................... 18 SECTION 16.7 LEAVE OPTIONS .......................................................................................................... 18 SECTION 16.8 BENEFITS WHILE ON LEAVE .................................................................................... 18 SECTION 16.9 FORFEITURE OF BENEFITS ....................................................................................... 19 ARTICLE XVII – WAGES ......................................................................................................................... 19 SECTION 17.1 GENERAL....................................................................................................................... 19 SECTION 17.2 STEPS AND RANGES ................................................................................................... 19 SECTION 17.3 LONGEVITY .................................................................................................................. 20 SECTION 17.4 CANINE OFFICER.......................................................................................................... 20 SECTION 17.5 SEVERANCE PAY......................................................................................................... 20 SECTION 17.6 PAYROLL DEDUCTIONS AND DIRECT DEPOSIT ................................................. 20 SECTION 17.7 UNIFORM CLEANING ................................................................................................. 21 SECTION 17.8 ACTING PAY ................................................................................................................. 21 SECTION 17.9 FTO PAY ......................................................................................................................... 21 ARTICLE XVIII – GROUP BENEFITS .................................................................................................... 21 SECTION 18.1 GROUP MEDICAL COVERAGE .................................................................................. 21 SECTION 18.2 PERMANENT FULL-TIME EMPLOYEES AND DEPENDENTS ............................. 21 SECTION 18.3 HEALTH SAVINGS ACCOUNTS (HSA) .................................................................... 22 SECTION 18.4 EMPLOYEES ON NON-DUTY RELATED INJURY DISABILITY LEAVE ............ 22 SECTION 18.4A EMPLOYEES ON DUTY RELATED INJURY/DISABILITY .................................. 22 SECTION 18.5 RETIRED EMPLOYEES AND DEPENDENTS ........................................................... 22 SECTION 18.6 OPT-OUT RIGHT ........................................................................................................... 23 SECTION 18.7 PSEO AND MANAGEMENT LIABILITY ................................................................... 23 SECTION 18.8 RIGHT OF CONSULTATION ....................................................................................... 23 SECTION 18.9 HEALTH BENEFITS ADVISORY COMMITTEE ....................................................... 23 SECTION 18.10 LIFE INSURANCE ....................................................................................................... 24 SECTION 18.11 GROUP DENTAL PLAN ............................................................................................. 24 ARTICLE XIX - RETIREE HEALTH SAVINGS PLAN ........................................................................ 24 SECTION 19.1 ESTABLISHMENT ......................................................................................................... 24 SECTION 19.2 REGULAR CONTRIBUTIONS...................................................................................... 24 ARTICLE XX – PENSIONS ....................................................................................................................... 25 ARTICLE XXI – RESIDENCY .................................................................................................................. 25 ARTICLE XXII – MISCELLANEOUS PROVISIONS............................................................................ 25 SECTION 22.1 DRIVER’S LICENSE .................................................................................................... 25 SECTION 22.2 MOTORCYCLE LICENSES .......................................................................................... 25 SECTION 22.3A SERVICE OF NOTICES ............................................................................................. 26 SECTION 22.3B EMPLOYEE NOTICE TO EMPLOYER ..................................................................... 26 SECTION 22.3C PSEO NOTICE TO EMPLOYER ................................................................................. 26 SECTION 22.4 DEPARTMENTAL RULES ........................................................................................... 26 SECTION 22.5 OUTSIDE EMPLOYMENT ........................................................................................... 26 SECTION 22.6 PERSONAL USE OF CITY PROPERTY ...................................................................... 27 SECTION 22.7 PHYSICALS ................................................................................................................... 27 SECTION 22.8 DRUG AND ALCOHOL POLICY ................................................................................ 27 SECTION 22.9 POLITICAL ACTIVITY ................................................................................................ 27 SECTION 22.10 PERSONNEL RULES .................................................................................................. 27 SECTION 22.11 TELEPHONE ................................................................................................................ 27 ARTICLE XXIII – SAVINGS CLAUSE .................................................................................................... 28 ARTICLE XXIV – ENTIRE AGREEMENT............................................................................................. 28 ARTICLE XXV – AMENDMENTS ........................................................................................................... 28 ARTICLE XXVI – TERMINATION ......................................................................................................... 28 APPENDIX A – AUTHORIZATION FOR PSEO DUES ......................................................................... 30 APPENDIX B – DRUG AND ALCOHOL POLICY ................................................................................. 31 APPENDIX C – SALARY SCHEDULE..................................................................................................... 34 APPENDIX D – HEALTH INSURANCE CONTRIBUTION RATES ................................................... 35 1 AGREEMENT THIS AGREEMENT is entered into this ___ day of May, 2021, by and between the City of Galesburg, Illinois (the “CITY”) and the Public Safety Employees’ Organization (the “PSEO”). PREAMBLE WHEREAS, the City has voluntarily endorsed the practices and procedures of collective bargaining as a fair and orderly way of conducting its relations with certain of its full-time employees insofar as such practices and procedures do not interfere with the City’s right and obligation to operate effectively in order to best serve the City and its residents and to make clear all basic terms upon which such relationship depends; and WHEREAS, it is the intent and purpose of the parties to set forth herein their entire agreement covering rates of pay, wages, hours of employment and other conditions of employment, and to provide the procedure for the prompt and peaceful settlement of grievances respecting the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties do mutually promise and agree as follows: ARTICLE I – RECOGNITION SECTION 1.1 PSEO RECOGNIZED The City voluntarily recognizes the PSEO as the exclusive bargaining agent for the purpose of establishing the wages, hours and terms and conditions of employment for all non-exempt full- time permanent employees in the classification of Police Officer, but excluding supervisory, confidential, probationary and exempt employees and all elected officials or officers of the City. SECTION 1.2 NEGOTIATIONS Each party shall be permitted to have five (5) individuals sit on the negotiating committee provided that not more than one patrol officer and one investigator per shift shall be relieved from duty unless previously approved by the Chief of Police, and such leave shall not interfere with any emergency services. ARTICLE II – PSEO RIGHTS SECTION 2.1 DUES DEDUCTIONS While this Agreement is in effect, the City will deduct twice per month one-half (1/2) the regular monthly PSEO dues for each employee in the bargaining unit for whom there is on file with the City a voluntary effective checkoff authorization as per Appendix A attached. The amounts so deducted shall be forwarded upon each deduction to the appropriate officer of PSEO. The PSEO 2 may change the fixed uniform dollar amount which shall be considered the regular PSEO dues once each year during the life of this Agreement. The PSEO will give the City thirty (30) days’ notice in writing of any such change in the amount of uniform dues to be deducted. The PSEO authorization is revocable by an employee submitting a notice in writing to the City Manager’s Office with a copy to the PSEO. SECTION 2.2 PSEO INDEMNIFICATION The PSEO shall indemnify, defend and save the City harmless against any and all claims, demands, suits or other forms of liability and for all legal costs that shall rise out of or by reason of action taken or not taken by the City in complying with the provisions of this article. Each party agrees to refund to the other any amounts paid in error on account of this dues deduction provision within ten (10) days of notification. SECTION 2.3 PSEO ACCESS One PSEO representative may have access to the premises of the City during a labor dispute in order to help resolve a problem. In order to receive access, the representative must first advise the appropriate supervisor. ARTICLE III – MANAGEMENT RIGHTS SECTION 3.1 ENUMERATED RIGHTS Except as specifically limited by the express provisions of this Agreement, the City possesses the sole right and authority to operate and direct the employees of the City and its various departments in all aspects, including but not limited to, the right to determine its mission, policies and to set forth all standards of service offered to the public; to plan, direct, control and determine the operations or services to be conducted by employees of the City; to determine the methods, means and number of personnel needed to carry out the department’s mission; to direct the working forces; to establish the qualification for employment, to hire, assign or transfer employees within the department for other related functions; to promote, suspend, discipline or discharge, to lay off or relieve employees due to lack of work, funds or for other legitimate reasons; to make, publish, alter and enforce department rules and regulations; to introduce new or improved methods, equipment or facilities; to contract out for goods and services; to schedule and assign work; to establish work and productivity standards; to assign overtime; and to take any and all actions as may be necessary to carry out the mission of the City and its departments in situations of civil emergency as may be declared by the Mayor, the City Manager or Acting City Manager provided that no right enumerated in this Agreement shall be exercised or enforced in a manner contrary to or inconsistent with the provisions of this Agreement. SECTION 3.2 DETERMINATION OF AUTHORITY If, at the sole discretion of the Mayor or his designee, it is determined that extreme civil emergency conditions exist, the provisions of this Agreement may be suspended by the City Manager during the time of the declared emergency. Should an emergency arise, the City Manager shall advise the local President of the PSEO, or the next highest officer of the PSEO, the nature of the emergency. 3 SECTION 3.3 AUTHORITY FOR APPOINTMENTS Both the City and the PSEO recognize and accept the authority of the Board of Fire and Police Commissioners as specified at 65 ILCS 5/10-2.1-1, et seq., with respect to the conduct of examinations, original appointment, promotions or conduct of hearings on charges, of applicants for and/or commissioned police officers of the City of Galesburg, Illinois. ARTICLE IV – NON-DISCRIMINATION SECTION 4.1 EMPLOYMENT POLICY Neither the City nor the PSEO shall discriminate against any employee covered by this Agreement in a manner which would violate any applicable federal or state laws because of race, creed, color, national origin, disability, age, sex, veteran’s status, genetic information, or sexual orientation. SECTION 4.2 AGE REQUIREMENT All employees shall be retired at an age outlined in the Illinois State Statutes. SECTION 4.3 EMPLOYEE DISCRIMINATION Neither the City nor the PSEO shall interfere with the right of employees covered by this Agreement to become, or not become, members of the PSEO and there shall be no discrimination against any such employees because of lawful PSEO membership or non- membership activity or status. SECTION 4.4 RESPONSIBILITY OF PSEO The PSEO recognizes its responsibility as bargaining agent. SECTION 4.5 HIRING PRACTICE Only one person from a family shall be initially or subsequently employed as a permanent employee by the City in the same department or division so that they would be working in close proximity on a regular day-to-day basis. For this purpose, a member of a family is defined as a parent, sibling, spouse, and child. The word “spouse” shall include civil partners. SECTION 4.6 GENDER Wherever the male gender is used in this Agreement, it shall be construed to include equally both male and female employees. 4 ARTICLE V – GRIEVANCE PROCEDURE SECTION 5.1 DEFINITION A grievance shall be defined as a dispute arising between the parties during the term of this Agreement concerning a violation, or alleged violation, application or interpretation of this Agreement. SECTION 5.2 TIME LIMIT A grievance must be filed within ten (10) calendar days of its occurrence. All grievances arising out of a safety dispute must be filed within ten (10) calendar days from the Labor-Management Meeting when the dispute was presented, pursuant to Article VIII herein. SECTION 5.3 SCOPE Should any employee, or the union, desire to present a grievance, such grievance shall commence at Step One. Any non-PSEO member may initiate and handle his own grievance without the assistance and/or involvement of the PSEO. SECTION 5.4 PROCEDURE Step One. An employee or the PSEO having a grievance shall meet with the immediate supervisor directly involved. The supervisor shall give an oral answer within ten (10) calendar days after such presentation. Step Two. If the grievance is not settled in Step One and the employee and/or PSEO wish to advance the grievance to Step Two, it shall be referred in writing to the immediate supervisor directly involved within ten (10) calendar days after the supervisor’s oral answer to Step One and shall be signed by the PSEO representative and the aggrieved employee when applicable. The written grievance shall contain a complete statement of the fact, the provision or provisions of this Agreement which the City is alleged to have violated, misapplied and/or misinterpreted and the relief requested. Within ten (10) calendar days of the receipt of the written grievance, the City shall schedule a meeting with the aggrieved officers, when applicable, the Shift Commander(s), if applicable, the Captain of Field Operations and the PSEO Representative, when applicable. If no settlement is reached, the Captain of Field Operations shall provide a written answer within ten (10) calendar days following the meeting. Step Three. If the grievance is not settled in Step Two and the officer and/or the PSEO wish to appeal the grievance to Step Three, it shall be referred in writing to the Chief of Police within ten (10) calendar days after the Captain’s answer in Step Two and shall be signed by the PSEO representative and the aggrieved Officer, when applicable. Within ten (10) calendar days of receipt, the Police Chief shall schedule a meeting with the Captain and/or Shift Commander, the officer, and the PSEO representative, when applicable. If no settlement is reached, the Police Chief shall give the City’s written decision to the PSEO or the aggrieved officer, when applicable, within ten (10) calendar days following their meeting. 5 Step Four. If the grievance is not settled in Step Three and the Officer and/or the PSEO wishes to appeal the grievance to Step Four, it shall be referred in writing to the City Manager within ten (10) calendar days from the Chief’s decision in Step Three, and shall be signed by the aggrieved officer and the PSEO representative, when applicable. The City Manager shall schedule a meeting within ten (10) calendar days with the aggrieved officer, if applicable, the Police Chief, the Captain and/or Shift Commander, the Personnel Officer and the PSEO representative and/or attorney, when applicable. The City Manager shall render his decision in writing within ten (10) calendar days following the meeting. If the matter is not resolved, then the grievance shall be eligible for consideration at the next step. SECTION 5.5 ARBITRATION A. Filing. If the grievance is not settled in accordance with the foregoing procedure, a non- PSEO member or the PSEO may refer the grievance to binding arbitration by forwarding to the City Manager a written notice of intention to proceed to arbitration within ten (10) calendar days after the receipt of the Step Four response. Upon receipt of such notice, the parties shall jointly request the State Labor Relations Board or a similar body to submit a panel of five (5) arbitrators with the appropriate background and experience. Either party may reject one (1) entire panel. Upon receipt of the list of five (5) nominees, the party requesting arbitration shall strike the first name, the other party the second and thereafter the parties shall proceed to alternately strike one name at a time from the list until only one name remains. The nominee whose name remains shall be the arbitrator who shall resolve the grievance. The arbitrator shall be notified of his selection by a joint letter from the parties requesting that he set a time and a place subject to the reasonable availability of the parties. All arbitration hearings shall be held in the City of Galesburg, Illinois, unless the parties mutually agree otherwise. B. Arbitrator’s Authority. The arbitrator shall act in a judicial not legislative capacity and shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. He shall only consider and make a decision with respect to the specific issue submitted and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall be without power to make a decision contrary to or inconsistent with or modifying or varying in any way the appl ication of laws and rules having the force and effect of law. The arbitrator shall submit his written decision within thirty (30) calendar days of the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to a written extension thereof. The decision shall be based solely upon his interpretation of the meaning and/or application of the express terms of this Agreement to the facts of the grievance presented. A decision rendered consistent with the terms of this Agreement shall be final and binding. C. Arbitrator’s Decision. The decision of the arbitrator may be enforced at the insistence of either party or of the arbitrator in the Circuit Court of Knox County, Illinois. If, in the event the arbitrator violates Section 5.5B, either party may file for judicial review in the Circuit Court of Knox County, Illinois. D. Arbitration Costs. The fee and expenses for the arbitrator’s services shall be borne equally by the parties involved in the arbitration. Each party shall be responsible for compensating its own representatives and witnesses and purchasing its own copy of the written transcript; however, the cost of the arbitrator’s copy shall be borne equally by the parties. 6 E. Compensation. One PSEO representative shall be allowed time off from duty with pay to investigate and process grievances. Such time shall not exceed one hour per step except in the case of extenuating circumstances. SECTION 5.6 TIME EXTENSION Extensions of time will be permissible when one of the parties cannot reasonably attend a scheduled meeting. ARTICLE VI – NO STRIKE AND NO LOCKOUT SECTION 6.1 NO STRIKE During the term of this Agreement, neither the PSEO nor its agents or any employee, for any reason will authorize, institute, aid, condone or engage in a work stoppage, strike or any other intentional interference with the work or statutory functions or obligations of the City. SECTION 6.2 NO LOCKOUT During the term of this Agreement, neither the City nor its agents for any reason shall authorize, institute, aid or promote any lockout of employees covered by this Agreement. SECTION 6.3 PSEO RESPONSIBILITY In the event of a violation of Section 6.1 of this Agreement, the PSEO agrees to notify all local officers and representatives of their obligation and responsibility for maintaining compliance with this Agreement, including their responsibility to remain at work during any interruption which may be caused or initiated by others and to encourage employees violating Section 6.1 to return to work. SECTION 6.4 PENALTY The City may file charges with the Board of Fire and Police Commissioners to discharge and/or discipline any employee who violates Sections 6.1 or 6.3, and the PSEO will not resort to the grievance procedure on such employee’s behalf. SECTION 6.5 MANAGEMENT RESPONSIBILITY Nothing contained herein shall preclude the parties from obtaining judicial restraint and damages in the event of a violation of this Article. 7 ARTICLE VII – HOURS OF WORK AND OVERTIME SECTION 7.1 NO GUARANTEE This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week or of days of work per week. SECTION 7.2 NORMAL WORKWEEK/WORKDAY Except as provided elsewhere in this Agreement, the normal workweek shall consist of forty (40) hours per departmental calendar week and such additional time as may, from time to time, be required. The normal departmental workweek shall consist of five (5) eight-hour (8-hour) workdays in a seven-day (7-day) period. The FLSA work period is currently fourteen (14) days but is subject to change as per the FLSA guidelines. The Departmental patrol shift schedule is as follows: First shift 0700-1500, second shift 1500-2300, third shift 2300-0700 with officers assigned to report one hour early for the early or “early car” shift at 0600 first shift, 1400 second shift and 2200 third shift. Should the City decide to change the Departmental patrol shift schedule set forth above, the City will notify the union at least sixty (60) days in advance of the proposed change and will give it the opportunity, upon request, to bargain about the changes and reasons for them with the City before such changes are implemented. Any impasse in bargaining under this Section shall be resolved in accordance with Section 14 of the Illinois Public Labor Relations Act. This notification and bargaining obligation shall apply only to changes in the Departmental patrol shift schedule, and shall not apply to changes in the shift schedules of individual officers, which are covered by Section 7.3 below. Notwithstanding the notification and bargaining obligation set forth above, the City retains the right to determine the number of officers assigned to each of the shifts, including the early car shifts. SECTION 7.3 OVERTIME Time and one-half the regular rate of pay will be paid for all authorized time worked as verified by the employee’s supervisor in excess of forty (40) hours in any one departmental calendar week, or in excess of eight (8) hours in any one day when such time is required to be worked by the City. The City shall compute overtime compensation on base pay, longevity pay and schooling pay. Employees shall have the option to receive pay or bank compensatory hours for all overtime earned within the same pay period. With regard to overtime, each officer shall: (1) Be allowed to accumulate a bank up to one hundred sixty (160) hours of compensatory time. (2) Be allowed to carry over into the next fiscal year one hundred sixty (160) hours maximum. 8 Payment up to eighty (80) hours may be requested by the employee as of the first pay period in November of each year of this Agreement. All hours in excess of one hundred sixty (160) hours shall be paid in the pay period in which the excess hours were earned. (3) Be scheduled time off, as directed, for any hours in lieu of overtime if maximum compensatory hours are accumulated. (4) Be allowed to use compensatory hours as per approval of the department or division head or his authorized representative. All hours used shall be in even hourly increments only. SECTION 7.4 CALLBACK PAY An employee called back to duty outside his normal duty schedule, and not immediately preceding or following his regular duty schedule, shall be guaranteed a minimum of two (2) hours work at the overtime rate of pay. SECTION 7.5 STANDBY PAY Any officer, including a detective scheduled for standby, who is required by assignment or directive of the Chief or his designee to remain, while otherwise not actively on duty, within a specific geographic area for a specified period of time, who is required to respond to a call to report for duty, and who is required to be “fit for duty” pending such a call shall be paid thirty dollars ($30.00) for each twenty-four hour (24-hour) day that he is assigned to standby under this provision. The City reserves the right to schedule detectives and other officers for standby and to make changes in the standby schedule. The compensation for standby shall be paid with the wages for the pay period in which the standby pay was earned. SECTION 7.5A ON CALL PAY The City will administer “on call” pay as per the provisions of the Fair Labor Standards Act. SECTION 7.5B CALL-IN/HOLDOVER An employee required to report early or remain past their normal duty schedule shall be credited for their actual hours worked at the appropriate rate of pay. Such a call-in/holdover shall not constitute a call-back and is not subject to the two (2) hour call-back provision outlined in Section 7.4. SECTION 7.6 ESSENTIAL OVERTIME All officers are required to report to or remain on duty as instructed by the Galesburg Police Department. SECTION 7.7 REST PERIODS All employees shall receive a fifteen-minute (15-minute) rest period subject to department working conditions during each four-hour (4-hour) period. The rest period shall be granted by the officer’s supervisor as he deems appropriate. During work beyond the normal eight-hour (8- hour) day, 9 officers shall receive their breaks in the same intervals as described above. SECTION 7.8 MEAL PERIODS All patrol officers and detectives shall be granted a paid twenty-minute (20-minute) meal period during each eight-hour (8-hour) work shift. Whenever possible, this meal period shall be scheduled at the middle of each shift except where such scheduling would be disruptive. SECTION 7.9 TIME-TRADING All patrol officers covered by this Agreement may trade with other patrol officers subject to the following conditions: a. The trading of time is done voluntarily by the officers and not at the request of the employer. b. The trade is not made for reasons related to the employer’s business operations but is due to the officer’s desire or need to attend to a personal matter. c. All trading is subject to the approval of the Chief of Police or his designee. d. Time trading shall be limited to sixteen (16) hours per month in increments no less than four (4) hours. No officer shall work more than twelve (12) hours straight for the purposes of time trading. SECTION 7.10 COURT TIME PAY An officer required to appear in court in the performance of his official duties, outside his normal duty schedule shall, be compensated in accordance with Sections 7.4 and 7.5B. If the meeting or court appearance exceeds two (2) hours, the officer shall receive overtime compensation (time and one half) for the actual time spent by the officer in excess of that two hour minimum. SECTION 7.11 NO DUPLICATION There shall be no duplication in the computation of overtime, including call back pay. Nothing in this Agreement shall be construed to require the payment of overtime or other pay more than once for the same hours worked. ARTICLE VIII – SAFETY SECTION 8.1 COMPLIANCE WITH LAWS The City agrees to comply with all known State and Federal laws applicable to its operations concerning the safety of its employees covered by this Agreement. All such officers shall comply with all safety rules and regulations established by the City. SECTION 8.2 OFFICER SAFETY The Galesburg Police Department agrees with the concept of officer safety and in that regard 10 will agree to make every reasonable effort to contribute to the safety of all officers through appropriate training/education in support of normal police operations. SECTION 8.3 EQUIPMENT MAINTENANCE The Galesburg Police Department agrees that all equipment under the control of the Galesburg Police Department, including vehicles, shall be maintained so as to comply with known safety requirements as specified by state law for the protection of officers. The PSEO agrees that all officers must use their assigned equipment in a responsible manner which includes, but is not necessarily limited to, the proper use and operation of all equipment and the prompt, written reporting of any observed maintenance problem or needed repair to the officer’s immediate supervisor who shall have the responsibility to determine what action, if any, should be taken. SECTION 8.4 LABOR-MANAGEMENT MEETINGS Representatives of the PSEO, not to exceed three (3) in number, and the City shall meet at mutually-agreed-upon times to discuss matters of mutual concern. Each party shall prepare and submit an agenda to the other party one (1) week prior to the scheduled meeting. It is to be clearly understood that these are in fact meetings and not “negotiations”. If a written agenda cannot be developed, then no meeting will be held. Disputes concerning Article VIII must go through the Labor-Management meeting prior to any grievance proceeding. ARTICLE IX – SENIORITY SECTION 9.1 DEFINITION Seniority shall, for the purposes of this Agreement, be defined by an employee’s length of continuous departmental service since the date of hire with the department in a position covered by this Agreement. SECTION 9.2 APPLICATION OF SENIORITY In the application of seniority for layoffs and recalls, the City will abide by the provisions of the Illinois State Statutes for employees covered by this Agreement. Promotions shall be governed by applicable Board of Fire and Police Commissioners Rules. Seniority with respect to vacation leaves shall be as contained in Article XV. Upon the initial posting/pick of vacations only when time off scheduling and seniority are in conflict, seniority shall prevail insofar as possible and upon approval of the Chief of Police or his authorized representative. SECTION 9.3 TERMINATION OF SENIORITY Seniority and the employment relationship may, at the City’s discretion, be terminated when an employee (a) quits, (b) retires or is retired, (c) is laid off for a period in excess of applicable Illinois Statute, or (d) is discharged. The parties agree the following reasons, among others, constitute a 11 cause to file for discharge when an employee (1) is absent for three (3) consecutive workdays without notifying the Chief of Police or Shift Supervisor, (2) is laid off and fails to notify the Board of Fire and Police Commissioners of his intention to return within three (3) City business days, exclusive of holidays, after receiving notice of recall or fails to return at the designated time, or (3) does not report to work within forty-eight (48) hours after the termination of an authorized leave of absence. The Chief of Police shall advise the Board of Fire and Police Commissioners in writing of all such personnel transactions. SECTION 9.4 PROBATIONARY PERIOD – NEW EMPLOYEES All new officers shall be considered probationary employees until one year after they begin the Department’s field training program. The probationary period is to be used to test further the ability of the employee to perform the required duties of the position successfully. If the employee fails to maintain adequate performance evaluations during this period or otherwise displays any trait or conduct which would not be in the best interests of law enforcement, he may be dismissed. SECTION 9.5 SENIORITY ROSTER The City shall maintain a seniority roster noting the date of hire and current classification of each bargaining unit employee. The PSEO shall be provided with a copy of the seniority roster once per year. Any objection to the seniority roster as provided by the City Manager’s Office shall be reported in writing to the City Manager’s Office within fifteen (15) workdays of the date of deliverance of the seniority roster. SECTION 9.6 SAME DAY HIRES Seniority shall be computed from the date of appointment. In the event of a layoff, if more than one person is hired on the same day, then that person occupying the higher position on the respective appointment list shall have greater seniority. SECTION 9.7 LAYOFF AND RECALL The City, at its discretion, shall determine whether layoffs are necessary. Layoffs shall ordinarily be for a lack of work and/or lack of funds. If it is determined that layoffs are necessary, employees will be laid off in the following order: (a) probationary employees in their original probationary period and (b) in the event of further reduction in force, employees covered by this Agreement will be laid off in the inverse order of their departmental seniority as governed by Illinois State Statutes. Employees who are laid off shall be placed on a recall list as specified in the Illinois State Statutes. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff. Employees who are eligible for recall shall be given two (2) weeks’ notice of recall unless an extension is granted in writing by the Chief of Police. Notice of recall shall be sent to the employee by certified or registered mail with a copy to the PSEO. The City shall be deemed to have fulfilled 12 its obligations by mailing the recall notice by registered mail, return receipt requested, to the mailing address provided by the employee – it being the obligation and responsibility of the employee to provide the Chief of Police with his latest mailing address. SECTION 9.8 RESIGNATIONS In order to resign in good standing, a probationary or permanent employee shall give at least two (2) weeks’ notice in writing of his intention to resign. No employee may take time off during the last two (2) weeks of his employment unless approved prior to the notice of intention to resign. The City Manager is given the discretion of waiving the provisions of this notice should unforeseen circumstances warrant. ARTICLE X – FILLING OF VACANCIES SECTION 10.1 PERMANENT VACANCY For the purposes of this Article, a permanent vacancy is created when the City Manager, upon notification by the Chief of Police, determines to increase the work force and to fill a new position or when any of the following personnel transactions take place in the bargaining unit and the City Manager, upon request of the Chief of Police, determines to replace the previous incumbent: resignations, terminations, promotions or demotions. SECTION 10.2 METHOD OF FILLING VACANCIES All vacancies covered by this Agreement will be filled as per the current practice of the Board of Fire and Police Commissioners. ARTICLE XI – EMPLOYEE DISCIPLINE SECTION 11.1 DISCIPLINARY ACTIONS The Chief of Police may discipline or file charges to discharge any police officer. Disciplinary actions and personnel actions shall be in accordance with applicable laws including those pertaining to the Board of Fire and Police Commissioners or as otherwise set forth in this Agreement. SECTION 11.2 CORRECTIVE DISCIPLINE The City agrees with the tenets of progressive and corrective discipline where appropriate. Once the measure of discipline is determined and imposed, the City shall not increase it for the particular act of misconduct unless new facts or circumstances become known. SECTION 11.3 DISCIPLINARY MEETING If an alleged violation falls within the scope of the Board of Fire and Police Commissioners’ jurisdiction, all disciplinary meetings shall be conducted as per the current “Uniform Peace 13 Officers’ Disciplinary Act” of the State of Illinois. The parties agree that such proceedings and decisions thereof shall not be subject to the grievance procedure. If the alleged v iolation is outside the Board of Fire and Police Commissioners’ jurisdiction, such disputes shall be subject to the grievance procedure. All such decisions rendered by either the City or the Board of Fire and Police Commissioners shall be mutually exclusive. ARTICLE XII – PERSONNEL FILES SECTION 12.1 MAINTENANCE The commander of the Galesburg Police Department’s Staff and Services Division shall keep a departmental personnel file for each officer currently appointed to the department. The City Manager’s Office shall also retain a “Central File” for each officer currently appointed to the department. Supervisors may also retain a working file for officers currently assigned to their command. This file will contain job-related information which would be beneficial to the supervisory personnel when completing an officer’s performance evaluation. Upon request of the officer, any written warning retained in the central file may be removed after a four-year (4-year) period providing that there has been no recurrence of the conduct which led to that written warning. As of the effective date of this Agreement, the material maintained in the central file shall be the only material which may be used as the basis of disciplinary action directed toward any officer. All files referenced above shall be considered and treated as confidential. SECTION 12.2 INSPECTION Upon appropriate written request to the City Manager’s Office or the commander of the Galesburg Police Department’s Staff and Services Division, an employee may inspect either or both of his personnel files (the departmental file and the central file) within seven (7) working days subject to the following: inspection shall occur during normal working hours and at a time and in a manner mutually acceptable to the employee and the City. Employees shall be limited to two (2) such requests per year. SECTION 12.3 NOTIFICATION Employees shall be notified when a formal written warning is placed in their personnel file and shall be given a copy of such warning. SECTION 12.4 REBUTTALS An officer may file a written rebuttal concerning any non-confidential material in his personnel file. 14 ARTICLE XIII – EVALUATIONS All officers shall be entitled to and provided with a periodic evaluation of their job performance. The Chief of Police shall ensure that the evaluations, by the forms utilized and the methods used by the immediate supervisor, remain equitable for all officers so evaluated. The Officer Performance Evaluations shall be completed annually for each officer on or near that officer’s anniversary date with the Galesburg Police Department The evaluation shall be discussed with the officer and each officer shall be given a copy immediately after completion of the evaluation and shall sign the evaluation as recognition of having read it. An officer may submit a written rebuttal to said evaluation. ARTICLE XIV – PERSONAL DAYS Each officer shall receive credit for four (4) paid days off each fiscal year for personal reasons. A personal day must be scheduled with or approved by the officer’s immediate supervisor a minimum of one (1) working day before it is used. If an officer arrives on duty and manpower permits, he may take that day as his personal day without prior scheduling; and, in any event, each personal day is subject to scheduling availability. If at the end of the fiscal year an officer has unused personal days to his credit because one or more requests for use of a personal day has been denied in writing by supervision, then he shall be paid for any such credited but unused personal days within thirty (30) days of the close of that fiscal year. Personal day hours are earned and shall be posted January 1st of each fiscal year. ARTICLE XV – VACATIONS SECTION 15.1 VACATION ACCUMULATION Officers covered by this Agreement shall accrue paid vacation leave up to the maximum accumulation specified herein as of their respective anniversary date. Bi-weekly accrual rates shall be determined by dividing all vacation hours including vacation in lieu of holiday by twenty-six (26). The accumulation (sections a, b, c, and d) includes the extra day’s vacation in lieu of holidays as stated in Section 15.3 a. Zero (0) years through the sixth (6th) year (72 months) of continuous employment, the accrual shall equal one-hundred sixty (160) hours per year, or 6.1538 hours bi-weekly. b. Beginning the seventh (7th) year, (73 months) and through the thirteenth (13th) year (156 months) of continuous employment, the accrual shall equal two hundred (200) hours per year or 7.6923 hours bi-weekly. c. Beginning the fourteenth (14th) year (157 months) and through the twenty-first (21st) year (252 months) of continuous employment, the accrual shall equal two-hundred fort y (240) hours per year or 9.2307 hours bi-weekly. 15 d. Beginning the twenty-second (22nd) year (253 months) of continuous employment, the accrual shall equal two-hundred eighty (280) hours per year, or 10.7692 hours bi-weekly. Vacation shall be taken the year following its accrual except as provided herein or upon written permission of the Chief of Police. SECTION 15.2 ELIGIBILITY REQUIREMENTS In order to be eligible for a full vacation under Section 15.1, an officer must have full-time status and have been employed by the City for one (1) year. Employees may not be granted vacation leave if it will result in a negative balance on the books unless approved by the Chief of Police. SECTION 15.3 VACATION SCHEDULING Vacation shall be scheduled at times most desired by each officer provided, however, the final right to designate the vacation period is exclusively reserved to the City. One week of annual vacation may be taken in single day multiples. Each officer affected by the vacation time in lieu of holiday provision may take his vacation leave with pay consecutively subject to scheduling availability. Each officer affected by the above provision will receive an extra ten (10) days of vacation in lieu of one (1) paid day off annually for his birthday and for nine (9) paid holidays annually (New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day). SECTION 15.4 MAXIMUM ACCRUAL Vacation may be accumulated up to a maximum of 280 hours as of January 1 of the calendar year. During January of each calendar year, the City will perform an administrative review of each officer’s accumulated vacation. If that review determines that any officer’s accumulated vacation exceeds 280 hours, that accumulated vacation total shall be reduced to 280 hours. Each officer is expected to monitor his accumulated vacation and to request such vacation time as may be needed to reduce his accumulated vacation total to 280 hours prior to January 1. Officers may also sell back forty hours of vacation time per fiscal year at the officer’s then current rate of pay and have the monies deposited into their ICMA deferred compensation account. This option of vacation time sell back shall only be available to officers who have at least 140 hours of currently accrued accumulated vacation. SECTION 15.5 SEPARATION Upon termination, each covered employee shall be paid all accumulated hours of earned vacation as determined by the official City records maintained by the Finance Department. Any fractional day of vacation leave accrual existing at termination of an employee shall be rounded to the next full hour. SECTION 15.6 RETIREMENT, RESIGNATION Upon retirement or resignation with 20 years or more of service, each covered employee may be paid up to a maximum of two hundred eighty (280) hours of earned vacation as determined by 16 the official City records. ARTICLE XVI – LEAVES SECTION 16.1 GENERAL LEAVE OF ABSENCE Bargaining unit employees shall submit requests for paid or unpaid leave of absence in writing to the Chief of Police for review by the City Manager. The City Manager may grant the request for such leave of absence for good and sufficient reason and shall, at his discretion, set the terms and conditions of the leave, including whether or not the leave is to be paid. The Chief of Police may recommend vacation, injury/workers compensation and/or sick leave with pay. SECTION 16.2 MILITARY LEAVE Military leave shall be granted in accordance with applicable law. SECTION 16.3 JURY DUTY LEAVE Any officer may be granted a leave of absence with pay if called for jury duty. Since it is not the intention of the City that an officer receive more compensation for jury duty than he would if he were performing his normal duties, an amount equal to the jury duty may be deduced from his City pay. The officer may request in writing that the Finance Department not deduct jury pay and then turn in the jury check to the City when received. SECTION 16.4 SICK LEAVE In the event an officer is unable to work by reason of illness, off duty injury or pregnancy, the City may grant paid sick leave to officers with accumulated sick leave available. a. Sick Leave Accumulation: Permanent employees covered by this Agreement may accumulate sick leave at the rate of eight (8) working hours per month to a maximum of 1700 working hours. b. Eligibility: In order to be eligible for paid sick leave, each officer covered by this Agreement agrees to: (1) Report promptly and daily to the Chief of Police or shift supervisor the reason for his absence unless extended by a physician in writing for specific time of absence prior to returning to work. (2) Use sick leave only for personal sickness, injury or exposure to a contagious disease except for point 3 below and to bear the burden of proof of such sickness if required by the City. (3) May also use sick leave with pay for absences necessitated by illness, injury, death or 17 exposure to contagious disease by a member of his immediate family. The presence of the officer must be actually and immediately required for bona fide serious circumstances or emergencies, as determined by the Chief of Police and absences from duty shall not exceed the period of actual need. Immediate family is defined as the following relation to the employee or his spouse: spouse, parent, step-parent, sibling, child, step-child, grandparent, and grandchild. The word “spouse” shall include civil partners. If an employee’s sick leave hours fall below zero, he is no longer eligible for sick leave pay. c. Routine Care: With prior approval and sufficient notice, leave for routine (less than four hours) doctor, dental or other medical appointments shall be charged to the officer’s regular and/or accumulated sick leave in one-hour (1-hour) multiples for the period the officer is off work. d. Certification: If the City has reasonable grounds to believe sick leave is being abused, it may, at its discretion, require any officer requesting paid sick leave to furnish substantiating evidence or a statement from his at tending physician certifying that absence from work was required due to medical reasons. Any officer who is sick for more than three (3) consecutive days may be required to secure and submit a physician’s release certifying that he is fit to return to work. This release must be submitted to the Chief of Police before the officer will be permitted to return to work. e. Sick Leave Bonus: Officers will be given one (1) day’s pay (8 hours) for each consecutive six (6) months’ service (January through June and July through December) in which no sick leave was taken. f. Sick Leave Payout: All officers covered by this Agreement, upon separation from the City with a minimum of twenty (20) years of continuous service, or electing to retire under the provisions of the City’s Police Pension Fund, shall be entitled to receive payment in the amount of 30% of one thousand one hundred twenty (1120) sick leave hours maximum he may have on the official City records in the Finance Department at the time of separation or retirement, to be paid at the actual hourly rate of pay. This applies to retirement and separation with a minimum of twenty (20) years of continuous service, and does not involve separation from City service for any other cause or disability leave. SECTION 16.5 WORKERS COMPENSATION 5 ILCS 345 is incorporated into and made a part of this Agreement. All injuries must be reported in writing as soon as possible or within three (3) days by the officer or his supervisor in order to be eligible for injury leave and also the workers compensation benefits as provided by the City. The officer shall be responsible for causing a report by the attending physician to be submitted to the Risk Manager each time that the officer is examined by the attending physician and every thirty (30) days thereafter. The Risk Manager shall provide forms to the officer for this purpose. Because the payments for workers compensation benefits are not earnings subject to Federal or State taxes, and th e payments are excludable from earnings for 18 pension fund deductions, the Finance Department may pay for the injury leave in the following manner: (1) Each bi-weekly pay period which occurs during the period of paid injury leave, the officer will receive a check for workers compensation benefits, the amount of which check shall be computed in accordance with the rules and regulations of the Illinois Workers’ Compensation Commission. No deductions of any kind shall be made from this payment. (2) In addition, for each bi-weekly pay period of paid injury leave described above, the officer will receive a check in an amount equal to the difference between the officer’s regular bi-weekly salary and the amount paid as workers compensation benefits per (1) above. The salary paid per this check shall be subject to all applicable deductions and withholding for various taxes. The withholding of Federal and State taxes and mandatory deductions for pension funds of course take precedence over voluntary deductions such as credit union or union dues., etc. SECTION 16.6 DISABILITY LEAVE If an officer becomes disabled as a result of illness, on or off duty injury or pregnancy and is disabled from performing his duty, and if the disability persists for one (1) month or more, the officer may be eligible to receive disability benefits under the police pension fund. Such disability shall be considered disability leave and such officer may be granted a leave of absence from the City’s service for the length of disability. If it appears upon verification by at least three (3) competent medical authorities that the officer will be permanently disabled, the officer must apply for a disability pension upon the request of the Chief of Police to the City Manager. Once an officer has been on leave for thirty (30) months or more, his status as a municipal employee will be governed by current Illinois State Statutes. No officer will be allowed to return to work without a written release from the attending physician. SECTION 16.7 LEAVE OPTIONS Officers shall have the option of using earned accrued sick leave, workers’ compensation leave or disability leave as provided by the police pension fund for leaves under this section, provided that leaves shall not be taken concurrentl y (only one of the three types may be taken at any one time). SECTION 16.8 BENEFITS WHILE ON LEAVE This section addresses seniority, sick leave, vacation and employment credits while an officer is on a paid and unpaid leave of absence. Insurance benefits while on leave of absence are addressed in Section 18.4 and 18.4A. (1) Seniority, sick leave, vacation and employment credits shall continue to accrue, in the manner and rate prescribed in this contract when an officer is on sick leave (including pregnancy and off-duty injury); such accrual shall continue until all accumulated sick leave has been expended. (2) Seniority, sick leave, vacation and employment credits shall continue to accrue in the manner and rate prescribed in this contract when an officer is on workers compensation leave for a period of not more than one hundred eighty three (183) consecutive days. (3) Seniority, sick leave, vacation and employment credits shall continue to accrue, in the 19 manner and the rate prescribed in this contract, when an officer is on disability leave (including but not limited to: pregnancy, on or off-duty injury or illness) for a period of not more than one hundred eighty three (183) consecutive days. (4) Seniority, sick leave, vacation and employment credits shall cease to accrue when an officer on workers compensation or disability leave in excess of one hundred eighty three (183) days. (5) Seniority, sick leave, vacation and employment credits for an officer granted an unpaid leave of absence shall cease to accrue effective the date an officer begins that unpaid leave of absence. Unless otherwise stated in this Section, seniority, sick leave, vacation and employment credits will begin to accrue, in the manner prescribed, in this contract upon the termination of the leave of absence and the return to duty of the officer. Upon the return of an officer on disability leave, including but not limited to pregnancy, on or off-duty injury or illness, the City will place the officer in a position similar to the duty assignment held prior to the effective date of the disability. SECTION 16.9 FORFEITURE OF BENEFITS Any officer covered by this Agreement who violates Article VI of this Agreement will automatically forfeit any and all covered benefits that he may enjoy. ARTICLE XVII – WAGES SECTION 17.1 GENERAL Effective January 1, 2021, the pay range and pay steps for the classification of Police Patrol Officer shall be as set forth in the salary schedules attached as Appendix C. Wages shall be adjusted for the term of this Agreement as follows: January 1, 2022 – An additional 2.5% increase January 1, 2023 – An additional 2.5% increase SECTION 17.2 STEPS AND RANGES The normal beginning rate for a new employee will be the minimum rate in the established range for the class or position as specified in the City’s Salary Schedule. However, the City Manager may, in special cases, authorize initial appointment above the minimum. Incremental steps within established salary ranges are to provide a means of recognizing outstanding performance and continued good service. Ordinarily, employees progress from Step A to Step B at the end of one year’s service; then annually on the anniversary date thereafter until the last step in the pay range has been reached. 20 SECTION 17.3 LONGEVITY Each employee covered by this Agreement, shall have the following amounts added to his base wages: Upon 5 years’ service – increase base pay by 2% Upon 10 years’ service – increase base pay by 4% Upon 15 years’ service – increase base pay by 6% Upon 20 years’ service – increase base pay by 8% Upon 25 years’ service – increase base pay by 10% Base pay shall be the hourly rate as referenced in the City’s Classification and Salary Schedule for which the employee is eligible, excluding any other pay adjustment or compensation provided herein. SECTION 17.4 CANINE OFFICER An employee assigned as Canine Officer shall receive three and three-quarter (3.75) hours of additional straight-time pay in each fourteen (14) day pay period, such additional compensation to be used in the calculation of overtime. Additionally, the canine officer shall be entitled to ten (10) hours of canine flex time per month in lieu of kennel time. The canine flex time shall be preapproved by the canine officer’s supervisor. The canine officer shall be allowed to either (1) leave shift early and supplement his normal workday with canine flex time (paid straight-time) or (2) replace a normal eight hour shift. SECTION 17.5 SEVERANCE PAY At the time of the regular retirement from active service under the provisions of the Police Pension Fund or upon separation from the City with a minimum of twenty (20) years of continuous service, all officers shall be entitled to severance pay equal to two (2) weeks’ actual salary. This is a one- time only benefit and credit will not be given for part-time or temporary service. The City will compute severance pay on actual wages rather than base wages. SECTION 17.6 PAYROLL DEDUCTIONS AND DIRECT DEPOSIT If the employee so desires, the Finance Department may make certain deductions from his check. Among these are savings and payments to the credit union, United Way contributions and additional withholding tax. All deductions must be requested in writing, dated, and signed by the employee. Pursuant to the mutual agreement of the parties, the City has implemented a direct payroll deposit program applicable to officers covered by this Agreement. 21 SECTION 17.7 UNIFORM CLEANING The City shall provide each officer the equivalent of two hundred fifty dollars’ ($250.00) worth of dry cleaning services during each fiscal year of this Agreement. Such services will be determined by the Purchasing Division, as per past practices. SECTION 17.8 ACTING PAY An officer who is assigned by the Chief or his designee to perform, and does in fact perform, the duties of a higher-ranking officer for four (4) or more hours on any duty day shall receive one (1) hour of compensatory time off or pay, computed at straight time. SECTION 17.9 FTO PAY An officer who has been certified as a field training officer (FTO) and who is working as an FTO by assignment of the Chief or his design ee, shall receive one (1) hour of compensatory time off or pay, computed at straight time, for each eight (8) hours of assigned FTO duty. ARTICLE XVIII – GROUP BENEFITS SECTION 18.1 GROUP MEDICAL COVERAGE Plans, which provide certain basic benefits and comprehensive major medical benefits to age sixty- five (65) will be made available to permanent full-time officers and their dependents and retired employees and their dependents. Plans which provide benefits supplemental to Parts A and B of Medicare are available to the aforementioned persons upon the attainment of age sixty-five (65). These plans of medical coverage available to the officers and their dependents, whether the officer is an active full-time employee or a retired employee, are dictated by the age of the persons involved. Continuation of medical benefits will be offered at group rates to certain eligible employees and beneficiaries whose coverage would otherwise have terminated. Former employees and beneficiaries will pay the premium and must notify the City of their intention to continue the coverage within sixty (60) days beginning on the date that coverage would have terminated under the group health plan. Details of these benefits are further explained in the Employee Health Plan summary plan document. Officers who have been placed on temporary or permanent disability by the Police Pension Fund (including pregnancy or off duty injury leave in excess of one hundred eighty three (183) days) may remain on the City’s group medical plan at the officer’s cost until age sixty-five (65) except as specified in Section 18.3A. SECTION 18.2 PERMANENT FULL-TIME EMPLOYEES AND DEPENDENTS Each plan coverage month begins on the first day of the calendar month. Officers under this contract will be eligible for the group coverage on the first day of the coverage month next following the 22 date that the officer commences to work. If the officer does not enroll all eligible dependents upon the first instance of eligibility for the insurance, dependents may be added at subsequent open enrollment periods. An eligible dependent shall include the insured officer’s spouse and unmarried dependent children, as per the current plan provisions. During the term of this Agreement, employees covered by this Agreement will contribute the monthly amounts specified in Appendix D toward the cost of group health insurance under the City’s plan. In the event that annual premiums for the medical insurance program (health, vision and dental) increase more than 4.0% for any annual renewal, the amount above the 4.0% increase shall be shared pro rata between the City and employee based on the current pro-rata share for the employer and employee under their current healthcare plan. The pro-rata share is shown in Appendix D which outlines the current health insurance contribution rates for the parties. Also during the term of this Agreement, modifications to plan benefits, including but not limited to changes in coverage, deductibles, co-pays, and out-of-pocket maximum payments, may occur as necessary to maintain plan solvency. The city will pay the total premium, less employee contribution, for the employee only for Medicare insurance and for the supplement to Medicare insurance when an employee attains age sixty-five (65), but has not yet retired. SECTION 18.3 HEALTH SAVINGS ACCOUNTS (HSA) For employees who elect coverage under the “High Deductible Plan” the City will make a contribution of $750 for single coverage and $1,500 for family coverage to a Health Savings Account (HSA) for each plan year. Employees who elect coverage under a plan other than the “High Deductible Plan” are not eligible for an HSA and no City contribution will be made. SECTION 18.4 EMPLOYEES ON NON-DUTY RELATED INJURY DISABILITY LEAVE Subject to the Employee Health Plan, an employee on non-duty related injury disability leave may remain in the group medical plan, but the employee must pay the full employee premium and the full dependents’ premium, if any. SECTION 18.4A EMPLOYEES ON DUTY RELATED INJURY/DISABILITY An officer who has been injured/disabled in the line of duty and who has been placed on permanent disability leave shall remain in the group medical plan, and the City will continue to pay the employee’s insurance premium, less employee contribution. Dependent insurance premiums shall be paid in total by the employee (insured/disabled officer). If the officer on such permanent duty related injury disability takes employment elsewhere and is covered by a group medical plan, including major medical benefits, by that employer, health care coverage by the City of Galesburg shall cease. SECTION 18.5 RETIRED EMPLOYEES AND DEPENDENTS 23 Upon retirement or resignation with 20 or more years of service, an officer may retain the same insurance plan he had as a City employee. Unless he exercises his opt-out right under Section 18.6 of this Agreement, the City will bear the cost of the total premium for the employee-only insurance to age sixty-five (65). If an insured person attains the age of sixty-five (65), be it the retired employee or a dependent, then said employee or dependent is eligibl e for coverage as described in the first paragraph of Section 18.1. Any insured person who attains the age of sixty- five (65), be it the retired employee or a dependent, immediately becomes eligible for the supplement to Medicare insurance and all other insurance is terminated in regard to that person. SECTION 18.6 OPT-OUT RIGHT Any employee who is employed and covered by this Agreement as of the date of ratification by both parties shall have the right to opt out of (waive) the City’s obligation to pay the cost of retiree health benefits as provided in Section 18.5. In consideration of such a waiver, the employee shall be entitled to the retirement health benefits provided under the Retiree Health Savings Plan (“RHSP”) set forth in Article XIX. Such waiver rights shall be exercisable during open enrollment periods established at least annually by the City. Once an employee exercises his right to waive the premium payment obligations of the City under Section 18.5, he shall be covered by the provisions of Article XIX and, while retaining an y statutory right that he may have to remain in the group covered by the City health plan, shall no longer be eligible for City-paid health care coverage as provided by Section 18.5. Such opt-out election shall be irrevocable. SECTION 18.7 PSEO AND MANAGEMENT LIABILITY The failure of any insurance carrier to provide any benefit for which it has contracted, shall result in no liability to the City, or to the PSEO, nor shall such failure be considered a breach by the City or PSEO of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier from any liability it may have to the City, PSEO, employee, or beneficiary of any employee. The terms of any contract or policy issued by an insurance carrier shall be controlling in all matters pertaining to benefits thereunder. SECTION 18.8 RIGHT OF CONSULTATION A difference between an employee (or his beneficiary) and the insurance carrier(s) shall not be subject to the grievance procedure provided for in any collective bargaining agreement between the City and the PSEO. The City will, however, designate a representative who will be available for consultation with claimant employees so that a full explanation may be given with respect to the basis of disposition of claims and so that claimants may be assisted by the City in receiving all the benefits to which they are entitled under the terms and conditions of any contract or policy issued by the carrier. SECTION 18.9 HEALTH BENEFITS ADVISORY COMMITTEE One member of PSEO shall be allowed to sit in on all health benefits advisory committee meetings. This will be a non-voting position, however, and said employee will be allowed to give his advice 24 regarding proposed changes in the coverage of City employees. Further, the City shall give proper notice to all members of the committee at least two (2) days prior to said meeting. SECTION 18.10 LIFE INSURANCE During the term of this contract, the City of Galesburg shall provide each full-time officer with a paid ten thousand dollar ($10,000.00) group term life insurance policy while on active duty with the Galesburg Police Department. The City of Galesburg reserves the right, at its sole discretion, to select the insurance company through which such group term life insurance policy is to be issued, and to change the insurance carrier. In this same regard, the City of Galesburg also reserves the right, at its sole discretion, to provide such group term life insurance benefits through its own self-insurance program. When the City of Galesburg’s group term life insurance benefit is provided through an insurance company, the benefit shall be subject to the provision of the policy between the City of Galesburg and the insurance carrier. The failure of any insurance carrier to provide any benefit for which it has contracted shall result in no liability to the City of Galesburg or to the PSEO, nor shall such failure be considered a breach by the City of Galesburg or the PSEO of any obligation undertaken pursuant to this or any other Section in this Agreement. However, nothing contained in this Section shall be construed to relieve any insurance carrier from any liability it may have to the City of Galesburg, the PSEO, an officer, or the beneficiary of an officer. The City of Galesburg and the PSEO shall, as necessary, take appropriate steps to require and obtain contract compliance from the insurance carrier. SECTION 18.11 GROUP DENTAL PLAN For employees covered by this Agreement, a group dental plan is available from a company selected by the City Manager. A plan which provides certain benefits to age sixty-five (65) is available to permanent full-time employees and their dependents. The City will pay the employee’s dental premium. ARTICLE XIX - RETIREE HEALTH SAVINGS PLAN SECTION 19.1 ESTABLISHMENT The City has established a Retiree Health Savings Plan (RHSP) through the ICMA Retirement Corporation (“ICMA-RC”). The City’s participation in the RHSP shall be in accordance with the terms and conditions of the RHSP participation agreement. SECTION 19.2 REGULAR CONTRIBUTIONS: NEW EMPLOYEES AND OPT-OUT EMPLOYEES Employees who are hired after the date of ratification of this Agreement by both parties (“new employees”) and those current employees who elect irrevocabl y to opt out of (waive) the City’s 25 obligation to pay health insurance premiums for them upon retirement, as provided in Section 18.6 (“opt-out employees”), shall be entitled to retiree health insurance by means of their participation in the RHSP but shall not be eligible for City-paid health insurance premiums upon retirement as provided by Section 18.5. For each such new employee and opt-out employee, the City shall contribute on or about the first payroll date in January (“the contribution date”) during each year of this Agreement remaining after the date of ratification of the Agreement by both parties, or upon the successful conclusion of an employee’s probationary period, if later, $1,000 plus .25 percent (one-quarter of one percent) of annual salary as of the contribution date to the employee’s Retiree Health Savings Plan account maintained by ICMA-RC. ARTICLE XX – PENSIONS During the term of this Agreement employees shall continue to participate in the Police Pension Fund in accordance with and subject to the provisions of the Statutes of the State of Illinois now applicable or as they may hereafter be amended. ARTICLE XXI – RESIDENCY All employees are required, as a condition of their continued employment with the City, to maintain their principal residences within a radius of twenty (20) miles, by straight-line radius and not as determined by means of a surface streets and roads measurement, from Galesburg City Hall. This residency requirement shall be construed to mean actual “in fact” living and residing within the area described herein. Any person appointed to a permanent City position shall become a resident of the described area within thirty (30) days after the expiration date of such employee’s probationary period if the employee is to be continued in the City’s service. ARTICLE XXII – MISCELLANEOUS PROVISIONS SECTION 22.1 DRIVER’S LICENSE All police officers, as a condition of appointment, shall be required to possess and maintain a valid Illinois driver’s license. The Chief of Police may, to ensure the legal operation of departmental equipment, require additional driver’s license classifications to be obtained and maintained as necessary. SECTION 22.2 MOTORCYCLE LICENSES Upon application to and approval by the Police Chief or his designee, bargaining unit members will be allowed to acquire motorcycle licenses on paid duty time, and the City will pay the licensing fees involved. For any officer choosing to receive the benefits of this provision, the City reserves the right, at its expense, to require the officer to receive motorcycle training of the City’s choosing. 26 SECTION 22.3A SERVICE OF NOTICES Notices hereunder shall be deemed to have been adequately given if served by registered mail or hand-delivered with acknowledgment receipt upon the persons named below at the address indicated unless otherwise notified in writing. NOTICE TO THE PSEO SHALL BE ADDRESSED TO: PSEO President 150 South Broad Street Galesburg, Illinois 61401 NOTICE TO THE CITY SHALL BE ADDRESSED TO: City Manager 55 West Tompkins Street Galesburg, Illinois 61401 SECTION 22.3B EMPLOYEE NOTICE TO EMPLOYER Employees shall notify their supervisor within seventy-two (72) hours, or the next working day, whichever occurs sooner, of any changes in address or telephone number. The supervisor will inform the City Manager’s Office in writing immediately of any such transaction in order to update the central personnel records maintained by the City Manager’s Office. SECTION 22.3C PSEO NOTICE TO EMPLOYER The PSEO agrees to furnish the City with a list of names and positions held and to immediately notify the City of any changes thereto. Such notices shall be delivered in writing to the City Manager’s Office following any and all elections. SECTION 22.4 DEPARTMENTAL RULES The Chief of Police may adopt, change or modify work rules. Whenever the Chief of Police changes work rules or issues new work rules, the PSEO will be given at least three (3) days’ prior notice, absent emergency, before the effective date. The Chief of Police will provide each officer with a copy of the approved Police Department’s Rules and Regulations. All officers shall agree to follow and adhere to all rules, regulations and general and special orders so long as they are in full force and effect. Whenever there is a clear conflict between the Departmental Rules and this Agreement, this Agreement shall take precedence. SECTION 22.5 OUTSIDE EMPLOYMENT Police officers may not carry on concurrently with City employment any private business, undertaking or employment which affects the time or quality of their work or which casts discredit upon or creates embarrassment for the City government. All outside employment shall be 27 approved by the Chief of Police. SECTION 22.6 PERSONAL USE OF CITY PROPERTY The use of City property for personal use is prohibited. SECTION 22.7 PHYSICALS It shall be the responsibility of each officer to maintain the standards of physical and mental fitness required for the safe and satisfactory performance of the police mission. If the Chief of Police, upon direct observation, investigation and/or as a result of information submitted to that office by a command officer, supervisory officer or police officer, has reason to believe that the physical or mental condition of any Galesburg police officer may endanger the health or safety of that officer or any other officer or person, the Chief may direct that officer to submit to medical examination by a physician. The examination may consist of those tests deemed appropriate by the examining physician including the processing of body fluids. SECTION 22.8 DRUG AND ALCOHOL POLICY The drug and alcohol policy applicable to bargaining unit members shall be as set forth in Appendix B to this Agreement. SECTION 22.9 POLITICAL ACTIVITY No person holding a position in the police department shall use any official authority or influence to coerce the political action of any person or body or to influence any election. Nothing in this section shall be construed to prohibit or prevent any person from: a. Becoming or continuing to be a member of a political club or organization. b. Attending political meetings. c. Enjoying entire freedom from all interference in casting his or her vote. d. Expressing privately his or her opinion on any political question. SECTION 22.10 PERSONNEL RULES The City’s Personnel Rules are not applicable to PSEO bargaining unit employees. SECTION 22.11 TELEPHONE All Galesburg police officers shall be required to obtain and maintain an operating telephone at their place of residence. Such telephone shall be listed in the officer’s name. Officers shall ensure that the Department has a current telephone number listing and shall further ensure that any 28 changes in the number are reported to the Department by notifying the officer’s immediate supervisor within three (3) actual work days. ARTICLE XXIII – SAVINGS CLAUSE If any provision to this Agreement or the application of such provision should be rendered or declared invalid by any court action or by reason of any existing or subsequently-enacted legislation by the State of Illinois or the United States of America, the remaining parts or portions of this Agreement shall remain in full force and effect. The parties shall attempt to renegotiate the invalidated provisions. ARTICLE XXIV – 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 the Agreement. ARTICLE XXV – AMENDMENTS This Agreement may be amended only by the mutual written agreement of the parties. Such amendments shall be lettered, dated and signed by the parties and they shall constitute a part of this Agreement. ARTICLE XXVI – TERMINATION This Agreement shall be effective as of _________ and shall remain in full force and effect until 11:59 p.m. on the thirty-first (31st) day of December, 20223. It shall be automaticall y renewed from year to year thereafter unless either party 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 anniversary date. This Agreement shall remain in full force and be effective during the period of negotiations for a period of thirty (30) days after the anniversary date unless otherwise mutually extended. Executed this _____ day of _____________, _______ after ratification by the union membership and after receiving approval by the City Council. 29 CITY OF GALESBURG PUBLIC SAFETY EMPLOYEES’ ORGANIZATION City Manager President Chief Negotiator Witness Police Chief Witness 30 APPENDIX A – AUTHORIZATION FOR PSEO DUES I hereby authorize the Finance Department to deduct from my earnings, twice per month, one- half of the regular monthly dues, uniform in dollar amount, in the amount certified by the Financial Officer of the PSEO; and further authorize the remittance of such amounts to said local organization in accordance with the currently effective agreement between the City of Galesburg and the PSEO. This authorization is revocable by a notice in writing by certified mail to the Finance Department with a copy to the PSEO. I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization and further and separately relieve the City and department of the City, the PSEO and all other officers, representatives or agents from liability therefore. Dated: Name: Signature: 31 APPENDIX B – DRUG AND ALCOHOL POLICY DRUG AND ALCOHOL POLICY Section B.1. General Policy Regarding Drugs and Alcohol. The use of illegal drugs and the abuse of alcohol by bargaining unit members present unacceptable risks to the safety and well-being of other employees and the public, invite accidents and injuries, and reduce productivity. In addition, such conduct violates the reasonable expectations of the public that the employees who serve and protect them obey the law and be fit and free from the effects of drug and alcohol abuse. In the interest of employing persons who are fit and capable of performing their jobs, and for the safety and well-being of employees and residents, the City has established a program that will allow the City to take the necessary steps, including drug and/or alcohol testing, to implement a general policy regarding drugs and alcohol. The City of Galesburg and its Police Department have the responsibility to provide a safe work environment. In addition, they have a paramount interest in protecting the public by ensuring that their employees are physically and emotionally fit to perform their jobs while on duty. For these reasons, the abuse of alcohol substances by bargaining unit members is strictly prohibited on duty and, to the extent that such abuse constitutes conduct unbecoming an officer or adversely affects on-duty behavior or job performance, off duty. Violation of these policies will result in disciplinary action up to and including discharge. Section B.2. Definitions. A. “Drugs” shall mean any controlled substance listed in 720 ILCS 570/100 et seq., known as the Controlled Substances Act, for which the person tested does not submit a valid pre-dated prescription. In addition, it includes “designer drugs” which may not be listed in the Controlled Substances Act but which have adverse effects on perception, judgment, memory or coordination. Among the drugs covered by this policy are the following: Opium Methaqualone Psilocybin-psilocin Morphine Tranquilizers MDA Codeine Cocaine PCP Heroin Amphetamines Chloral Hydrate Meperidine Phenmetrazine Methylphenidate Marijuana LSD Hash Barbiturates Mescaline Hash Oil Glutethimide Steroids B. The term “drug abuse” includes the use of any controlled substance which has not been legally prescribed and/or dispensed. 32 Section B.3. Prohibitions. Police officers shall be prohibited from: 1. Consuming or possessing alcohol or proscribed drugs (drugs proscribed by the Controlled Substances Act) at any time during the work day on any of the City’s premises or job sites, including all City buildings, properties, vehicles and the officer’s personal vehicle while engaged in City business. 2. Using, selling, purchasing or delivery of any proscribed drug during the work day or when off duty. 3. Being under the influence of alcohol or proscribed drugs during the course of the work day. 4. Failing to report to their supervisor any known adverse side effects of medication or prescription drugs which they are taking. Violation of these prohibitions may result in disciplinary action, up to and including discharge. Section B.4. The Administration of Tests. The City may require an officer to submit immediately to breathalyzer, blood, and/or urine tests if there is reasonable suspicion for such testing. If an officer is required to undergo such testing based on reasonable suspicion, the City will provide the officer with the basis for such reasonable suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. The City may use breathalyzer tests as well as urine or blood tests for alcohol testing. For drug/alcohol tests not involving a breathalyzer, the City shall use only licensed clinical laboratories and shall have a supervisor accompany the officer being tested to the testing facility. The testing facility shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the officer is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted. An initial positive result shall not be submitted to the City unless a confirmatory test result is also positive as to the same sample. Upon request, the City shall provide an officer with a copy of any test results which the City receives with respect to such officer. A portion of the tested sample shall be retained by the laboratory so that the officer may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee s choosing and at the employee s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the employer from the list maintained by the City, the officer shall be 33 responsible for maintaining the proper chain of custody for said portion of the tested sample. Within two (2) working days after the test is administered, the officer may request a meeting with the Chief. At any such meeting, the officer may raise issues relating to the testing, including the basis for reasonable suspicion. The officer shall also have a one-time only option at this meeting to admit to a drug/alcohol problem and to seek assistance from the City’s Employee Assistance Program (“EAP”). If the employee invokes this option, the test results shall not be made available to the City. Except where the officer invokes the time one-time only option to admit to the problem and to seek assistance from the EAP, the results of any positive tests shall be made available to the City. If an officer tests positive for the use of a proscribed drug, the City may take such action as the City in its discretion deems appropriate, up to and including discharge but also including demotion or reassignment. The first time an officer tests positive for substance abuse involving something other than a proscribed drug, and/or if the officer invokes the one-time only option to admit to the problem and to seek assistance from the EAP, the officer shall be required to enter and successfully complete the EAP, during which time the officer may be required to submit to random testing, as determined by and for the duration specified by the EAP counselor, with the understanding that if the employee again tests positive the City may take such action as the City in its discretion deems appropriate, up to and including discharge. The City in any event retains the right to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section B.3 of this Appendix, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse. Section B.5. Voluntary Requests for Assistance. Except where there is imminent danger to the life of an employee or others and except where the officer has invoked the one-time only option to admit to the problem and to seek the assistance provided for in Section B.4, above, the administrator of the City ’s EAP shall maintain in strict confidentiality the fact that an employee has voluntarily sought assistance from the City’s EAP. Seeking confidential assistance from the City’s EAP shall not be grounds for disciplinary action; however, the seeking of such confidentiality assistance also shall not insulate an employee from the consequences of engaging in conduct prohibited by Section B.3. Section B.6. Expungement. If an officer is ordered to take a drug or alcohol test pursuant to this Policy, and the findings on either the initial or confirmatory test are negative, the test results as well as all records of and references to the test and/or the order to take the test shall be expunged from the officer’s personnel records. 34 APPENDIX C – SALARY SCHEDULE Personnel Represented by the Public Safety Employees' Organization Range Step A Step B Step C Step D Step E Step F Step G Step H Step I 19 P 27.29 27.97 28.67 29.38 30.12 30.87 31.63 32.43 33.24 35 APPENDIX D – HEALTH INSURANCE CONTRIBUTION RATES ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER May 17, 2021 AGENDA ITEM: 2021 Classification and Salary Schedule for Police employees. SUMMARY RECOMMENDATION: The City Manager and City Attorney / Administrative Services Director recommend the City Council approve the 2021 Classification and Salary Schedule. BACKGROUND: The attached 2021 Classification and Salary Schedule reflects a 2.5% cost of living increase, as agreed to in the agreement scheduled for approval. BUDGET IMPACT: Sufficient funding is available in the approved 2021 budget. SUPPORTING DOCUMENTS: 1. 2021 Classification and Salary Schedule for Police personnel. 21-4056 5/17/2021 Range Step A Step B Step C Step D Step E Step F Step G Step H Step I 19 P 27.29 27.97 28.67 29.38 30.12 30.87 31.63 32.43 33.24 Range Title 19 P (hourly base wage) Police Patrol Officer Sworn Employees in the Galesburg Police Department Personnel Represented by the Public Safety Employees' Organization Pay Ranges and Classification Titles TOWN OF THE CITY OF GALESBURG Date: May 17, 2021 Agenda Number: 21-9010 TOWN FUND $8,317.69 GENERAL ASSISTANCE FUND $3,663.08 IMRF FUND $2,355.26 SOCIAL SECURITY/MEDICARE FUND $2,467.17 LIABILITY FUND AUDIT FUND TOTAL $16,803.20 5/6/21 at 15:21:20.57 Vendor ID Name Ameren AMEREN ILLINOIS CityGa lesburgEXPENSE City of Galesburg CityGalesburg-GROUP City of Galesburg CityGa lesburgEXPENSE City of Galesburg IPAI IPAI OSI OFFICE SPECIALISTS, INC TOWN FUND Town Payment Due Report For the Period From Apr 27, 2021 to May 10, 2021 Trans Date Item ID Amount 5/5/21 5/1/21 5/5/21 5/5/21 5/6/21 5/6/21 5/6/21 4/30/21 4/30/21 5/3/21 5/3/21 5/3/21 5/3/21 5/5/21 Item Description Electric & Gas for service 3/2 Water & Sewer service 3/3/to 4 Stratus for TOWN - May 2021 Stratus for GA -May 2021 Group Insurance June 2021 for 252.73 252.73 25.40 69.43 39.20 134.03 4,932.66 4,932.66 � � 31.43 Services, Labor, Materials for Fuel 881.72 370.00 Northeast Conference: EXAM - R 370.00 Central Conference: SEMINAR - 320.00 Ethics for New Assessment Prof 320.00 Basics of Mass Appraisal 320.00 Property Valuation 320.00 Introduction to Assessment in 2,020.00 28.81 Office Supplies for Assessor's 28.81 Page:1