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2021_11_23 CC Packet
City Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, November 23, 2021 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. Action on the November 9, 2021 City Council minutes.ID 21-05533.B. MinutesAttachments: Page 1 City of Brookings November 23, 2021City Council Meeting Agenda - Final Action on Resolution 21-096, a Resolution Accepting South Dakota Solid Waste Management Program Grant (SWMP 2022G-SW-200) and Authorizing the City Manager to Sign the Grant Agreement and Other Grant Documents RES 21-0963.C. Resolution Grant Award Letter Attachments: Action on Volunteer Board, Committee, and Commission appointments.ID 21-05453.D. Action on annual Liquor and Wine Alcohol License Renewals for 2022.ID 21-05553.E. Action on Resolution 21-105, a Resolution Authorizing Change Order No. 1 for Apron and Taxilane Improvements Project AIP #3-46-0005-031-2019; Bowes Construction, Inc. RES 21-1053.F. Memo Resolution Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. SDSU Student Association Report. Informational Report: Civil Design Inc. findings from the City of Brookings’ Bridge Re-Inspection Program for 2021. ID 21-05585.B. Presentation Map Attachments: Presentation: Outside Agency Funding ProcessID 21-05485.C. Memo 2021 Outside Agency Funding Benefits of Partnering with United Way United Way Funding Process Funding Process Worksheet Narrative Attachments: 5.D. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6. Contracts/Change Orders: Page 2 City of Brookings November 23, 2021City Council Meeting Agenda - Final Action on Resolution 21-098, a Resolution Awarding Bids on Brookings City & County Lawn Care & Snow Removal Services. RES 21-0986.A. Memo Resolution Maps Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Action on Resolution 21-099, a Resolution Awarding Bids on City Crop Land Lease in Wiese and Freeland Additions. RES 21-0996.B. Memo Resolution Maps Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Action on Resolution 21-100, a Resolution Awarding Bids for Airport Hay Land Lease. RES 21-1006.C. Memo Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Action on Resolution 21-101, a Resolution Approving the Purchase of a New Automated Collection Truck. RES 21-1016.D. Memo Resolution Curbtender Cost Estimate Peterbilt Cost Estimate Sourcewell - Curbtender - Proof of Publication Sourcewell - Curbtender - Proposal Evaluation Sourcewell - Curbtender - Contract Acceptance Sourcewell - Peterbilt - Proof of Publication Sourcewell - Peterbilt - Proposal Evaluation Sourcewell - Peterbilt - Contract Acceptance Appendix - About Sourcewell Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the second reading is announced. Page 3 City of Brookings November 23, 2021City Council Meeting Agenda - Final Introduction and First Reading on Ordinance 21-040, an Ordinance to Change the Zoning within the City of Brookings, rezoning Block 20 in Prairie Hills Addition from B-2/R-3 to Residence R-3 Apartment District. Public Hearing: December 14, 2021. ORD 21-0407.A. Memo Ordinance Planning Commission Notice Planning Commission Minutes Application Area Map Zoning Map Future Land Use Map Attachments: Introduction and First Reading on Ordinance 21-041, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Public Hearing: December 14, 2021. ORD 21-0417.B. Memo Ordinance Planning Commission Notice Planning Commission Minutes Application Area Map Zoning Map Future Land Use Map Attachments: 8. Public Hearings and Second Readings: Public Hearing and Action on Resolution 21-102, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (Water Treatment Facility and Piping Project) RES 21-1028.A. Memo Resolution Legal Notice Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 4 City of Brookings November 23, 2021City Council Meeting Agenda - Final Public Hearing and Action on Resolution 21-103, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (34th Avenue Sewer Replacement Project) RES 21-1038.B. Memo Resolution Legal Notice Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Public Hearing and Action on Resolution 21-104, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (Lead Water Service Line Replacement Project) RES 21-1048.C. Memo Resolution Legal Notice Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Second Reading and Action on Ordinance 21-036, an Ordinance repealing Sections 2-261 through 2-272 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the University Community Coalition. ORD 21-0368.D. Memo Ordinance Current Code Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9. Other Business: Action on Resolution 21-097, a Resolution Authorizing Supplemental Appropriations of Grant Funds to the 2021 Budget. RES 21-0979.A. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 5 City of Brookings November 23, 2021City Council Meeting Agenda - Final Action on a Revised Preliminary Plat for Lots 1 and 2, Block 19; Block 20 and Block 21 in Prairie Hills Addition. ID 21-05609.B. Memo Planning Commission Notice Planning Commission Minutes Revised Preliminary Plat Approved Preliminary Plat - Original Approved Revised Preliminary Plat 9-24-2019 Area and Zoning Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Action on the City General Employee Contract.ID 21-05509.C. Memo Agreement - clean Agreement - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Action on the Police Department Union Contract.ID 21-05519.D. Memo Agreement - clean Agreement - marked Attachments: Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings Progress Report.ID 21-056510. 11. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 12. Executive Session Executive Session, pursuant to SDCL 1-25-2.1, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor and pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending lititgation or contractual matters. ID 21-055412.A. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote Page 6 City of Brookings November 23, 2021City Council Meeting Agenda - Final 13. Adjourn. Brookings City Council: Oepke Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Patty Bacon, Leah Brink, Joey Collins, Holly Tilton Byrne, Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx ), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you. Page 7 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0553,Version:1 Action on the November 9, 2021 City Council minutes. Attachments: 11/09/2021 Minutes City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ Brookings City Council November 9, 2021 (unapproved) The Brookings City Council held a meeting on Tuesday, November 9, 2021 at 6:00 PM, at the Brookings City & County Government Center, Chambers, with the following City Council members present: Mayor Oepke Niemeyer, Council Members Leah Brink, Holly Tilton Byrne, Nick Wendell, Patty Bacon, Joey Collins, and Wayne Avery. Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Mayor Niemeyer, seconded by Council Member Bacon, to amend the agenda to add “action to cancel the November 16th Study Session.” The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. A motion was made by Council Member Tilton Byrne, seconded by Council Member Bacon, to approve the agenda as amended. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. 3.A. Action to approve the agenda. 3.B. Action to approve the October 26, 2021 City Council Minutes. 3.C. Action on Resolution 21-088, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for Schoon’s Pump N’ Pak South, Jon Schoon, owner, 1205 Main Ave. So. Legal description: Outlot 8, NE 1/4, .66 acres, Section 35-T110N-R50W. Resolution 21-088 - Wine Operating Agreement - renewal Schoon’s Pump N’ Pak South Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and Schoon’s Pump N’ Pak South, Jon Schoon, owner, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 1203 Main Avenue South. Legal Description: Outlot 8, NE ¼, .66 acres, Section 35-T110N-R50W. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years, with a renewal in five (5) years. 3.D. Action on Resolution 21-089, a Resolution authorizing the City Manager to sign a Wine Operating Agreement 5-year mid-term renewal for Wooden Legs Brewing Co., 309 5th Street, Suite 100, Seth Koch, Brent Mathiason, and Steven Krueger, owners. Legal description: Lots 15-16, Block 14, Second Addition. Resolution 21-089 - Wine Operating Agreement - renewal Wooden Legs Brewing Co. Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the On -Sale Wine Alcoholic Beverage Management Agreement between the City of Brookings and Wooden Legs Brewing Co., Seth Koch, Brent Mathiason, and Steven Krueger, owners, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 309 5th Street, Suite 100. Legal description: Lots 15-16, Block 14, Second Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for the remaining five (5) years of the ten (10) year agreement. 3.E. Action on Resolution 21-090, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for McCrory Gardens Educational Visitors Center, Aramark Educational Services, LLC, manager, 6th Street / 22nd Avenue. Legal description: a portion of the SE ¼ of Section 24-T110N-R50W (located on northwest corner of 6th Street and 22nd Avenue). Resolution 21-090 - Wine Operating Agreement - renewal McCrory Gardens Educational Visitors Center Aramark Educational Services, LLC, Manager Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and McCrory Gardens Educational Visitors Center, Aramark Educational Services, LLC, Manager, for the purpose of a manager to operate the on - sale establishment or business for and on behalf of the City of Brookings at 6th Street / 22nd Avenue. Legal description: a portion of the SE ¼ of Section 24-T110N-R50W (located on northwest corner of 6th Street and 22nd Avenue). Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years, with a renewal in five (5) years. 3.F. Action on Resolution 21-092, a Resolution declaring surplus property for the City of Brookings. Resolution 21-092 - Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Administration • Antique wood brochure rack Police Dept. • Glock 17 9mm Pistol – SN WSS504 Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. 3.G. Action on Resolution 21-093, a Resolution of Appreciation at the Conclusion of the Work of Various Committees and Task Forces of the City of Brookings, South Dakota. Resolution 21-093 - A Resolution of Appreciation at the Conclusion of the Work of Various Committees and Task Forces of the City of Brookings, South Dakota Whereas, from time to time, the City Council has appointed Committees and Task Forces to address specific community issues, including planning for Sixth Street improvements, addressing affordable housing, public art, transportation, mental health and city planning, among others; and Whereas, because the work of certain Committees and Task Forces have now concluded, it is appropriate to recognize their efforts and bring these Committees and Task Forces to conclusion; and Whereas, the following Committees and Task Forces have successfully completed their work, and their Members deserve the thanks and appreciation of the City Council and the Brookings Community. Now, Therefore, Be It Resolved by the City Council of the City of Brookings that the following Committees and Task Forces have completed their work and are hereby dissolved, and their Members are discharged from their duties: 1. Sixth Street Main to Medary Design Ad Hoc Committee; 2. Affordable Housing Task Force; 3. Brookings Arts Task Force; 4. Brookings Transportation Committee; 5. Comprehensive Master Plan Advisory Committee; 6. Mental Health Task Force; and 7. Indoor Rec Center Committee. 3.H. Action on Resolution 21-095, a Resolution Removing Uncollectible, Delinquent Accounts from the Records. Resolution 21-095 - A Resolution Removing Uncollectible, Delinquent Accounts from the Records Whereas, the City has attempted by reasonable means to collect the outstanding accounts receivable on the below-listed accounts; and Whereas, the City considers the accounts outstanding for more than one year to be “uncollectible” for purposes of disclosing the financial statements of the City; and Whereas, the City may continue efforts to collect such “uncollectible” debt. Now, Therefore, Be It Resolved, that the City of Brookings hereby authorizes the removal of the following accounts as uncollectible pursuant to SDCL 9-22-4 and authorizes the disclosure of the same on the annual financial reports: Customer Name Department/Fund Reason Amount Dave’s Mobile Home Solid Waste Disposal Out of Business $388.24 Alex Kahler Research & Technology Center Out of Business $69,678.25 3.I. Action on Relocation, Displacement, and Acquisition Plan for the Community Development Block Grant Project. Proclamation. Mayor Niemeyer presented a Proclamation to Kaitlyn Luebbert from the Brookings Area Chamber of Commerce in recognition of Small Business Saturday, November 27, 2021. Mayoral Proclamation Whereas, Brookings celebrates our local small businesses and the contributions they make to our local economy and community; and Whereas, 88% of U.S. consumers feel a personal commitment to support small businesses in the wake of the pandemic, and 92% of small business owners have pivoted the way they do business to stay open during the pandemic; and Whereas, Brookings supports our local businesses that create jobs, boost our local economy, and preserve our communities; and Whereas, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Saturday, November 27, 2021 as “Small Business Saturday” and urge residents to support small businesses and merchants on Small Business Saturday and throughout the year. Proclamation. Mayor Niemeyer presented a Proclamation to Stephanie Ballard in recognition of her being selected as the 2022 South Dakota Teacher of the Year. Mayoral Proclamation Whereas, Mrs. Stephanie Ballard was recognized as the 2022 South Dakota Teacher of the Year at the state award ceremony on October 12, 2021; and Whereas, Stephanie has taught for the Brookings School District since 2014, first at Camelot Intermediate School and currently at George S. Mickelson Middle School; and Whereas, Stephanie serves students in special education, builds rapport and relationships with those students and their families, and is a passionate advocate for inclusion and disability awareness; and Whereas, Stephanie serves on and is a valued member of a variety of school and district committees, is a member of the Brookings Education Association, serves as a mentor for her peers, and provides support and mentorship for new special education teachers in the district; and Whereas, Stephanie has demonstrated incredible strength, courage, leadership and professionalism in both her personal and professional life, setting an example to many; and Whereas, Stephanie will serve as a role model and advocate for other educational professionals throughout South Dakota for 2022. Now, Therefore, Be It Resolved, that I, Oepke G. Niemeyer, Mayor of the City of Brookings, do hereby proclaim Monday, November 15, 2021 as “Stephanie Ballard Day.” SDSU Student Association Report. Michael, on behalf of Anna Shane, the Government Affairs Chair for the SDSU Students Association, provided an update on SDSU happenings to the City Council and public. Open Forum. Trifon Theodosopoulos addressed the council on why the council chose to not limit the number of licenses to be issued. Council Member Brink responded saying she chose to not enact a limit on an industry we don't understand or recognize to date. Council Member Wendell responded saying he was not comfortable limiting an industry which has not been tested in the City. Wendell was comfortable allowing zoning regulations to limit the quantity. There have been no medical cannabis license s received to date. 3rd Quarter 2021 CFO Report. Chief Financial Officer, Erick Rangel, presented the 3rd Quarter Financial Report to the City Council and members of the public. Resolution 21-094. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 21-094, a Resolution Approving a Professional Services Agreement Between the City of Brookings, SD, and RESPEC Company, LLC for the Six-Mile Creek Feasibility Project, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-094 - A Resolution Approving a Professional Services Agreement Between the City of Brookings, SD, and RESPEC Company, LLC for the Six-Mile Creek Feasibility Project Whereas, the City of Brookings has received a Federal Emergency Management Agreement (FEMA) Grant to conduct a Flood Mitigation Study of a part of Six-Mile Creek; and Whereas, RESPEC Company, LLC has submitted a proposal to the City of Brookings to provide the professional services required for the Six-Mile Creek Feasibility Project to be funded by the FEMA Grant; and Whereas, RESPEC Company, LLC is engaged, among other things, in the business of providing professional engineering services for water and environmental projects, including FEMA modeling and flood mitigation consulting; and Whereas, RESPEC Company, LLC has substantial knowledge of the Big Sioux River Watershed, which includes Six-Mile Creek, and this knowledge base is invaluable with respect to this Project; and Whereas, the City of Brookings has adopted Resolution No. 182 -12, which provides for the use of Requests for Proposals (RFP) for professional services contracts with estimated costs in excess of $75,000.00, however because of the substantial knowledge of the Big Sioux River Watershed that RESPEC Company, LLC already has, it is in the best interests of the City of Brookings that the City forgo the use of an RFP and utilize the services of RESPEC Company, LLC for this Project; and Whereas, the City desires to engage RESPEC Company, LLC and RESPEC Company, LLC desires to accept the above-described professional services engagement for the Project, pursuant to the terms and conditions set forth in a Professional Services Agreement. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota: a. That a Professional Services Agreement between the City of Brookings, South Dakota and RESPEC Company, LLC is hereby approved; and b. The City Manager is authorized to sign the Professional Services Agreement with RESPEC Company, LLC for the Six-Mile Creek Feasibility Project. FIRST READING – Ordinance 21-036. Introduction and First Reading was held on Ordinance 21-036, an Ordinance repealing Sections 2-261 through 2-272 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the University Community Coalition. Second Reading: November 23, 2021. Ordinance 21-037. A motion was made by Council Member Wendell, seconded by Council Member Brink, that Ordinance 21-037, an Ordinance for the 2022 Budget Appropriation, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 21-039. A motion was made by Council Member Tilton Byrne, seconded by Council Member Bacon, that Ordinance 21-039, an Ordinance Authorizing Supplemental Appropriation No. 5 to the 2021 Budget, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 21-038. A public hearing was held on Ordinance 21-038, an Ordinance to Rezone Lots 2 - 5 of Block 5 in Pheasant Nest Addition from Business B-2 District to Residence R-3 Apartment District. A motion was made by Council Member Tilton Byrne, seconded by Council Member Bacon, that Ordinance 21-038 be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Ordinance 21-032. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that tabled item "Public Hearing and Action on Ordinance 21-032, an Ordinance to Change the Zoning within the City of Brookings, rezoning a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business B-2 District." be removed from the table. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. A public hearing was held on Ordinance 21-032, an Ordinance to Change the Zoning within the City of Brookings, rezoning a portion of Arbor Hill Addition from Residence R-3 Apartment District to Business B-2 District. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brin k, that Ordinance 21- 032 be approved. Public Comment: Jay Goldhorn and Bradley Walker. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-091. A motion was made by Council Member Brink, seconded by Council Member Tilton Byrne, that Resolution 21-091, a Resolution Adopting the Consolidated Fee Schedule, be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Resolution 21-091 - Resolution Adopting the Consolidated Fee Schedule Whereas, the adopted Municipal Code and City Policies make references to fees charged; and Whereas, it is prudent that the fees be reviewed for cost effectiveness. Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following Consolidated Fee Schedule as defined in the attached schedule. Fee Description Current Fee Fee as of January 1, 2022 Residential Building Permit Fees Finished habitable space per square foot $85.00 $90.00 Finished basements per square foot $40.00 $45.00 Landfill – 240 Pound Material Minimum (plus Sales Tax and $1 per Ton State Fee) Commercial $43.00 $44.00 Compost / Leaves / Grass $43.00 $44.00 Demolition $43.00 $44.00 Domestic $43.00 $44.00 Industrial $43.00 $44.00 Metal $43.00 $44.00 Asbestos $43.00 $44.00 Removals: Half-day Picnic Shelter Rental Option at Pioneer Park and Hillcrest Park – Full Day Only; and Commercial Solid Waste Collection and Dumpster Charges – the City is no longer providing these services. Clarifications: Sales Tax will be charged on refrigerators/air conditioners, mobile homes, and tires brought to Landfill; and Non-Commercial clean wood/lumber, trees/branches, compost, and recycled compost generated within the service area – fees will be waived. 10-Year Capital Improvement Plan. A motion was made by Council Member Avery, seconded by Council Member Brink, that the 10-Year Capital Improvement Plan (CIP) be approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, Collins, and Avery. Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council Member Collins, that the meeting be adjourned at 6:50 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Oepke G. Niemeyer, Mayor __________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-096,Version:1 Action on Resolution 21-096, a Resolution Accepting South Dakota Solid Waste Management Program Grant (SWMP 2022G-SW-200) and Authorizing the City Manager to Sign the Grant Agreement and Other Grant Documents Summary: The City applied for a grant through the State’s Solid Waste Management Program to complete a Solid Waste Master Plan. The City was awarded a 25% grant of the total project cost, for a maximum grant value of $62,000. Resolution 21-096 would accept the grant award. The City has three (3) years to expend the grant funds. Recommendation: Staff recommends approval. Attachments: Resolution Grant Award Letter City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ Resolution 21-096 Resolution Accepting South Dakota Solid Waste Management Program Grant (SWMP 2022G-SW-200) and Authorizing the City Manager to Sign the Grant Agreement and Other Grant Documents Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the City of Brookings, South Dakota has been awarded a South Dakota Solid Waste Management Program Grant, SWMP No. 2022G-SW -200 in the amount of $62,000.00 to evaluate the Solid Waste Division’s operations and financial health and identify and address critical needs; and Whereas, that the City of Brookings is required to comply with all Solid Waste Management Program Grant requirements, assurances, terms and conditions; and Whereas, the Grant Agreement between the South Dakota Board of Natural Resources and the City of Brookings, South Dakota requires that the City designate an official to sign the Grant Agreement and other grant-related documents, and the City authorizes the City Manager to sign these documents for the above-described grant. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, that the City will comply with all Solid Waste Management Program Grant requirements, assurances, terms and conditions, and designates the City Manager of the City of Brookings to sign the Grant Agreement and other grant documents. Passed and approved on the 23rd day of November, 2021. CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0545,Version:1 Action on Volunteer Board, Committee, and Commission appointments. Summary: Mayor Niemeyer has submitted the following appointment recommendations for City Council advice and consent: Board of Appeals Number of positions:2 Term length:5 years Residency Requirement:Not Required Purpose: The function of the Board of Appeals is to hear and decide on appeals or orders, decisions or determinations made by the city building officials relative to the application and interpretation of the Building Code, and to determine the suitability of alternate materials and methods of construction. All members of the Board of must be qualified by training and experience to pass upon the matters pertaining to building construction. Mayor’s Recommendation: 1)Brad Peterson - new appointment 2)Jonathan Meendering - reappointment Brookings Disability Awareness Committee Number of positions:6 Term Length:3 years Residency Requirement:Required for 7 members Purpose: The Brookings Disability Awareness Committee strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. This is a service not provided by any other entity in Brookings. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1)Aysia Platte - reappointment 2)Carol Jung - reappointment 3)Jon Stauff - reappointment 4)Mark Sternhagen - reappointment Business Improvement District #1 Board Number of positions:2 Term Length:3 years Residency Requirement:Not required City of Brookings Printed on 11/18/2021Page 1 of 4 powered by Legistar™ File #:ID 21-0545,Version:1 Purpose: The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a district and provide improvement recommendations to the City Council. The boundaries of Business Improvement District #1 are defined as non-contiguous properties to include all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings. Mayor’s Recommendation: 1)Laura Schoen Carbonneau - reappointment 2)Mike Logan - new appointment Historic Preservation Commission Number of positions:5 Term Length:3 years Residency Requirement:Required Purpose: The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1)Kyle Nelson - reappointment 2)Tom Thaden - reappointment 3)Paula Carson - new appointment Human Rights Commission Number of positions:2 Term Length:3 years Residency Requirement:Not required Purpose: The Human Rights Commission has the power to investigate alleging discrimination. Other programs include: The study of the existence, character, causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services; Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and County; Advise City officials concerning issues of discrimination; Conducting educational programs and disseminates information to further the commission’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1)Dan Berg - reappointment 2)Tracy Chapman - new appointment Library Board Number of positions:1 Term Length:3 years Residency Requirement:Required Purpose: The Library Board is responsible for the appointment of the Librarian, the conduct of business and development of policies for the Brookings Public Library materials, the governance of the library and the use of the public library services and materials. Mayor’s Recommendation: 1)Staci Mergenthal - new appointment City of Brookings Printed on 11/18/2021Page 2 of 4 powered by Legistar™ File #:ID 21-0545,Version:1 Public Arts Commission Number of positions:4 Term Length:3 years Residency Requirement:Required for Majority Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A dedicated funding source for an established program of public art enhances the reputation of a city and serves as a vehicle for attracting new businesses and citizens. A public art program encourages a community’s artists and citizens to engage in creative activities and artistic development. A public arts commission can develop and implement a unified public art strategy for a community. Mayor’s Recommendation: 1)Julia Eberhart - reappointment 2)Kate Treiber - reappointment 3)Emily Howell (Chamber Rep.) - new appointment Sustainability Council Number of positions:4 Term Length:3 years Residency Requirement:Required for Majority Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future qualities of life while still meeting the needs of the present. Mayor’s Recommendation: 1)Al Patin - reappointment 2)Robin Buterbaugh - reappointment 3)Cynthia Kunkel - new appointment Swiftel Center Advisory Committee Number of positions:4 Term Length:3 years Residency Requirement:Not required Purpose: The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center. Mayor’s Recommendation: 1)Laura Schoen Carbonneau - reappointment 2)Jennifer Johnson - reappointment 3)Bill Retterath - new appointment 4)Alex Parker - new appointment Planning Commission Number of positions:1 Term Length:5 years Residency Requirement:Required City of Brookings Printed on 11/18/2021Page 3 of 4 powered by Legistar™ File #:ID 21-0545,Version:1 Purpose: The City Planning Commission is responsible for the city comprehensive plan for the physical development of the city, including areas outside the boundaries of the city and within the planning jurisdiction. Mayor’s Recommendation: 1)Nick Schmeichel - new appointment Traffic Safety Committee Number of positions:3 Term Length:3 years Residency Requirement:Required for Majority Purpose: The Traffic Safety Committee will develop and implement coordinated traffic safety programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City Council as a whole in the coordination of traffic safety activities of the official agencies and departments of the City of Brookings; establishing safety priorities for the City; reviewing and approving project applications for funding; serving in a liaison capacity between the City of Brookings and the South Dakota Highway Safety Program in developing the State Highway Safety Program and in meeting the National Highway Safety Program Standards; promoting public acceptance of official programs proposed or instigated by the City; fostering public knowledge and support of traffic law enforcement and traffic engineering problems; cooperating with city schools in promoting educational traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city streets. Mayor’s Recommendation: 1)LeWayne Erickson - reappointment 2)Jake McGlade - reappointment 3)Charles Schnabel - reappointment Recommendation: Staff recommends approval. City of Brookings Printed on 11/18/2021Page 4 of 4 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0555,Version:1 Action on annual Liquor and Wine Alcohol License Renewals for 2022. Summary: Submitted for City Council review and action are the Annual Liquor and Wine License renewals for 2022. All required documentation have been submitted. SDCL 35-2-1.2 - Application submitted to local governing body - Fee - Approval or disapproval. ….Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing …. Liquor (Off-Sale): 1.Brookings Municipal Liquor Store, 780 22nd Ave. So. Liquor (On-Sale): Convention Center 1.Wilbert’s/Comfort Suites University (Den Wil Hospitality Group,Inc.), 921 25th Ave. 2.Park Place, Inc., 2500 6th Street Liquor (On-Sale): 1.Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr. 2.Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1801 6 th St. 3.Craft Fusion / Jesse Davis, LLC, 610 Medary Ave. 4.Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave. 5.Danny’s / David Olson Inc., 703 Main Ave. So. 6.Elks Club Lodge #1490, 516 4th St. 7.Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave. 8.Main Street Pub, 408 Main Ave 9.9 Bar Nightclub / Nine Inc., 303 Main Ave. 10.Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So. 11.Pints & Quarts / KR Hospitality, Inc., 313 Main Ave. 12.The Lanes (MG Oil Company), 722 Western Ave. 13.The Ram (Jack’s Entertainment LLC, 327 Main Ave. 14.Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave. 15.Skinner’s Pub, Inc., 300 Main Ave. 16.Sully’s Irish Pub / B&L Sullivan Inc., 421 Main Ave. 17.VFW GEO Dokken Post 2118, 520 Main Ave. 18.The Wild Hare / Wonder, Inc., 303 3rd St. Restaurant (On-Sale): 1.Whiskey Creek Wood Fire Grill / Brookings Steak Co., LLC, 621 32nd Ave. 2.The Lodge/Den Wil Hospitality Group Inc, 2515 6th St. City of Brookings Printed on 11/18/2021Page 1 of 2 powered by Legistar™ File #:ID 21-0555,Version:1 Wine (On-Off Sale): 1.Brookings Municipal Liquor Store, 780 22nd Ave. So. 2.BVG Backyard Grill, 1805 6th Street 3.Cenex Zip Trip #63 / CHS, Inc., 1005 6th St. 4.Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr. 5.Children’s Museum of South Dakota, 521 4th St. 6.Corner Pantry #19, 919 20th St. So. 7.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105A 8.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105B 9.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105C 10.Guadalajara Mexican Restaurant, 1715 6th St, Suite F 11.Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So. 12.McCrory Gardens Educational & Visitors Center, 6th St. and 22nd Ave. 13.Mosaic Wine Bar, 225 Main Ave 14.New Sake / Sake, Inc., 724 22nd Ave. So. 15.Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St. 16.Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So. 17.Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So. 18.Swiftel Center, 824 32nd Ave. 19.Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6 th St. 20.Wilbert’s/Comfort Suites University/DenWil Hospitality Group, 931 25th Ave. 21.Wooden Legs Brewing Co, 309 5th St., Suite 100 22.Yessica’s Restaurant, 1300 Main Ave S. Recommendation: Staff recommends approval. City of Brookings Printed on 11/18/2021Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-105,Version:1 Action on Resolution 21-105, a Resolution Authorizing Change Order No. 1 for Apron and Taxilane Improvements Project AIP #3-46-0005-031-2019; Bowes Construction, Inc. Summary: This resolution will approve Change Order No. 1 to the Apron and Taxilane Improvement Project for a decrease of $17,794.17. The Change Order adjusts the as-built quantities of various bid items. In addition, this Change Order also adds 1 Underdrain Headwall. The project summary is as follows: Original Contract Price:$2,255,787.40 Change from Previously Approved Change Order:$0.00 Contract Price Prior to this Change Order:$2,255,787.40 Increase of this Change Order:$3,800.00 Decrease of this Change Order:($21,594.17) New Contract Prior After this Change Order:$2,237,993.23 This resolution will approve Change Order No. 1 for a net decrease of $17,794.17 to the contract amount. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Charlie Richter, City Engineer Council Meeting: November 23, 2021 Subject: Resolution 21-105: Change Order No. 1 for the Apron & Taxilane Improvements Project, #3-46-0005-031-2019; Bowes Construction Inc. Person(s) Responsible: Charlie Richter, City Engineer Summary: This resolution will approve Change Order No. 1 for the Apron & Taxi Lane Improvements Project to adjust bid quantities to as-constructed quantities for a decrease of $21,594.17 and 1 additional Underdrain Headwall for an increase of $3,800.00 for a net decrease of $17,794.17. Background: The Brookings Regional Airport budgeted for the reconstruction of the Apron and Taxi Lane reconstruction in 2020. Item Details: The project is near completion with minor punch list items left to complete. This change order will adjust plan quantities to current as-constructed quantities and the addition of 1 Underdrain Headwall for a net decrease of 17,794.17. The project summary is as follows: Original Contract Price: $2,255,787.40 Change from Previously Approved Change Order: $0.00 Contract Price Prior to this Change Order: $2,255,787.40 Increase of this Change Order: $3,800.00 Decrease of this Change Order: ($21,594.17) New Contract Prior After this Change Order: $2,237,993.23 Legal Consideration: SDCL 5-18B-19 allows for a change order up to $250,000 for this size of contract. The change order proposed is within the change order limit allowed by statute. Strategic Plan Consideration: This change order will aid in the longevity of the apron and taxi lane at the Brookings Regional Airport, thereby protecting the City’s investment. Financial Consideration: The contract will decrease by $17,794.17. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Resolution 21-105 Resolution Authorizing Change Order No. 1 for Apron & Taxilane Improvements Project, #3-46-0005-031-2019; Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for Apron & Taxilane Project, #3-46-0005-031-2019: Construction Change Order Number 1: Adjust plan quantities to as-constructed quantities for a decrease of $21,594.17 and add 1 Underdrain Headwall for an increase of $3,800.00 for a total decrease in Contract Price of $17,794.47 Passed and approved this 23rd day of November, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0558,Version:3 Informational Report: Civil Design Inc. findings from the City of Brookings’ Bridge Re-Inspection Program for 2021. Summary: Civil Design Inc. will present their findings from the inspection of the 5 bridges within City limits. Background: The South Dakota Department of Transportation manages the Bridge Inspection Program as part of the National Bridge Inspection Standards (NBIS) Program. All bridges and box culverts in the program are required to be inspected at intervals not to exceed two years, with the exception of reinforced concrete box culverts that meet specific criteria. The City of Brookings has three bridges and one box culvert in the program which were inspected in 2021 (see attached map). The City follows the NBIS standards so Federal Bridge Replacement Funds can be utilized to hire consultants for the inspections. The SDDOT has secured the federal approvals and will make the payments to Civil Design Inc. for the inspection services. The SDDOT also provides for 80% funding for the inspection and the City provides the 20% match, which will be paid out of the Drainage Fund. The average cost of the inspection is approximately $5,000, with the City match being approximately $1,000. As required by the program all findings are to be shared with the City Council. Civil Design Inc. inspected all the City owned bridges this past summer and observed no major deficiencies. At several of the structures they noted small items that will be addressed in the coming year. None of these issues will require major expenditures to address. Attachments: Presentation Map City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City of Brookings | 2021 Bridge Inspections November 23, 2021 Chris Brozik, PE Civil Design Inc. cbrozik@civildes.com Bridge Inspection Overview •4 NBIS Structures Owned & Maintained by the City of Brookings •1 Private Structure Owned & Maintained by the City of Brookings •Brookings Airport Bridge •5 Bridge Inspections Conducted in 2021 •4 -CDI Contract with SDDOT -$6,332.15 (20% County -$1,266.43) •NBIS Structure constitutes any Bridge or Box Culvert > 20 ft in Length •Bridges inspected generally every 24 Months •Box Culverts inspected every 24 or 48 Months, depending on overburden & condition •Field Work –Visual & Hands-On Inspections, Notes, Measurements, Photographs •Office Work –Load Rating Analysis, Documentation, Report Generation •Summary & Review Meeting with City of Brookings Engineering Department –11/8/21 •Relates to structure condition & safety features only, no drainage analysis as part of this work 4 Existing Structures Inspected in 2021 Str. No. 06-160-158 Built in 1988 Str. No. 06-160-152 Built in 1932 Str. No. 06-170-147 Built in 1987 Str. No. 06-170-149 Built in 1968 Field Work –Visual & Hands-On Inspections, Notes, Measurements, Photographs Inspection Process •Approaches, Signage •Deck, Barrier Rail •Deck Delamination Survey •Superstructure •Substructure •Channel & Channel Protection •Channel Profile –Scour Check •Element Level Inspection Office Work –Analysis, Documentation, Report Generation Office Work –Analysis, Documentation, Report Generation (Cont.) Summary of Postings, Recommendations, Etc. SUMMARY SHEETS INCLUDE THE FOLLOWING: •Structure Number •Feature Carried •Feature Crossed •Date Inspected •Sufficiency Rating •Current & Recommended Posting, if any •Repair, Rehab, Replacement Recommendations MEETING BETWEEN CDI & ENGINEERING DEPT. •Date: Monday, November 8, 2021 •Review Bridge Inspection Reports in Detail •Go over Repair Recommendations •Discuss Miscellaneous Items THANK YOU QUESTIONS? CHRIS BROZIK, PE VICE PRESIDENT cbrozik@civildes.com City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0548,Version:1 Presentation: Outside Agency Funding Process Summary: Throughout the 2022 budget process Council requested a review of the social service agency funding process. United Way assists in making a recommendation utilizing an established rubric, Council prioritization, and application process. A community impact report will be given at the end of the funding cycle. Attachments: Memo 2021 Outside Agency Funding Benefits of Partnering with the United Way United Way Funding Process Funding Process Worksheet Narrative City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Work Session Memo From: Paul M. Briseno, City Manager Council Meeting: November 16, 2021 Subject: Outside Agency Funding Process Person(s) Responsible: Paul M. Briseno, City Manager Summary: Throughout the 2022 budget process Council requested a review of the social service agency funding process. United Way assists in making a recommendation utilizing an established rubric, Council prioritization, and application process. A community impact report is then given at the end of the funding cycle. Background: The United Way has established clearly defined focus areas (education, self -sufficiency, and health) to maximize the community impact of its contributions to outside agencies. They have developed a mechanism for agencies to apply for funding and have the capabilities of monitoring and evaluating. This approach provides accountability and allows an understanding of which outside agencies can apply and receive funding. In 2020 City Council approved the existing social services agency funding process: August-October - The total budget available for social service agencies is set. October - The United Way seeks Council's prioritized areas. November/December – United Way requests applications. December/January – Trained volunteers review applications and make recommendations based on the rubric. January/February - United Way makes a recommendation to City Council. February - Council passes 2022 funding social service agency funding levels. Spring following year, an impact report is given. Item Details: All non-for-profit social service agencies can apply for city funding through the United Way process. Most social service agencies fall under the United Way's already established primary focus areas. This process can save agencies time with one application. It assures a developed program for distributing available funds to agencies that provide the greatest impact to strategically identified needs. The United Way seeks to improve every person's health, education, and self -sufficiency in the Brookings community. They work with numerous local agencies to better understand the needs of our community members and how we can solve the problems individuals and families face. Supporting Documentation: 2021 Outside Agency Funding Benefits of Partnering with the United Way United Way Funding Process Funding Process Worksheet Narrative Amount funded 2020 Amount funding 2021 % Increase 36% Agency Allocations 2020 Agency Requests 2021 % Increase 51% Agency Name/Program Impact Area 2020 Funding 2021 Agency Funding Request 2021 Adjusted Request 2021 Funding Recommendation BATA Transportation $95,000 $115,000 $115,000 $115,000 Boys and Girls Club Youth Development $75,000 $75,000 $75,000 $75,000 Brookings Crime Stoppers Safety $2,000 $2,000 $2,000 $2,000 Brookings Empowerment Project Health $2,500 $4,000 $2,500 $2,500 East Central CASA Health $0 $5,000 $5,000 $3,000 Brookings Activity Center Partnership $0 $5,000 $5,000 $0 Brookings County Youth Mentoring Youth Development $6,000 $8,000 $8,000 $7,000 Helpline Center Health $0 $1,000 $1,000 $1,000 Brookings Behavioral Health & Wellness Health $15,000 $25,000 $25,000 $20,000 Brookings Backpack Program Health $0 $25,000 $25,000 $20,000 Brookings Area Habitat for Humanity Housing $0 $30,000 $30,000 $21,000 $195,500 $295,000 $293,500 $266,500 99.49% 195,500$ 266,486$ 195,000$ 295,000$ Benefits of Partnering with United Way: The City of Brookings, United Way, agencies and community all benefit from a developed funding process. The following are potential benefits: Streamlining the process requests for agencies. Many of the outside agencies the City of Brookings supports are United Way funded agencies. Agencies would make one application for funding allowing more time for needed programing. o Current process has evolved to fund agencies based on perceived community needs. A developed process ensures funding is more accurately granted based on defined needs. There is a clear and concise process in place for funding application and understanding of who can apply for funding. A clear process is in place for evaluation that includes a proven rubric analysis. Agencies are aware of how programming will be evaluated. o Not until 2020 did the City start outside agency agreements, but metrics are inadequate for accountability and assuring proper needs are met. Through increased transparency, a community impact report will be provided to the City of Brookings to communicate how funds were spent and the impact made on residents in the community. The United Way can provide future community goals and focus areas based on Brookings’ changing environment and needs. This will ensure the City of Brookings is more engaged in understanding the needs within our community. A greater focused effort of funding through the United Way based on clearly stated community goals allows for greater potential investment from other leading agencies. United Way Funding Process The United Way works closely with partner agencies to ensure community donations are strategically utilized to help the most people. The following are steps define the application process: 1. Volunteer Recruitment and Education United Way Board Members, who participate in the allocation committee represent all sectors of the community and are educated to ensure funds are distributed fairly and objectively based on best use. 2. Allocations Agency requests funding based on particular needs and programs. This includes operating costs, programing funds or assistance in developing new programs. The United Way has three (3) priority funding areas that guide investments in local programming. These priorities include: Self-Sufficiency – Individuals and families are independent and stable Independent and Secure Living Financial Literacy and Support Access to Basic Needs Employment Readiness Health – Individuals and families are healthy and safe Personal Health and Safety Emotional and Emotional wellness Positive Social Behavior Access to health services Education – Individuals and families are equipped for success throughout every life stage School Readiness Youth Academic and Character Development Adult Empowerment Application Funding Process and Worksheet Narrative 1 Rev 12/19 Guiding principles of the proposed funding process: 1. With or without the use of any worksheet or other numerical rating process, any agency whose application meets the committee’s expectations in every way should receive as close to full funding as BAUW is able to provide. 2. All agencies whose applications meet all expectations should receive the same percentage of their funding request, i.e., no attempt will be made to establish that one such agency is more worthy than another. 3. If an agency’s application fails to meet expectations in some way but there is a reasonable and well-defined way to judge it as being as worthy as one that does meet all expectations, that agency should receive the same level of funding as those that meet expectations. 4. If an agency fails to meet expectations in an area of most importance, it should receive no funding unless specifically determined otherwise by discussion of the board. 5. If an agency’s application does not rise to the level of meeting expectations in the most important areas and rise above failure to meet expectations in at least one other area, that agency should receive no funding. 6. Agencies whose applications lie between the two extremes described above should be considered individually by the full committee. They are eligible to receive up to the same percentage of their funding request as those that meet all expectations, but not more. The proposed agency funding determination process in brief: There are six steps in the funding determination process. More detail is provided in the narrative below. 1. Application review (Group scoring submitted, Date TBD) 2. Application data entry (Executive Director, Date TBD) 3. Full Board discussion (BAUW Board ALLOCATION meeting – Date TBD) The proposed agency funding determination process in detail: Non-profit status determination This is the final year that an organization can use another organizations 501C3 status. Application review (Agency Liaison, Date TBD) Gather as a group to read/discuss the groups applications. The liaison should reach out to the agency contacts to clarify any questions in order to fully understand and assess the application. Rating Meaning Rating Meaning 1 Fails to meet expectations 6 Meets expectations 3 Lacking in expectations 9 Exceeds expectations The six assessment areas are weighted differently to reflect their relative importance. Community Impact, Community Need, and Fits BAUW Priorities are considered to be twice as important as Fiscal Management and Track Record. Ability & Evaluation is slightly more important than the latter two areas. Weighting Assessment area Weighting Assessment area 10 Community Impact 6 Ability & Evaluation 10 Community Need 5 Fiscal Management 10 Fits BAUW Priorities 5 Track Record Application Funding Process and Worksheet Narrative 2 Rev 12/19 Definitions of Assessment Areas in Scoring Worksheet: Community Need The program addresses a recognized health and human services need in our community The need is consistent with BAUW mission and funding priorities for the current year The problem/situation addressed by the agency is serious The agency provides strong data to validate the need for this program Impact The program clearly demonstrates a meaningful linkage between community needs, program activities and outcomes The program provides a meaningful volume of services and/or people served United Way funding will make a difference and bring about positive change in people’s lives Ability & Evaluation The Agency has a history of reliability There is adequate staffing and resources to conduct this program The program plan is sound Clear goals and objectives are written Measurable outcomes are evident The agency/program demonstrates the ability to deliver and measure proposed outcomes Financial Management Financial information is presented clearly & accurately The agency has a balanced budget The agency has adequate reserves BAUW policy recommends 3-6 months There is diversified funding/other funding is available to support program(s) The funds that are requested from BAUW support client services Overhead expenses are a reasonable % of total budget Track Record There is year-round commitment to work with the United Way The agency appeared to have accomplish their goals and objectives from last year The agency makes a difference with previous years’ UW funding If a board member (liaison) feels the dollar amount the agency is requesting needs to be lowered, please indicate that adjusted dollar amount in the “Liaison adjusted request” column on the Scoring Worksheet. All agencies with liaison adjusted requests will be flagged for full -board review during the allocation decision making meeting. Application Funding Process and Worksheet Narrative 3 Rev 12/19 Application data entry (Executive Director, Date TBD) Ratings for all applications are entered in the application funding worksheet, which computes an application score. Applications are initially categorized as: Score Category Significance 276 to 414 Green Automatically receives as close to full funding as possible. No committee discussion. 200 to 275 Yellow Flagged for discussion by committee. May receive up to Green category funding level. 0 to 199 Red Automatically receives no funding. No committee discussion. Examples and rationale for the categorization scores: Weighting 10 10 10 6 5 5 Agency Name Community Impact Community Need Fits BAUW Priorities Ability & Evaluation Fiscal Management Track Record Application Score Score Range Agency 1 9 9 9 9 9 9 414 Agency 2 6 6 6 6 6 6 276 Agency 3 6 3 9 6 6 6 276 Agency 4 6 6 6 1 3 1 206 Agency 5 6 6 6 1 1 1 196 Agency 6 1 9 9 9 9 1 294 Agency 1 receives Exceeds Expectations ratings, resulting in a 9X10+9X10+9X10+9X6+9X5+9X5 = 414 score. Agency 2 Meets Expectations in each area, resulting in a score of 276 Agency 3 is Lacking in Expectations in Community Need, but Exceeds Expectations in Fits BAUW Priorities and Meets Expectations in all other areas, resulting in a scor e of 276 equivalent to Agency 2 Agency 4 Meets Expectations in the three most important areas and rises above Failure to Meet Expectations in one other area, resulting in a score greater than 206 , above the 200 cutoff Agency 5 Meets Expectations in the three most important areas but Fails to Meet Expectations in all other areas, resulting in a score of 196, below the 200 cutoff Agency 6 Fails to Meet Expectations in one of the three most important areas, and thus is flagged Yellow for discussion in spite of having a strong score of 294 Application Funding Process and Worksheet Narrative 4 Rev 12/19 Initial funding level o The worksheet determines how much is available to award to agencies submitting l ong-form applications. o It also determines the total of funding requests of applications in the Green and Yellow categories. o The ratio (Funds Available) / (Funds Requested) is computed as a percent. o Initially, all Green/Yellow category agencies receive this percent of their request up to a maximum of 100%. o Agencies with Red category applications are initially awarded $0.00. This is also their final award. Full Board Discussion (Date TBD) Any board member can request further discussion of an application. Contact UW staff to add to the agenda. Applications will be discussed when o the current “liaison adjusted request” compared to the previous year’s ‘agency request’ has increased by 25% or more o any agency request that is 10% or more of our total allocation budget Applications that are submitted after the due date will be reduced by a minimum of 10% of the agency request for that year All Yellow Category applications: After discussion, the board may choose to lower the awards of agencies in this category. Funds are freed up by the lowering of these awards. The worksheet automatically redistributes these funds across all agencies whose awards have not been lowered by the committee. Awards that have been manually adjusted by the committee remain fixed at the committee-determined level. If there are remaining funds after allocation process, these funds could go into the reserve, or otherwise be used as the committee decides. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-098,Version:1 Action on Resolution 21-098, a Resolution Awarding Bids on Brookings City & County Lawn Care & Snow Removal Services. Summary: This service package includes the lawn care and snow removal for the Brookings City and County Government Center, the Brookings County Courthouse, and the 1921 Building. The contract will run from January 1, 2022 to December 31, 2022 and will be renewable for one additional year. Recommendation: Staff recommends awarding the contract to Razor’s Edge for the bid of $84,825.00. Attachments: Memo Resolution Maps City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jared Thomas, Chief Building Official Council Meeting: November 23, 2021 Subject: Resolution 21-098: Resolution Awarding Contract for Brookings City & County Lawn Care & Snow Removal Services Presenter: Jared Thomas, Chief Building Official Summary: This resolution will award contract for the Brookings City & County Lawn Care and Snow Removal Services to Razor’s Edge, Brookings, SD for the total low bid price of $84,825.00 from 1/1/2022 to 12/31/2022 with the option to renew for one additional year in 2023. Background: This service package includes the lawn care and snow removal for the Brookings City and County Government Center, the Brookings County Courthouse, and the 1921 Building. The last two-year agreement is set to expire and was bid at $82,955 in 2019. The new contract will run from January 1, 2022 to December 31, 2022. This service contract includes the following: Mowing of all grassy areas by the three buildings Spraying weeds and fertilizing the grass Annual aerating, sidewalk edging and general landscape maintenance Removal of snow from parking lots and sidewalks at the three buildings Application of sand / snow melt to paved areas during ice events The bid letting for this project was held on Tuesday, November 9, 2021 and the City received the following bid: Razor’s Engineer’s Edge Estimate Schedule A: City & County Gov’t Center $37,920 $38,000 Schedule B: County Courthouse & 1921 Building $46,905 $44,500 Total Schedule A & B $84,825 $82,500 Item Details: Staff reviewed the bid prices in comparison to total cost of services in the previous year. The low bid prices were similar to the current hourly rates; however, the aerating, fertilizing, and landscape costs were slightly higher. The services are paid based on actual work performed and the total amount spent will vary depending on the amount of snow and lawn care needed. Legal Consideration: City Attorney Britzman will provide review of the contract. Strategic Plan Consideration: Service and Innovation Excellence – Contracting with private sector professionals utilizes specific expertise and equipment to save staff time, which can be dedicat ed to other priorities and projects. Financial Consideration: The City will enter into a contract with Razor’s Edge for the hourly rates submitted on the bid proposal with an estimated total of $84,825.00. Options: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Recommendation: Staff recommends approval of the resolution as presented. Action Requested: Approval of the resolution to award the contract to Razor’s Edge for the low bid of $84,825.00. Supporting Documentation: Resolution Maps Resolution 21-098 Resolution Awarding Bids on Brookings City & County Lawn Care and Snow Removal Services Whereas, the City of Brookings opened bids for Brookings City & County Lawn Care and Snow Removal Services on Tuesday, November 9, 2021 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the service contract will run from January 1, 2022 through December 31, 2022 and will be renewable for one additional year for 2023; and Whereas, the City of Brookings has received the following bid for the Brookings City & County Lawn Care and Snow Removal Services: Schedule A: Razors Edge - $37,920.00 and Schedule B: Razors Edge - $46,905.00. Now Therefore, Be It Resolved that the low total bid of $84,825.00 for Razor’s Edge be accepted. Passed and approved this 23rd day of November, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk Figure 1.1: Grass areas to be mowed and maintained at the Brookings City & County Government Center. 3rd Street 7th Ave6th Ave4th Street Mowing Areas County Courthouse Figure 1.2: Grass areas to be mowed and maintained at the Brookings County Courthouse. Figure 1.3: Grass areas to be mowed and maintained at the 1921 Building. Snow Pile Area Snow Pile Area 3rd Street 6th AveFront S t r e e t5th Ave520 3rd St. City & County Government Center New Parking Lot to be Constructed Parking Lot Snow Removal Areas Sidewalk Snow Removal Areas Figure 2.1: Areas requiring snow removal at the Brookings City and County Government Center. Snow Pile Area 3rd Street 7th Ave6th Ave4th Street County Courthouse Parking Lot Snow Removal Areas Sidewalk Snow Removal Areas Figure 2.2: Areas requiring snow removal at the Brookings County Courthouse. Figure 2.3: Areas requiring snow removal at the 1921 Building. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-099,Version:1 Action on Resolution 21-099, a Resolution Awarding Bids on City Crop Land Lease in Wiese and Freeland Additions. Summary: This resolution will award bids for the 2022 City Crop Lease in the Freeland and Wiese Additions to LNJ Farms, Lyle Bothe, owner, for the high bid of $180.00 per acre. Background: The City owns 10 acres of property available for a crop land lease in Freeland Addition and 30 acres in the Wiese Addition. The crop land lease will be a one-year lease for 2022, and may be renewable for one additional year in 2023. A bid letting was held at 1:30 on Tuesday, November 9, 2021, and the following bids were received: LNJ Farms, Lyle Bothe $180.00 per acre Cody & Seth Moret $177.50 per acres Bauer Farms $172.50 per acre Following approval of this resolution to award the bids, the City will hold a public hearing with intent to lease to a private person at the December 14, 2021 City Council meeting. Recommendation: Staff recommends approval. Attachments: Memo Resolution Maps City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: November 23, 2021 Subject: Awarding Bids on City Crop Lease in Wiese Addition and Freeland Addition Presenter: Mike Struck, Community Development Director Summary: This resolution will award bids for the 2022 City Crop Lease located in the Wiese Addition and Freeland Addition to LNJ Farms, Lyle Bothe, owner, for the high bid of $180.00 per acre. Background: The City is leasing approximately 10 acres of crop land in the Freeland Addition and 30 acres of crop land in the Wiese Addition as shown on the attached map. The City Crop Lease will be for 2022 with an option to renew for one additional one year for 2023. The lease terms are shorter for these parcels since they are in the industrial park and marketed for sale. Item Details: A bid letting was held at 1:30 on Tuesday, November 9, 2021, and the following bids were received: LNJ Farms $180.00 per acre Cody and Seth Moret $177.50 per acre Bauer Farms $172.50 per acre Following approval of this resolution to award the bids, the City will hold a public hearing with intent to lease to a private person at the December 14, 2021 City Council meeting. Legal Consideration: None. Strategic Plan Consideration: The crop lease furthers the strategic initiative of financial responsibility, whereby the City receives revenue from the lease. The person providing the crop lease also provides weed control, thereby saving City staff and expenses for the weed control operations. Financial Consideration: The City will enter into a one-year contract for 2022 with LNJ Farms for the high bid of $180.00 per acre for 40 acres resulting in the annual payment of $7,200.00. The contract may be renewed for one additional term for 2023. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Map Resolution 21-099 Resolution Awarding Bids on City Crop Lease in Wiese and Freeland Additions Whereas, the City of Brookings opened bids for approximately 40 acres of City Crop Lease for City-owned parcels located in Wiese Addition and Freeland Additions on Tuesday, November 9, 2021 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Crop Lease: LNJ Farms - $180.00 per acre; Cody & Seth Moret - $177.50; and Bauer Farms - $172.50 per acre. Whereas, the crop lease will be a one-year lease for 2022, and may be renewable for one additional year in 2023. Now, Therefore, Be It Resolved that the high bid of (Bidder) for $180.00 per acre be accepted. Passed and approved this 23rd day of November, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk I 29I 29US HWY 14 BYPRAMP 32ND AVERAMPBlock 10 Freeland Addn. 10 Acres +/- Freeland Addition Land Lease Map I 29RAMP6TH ST LEFEVRE DRI 2932ND AVE6TH STRAMP CAPITAL ST Block 9, Wiese Addition 30 Acres +/- Wiese Addition Land Lease Map City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-100,Version:1 Action on Resolution 21-100, a Resolution Awarding Bids for Airport Hay Land Lease. Summary: This resolution will award bids for the 2022 Airport Hay Land Lease. Background: The City has approximately 314 acres of property at the Brookings Regional Airport in Sections 26, 27 and 28, T110N, R50W that is available for the hay land lease. The City advertised for a one-year lease with an option to renew for an additional year. Recommendation: Recommend awarding the bid to MC Hay in the amount of $91.33 per acre. Attachments: Memo Resolution Map City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Matthew Sommerfeld, Airport Manager Council Meeting: November 23, 2021 Subject: Awarding Bids on City Hay Lease at Brookings Regional Airport Presenter: Charlie Richter, City Engineer Summary: This resolution will award bids for the 2022 City Hay Lease located at the Brookings Regional Airport to MC Hay, for the high bid of $91.33 per acre. Background: The City is leasing approximately 314 acres of Hay land at the Brookings Regional Airport as shown on the attached map. The City Hay Lease will be for 2022 with an option to renew for one additional one year for 2023. Item Details: A bid letting was held at 1:30pm on Tuesday, November 9, 2021, and the following bids were received: MC Hay $91.33 per acre Cody and Seth Moret $90.50 per acre LNJ Farms $88.00 per acre Steve Johnson $75.00 per acre Bauer Farms $67.50 per acre Following approval of this resolution to award the bids, the City will hold a public hearing with intent to lease to a private person at the December 14, 2021 City Council meeting. Legal Consideration: None. Strategic Plan Consideration: The Hay lease furthers the strategic initiative of financial responsibility, whereby the City receives revenue from the lease. The person providing the hay lease also provides weed control, thereby saving City staff and expenses for the weed control operations. Financial Consideration: The City will enter into a one-year contract for 2022 with MC Hay for the high bid of $91.33.00 per acre for 314 acres resulting in the annual payment of $28,677.62. The contract may be renewed for one additional term for 2023. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Map Resolution 21-100 Resolution Awarding Bids on Airport Hay Lease Whereas, the City of Brookings opened bids to lease approximately 314 acres of Airport Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T110, R50W, on Tuesday, November 9, 2021 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Airport Hay Lease: MC Hay, Volga SD $91.33 per acre Cody & Seth Moret, Brookings, SD $90.50 per acre LNJ Farms, Aurora, SD $88.00 per acre Steve Johnson, Brookings, SD $75.00 per acre Bauer Farms, Elkton, SD $67.50 per acre Now Therefore, Be It Resolved that the high bid of MC Hay, Volga, SD for $91.33 per acre be accepted. Passed and approved this 23rd day of November, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk tetetexttexttexttextte xttext3RD STDE E R L N3RD ST S4TH ST S1ST ST SC RYS T AL R I D G E R D8TH ST SW 1 6 T H AVE10TH ST WW 2ND ST SRAILROAD STW E S T ERN A V E DIV I S I O N A V EFRONT STFRONT ST4TH STW E S T E R N A V E S WES TER N A V E SO N AKA TR L W 6TH STHENRY AVEHENRY AVE 7TH ST1 S T AVE S 5THST S2 N D AVEMAIN A V ERD AVE MA I N A V E S WILSON AVE R E GENCY CTREGENCY CTW 8TH ST SW 8TH ST S1 S T A V E5TH AV E 5TH ST8TH ST W2ND ST SW US HW Y 14W 1 6 T H A V E S6TH ST City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-101,Version:1 Action on Resolution 21-101, a Resolution Approving the Purchase of a New Automated Collection Truck. Summary: Collection Truck #39 which was purchased in 2012 has surpassed its useful life and has begun and will continue to require costlier repairs. Staff recommends an agreement to purchase a new collection truck through Sanitation Products through Sourcewell Contracts #091219-CRB and #060920-PMC for the purchase price of $290,652, which is slightly over budget of $290,000. Recommendation: Staff recommends approval. Attachments: Memo Resolution Curbtender Cost Estimate Peterbilt Cost Estimate Sourcewell - Curbtender - Proof of Publication Sourcewell - Curbtender - Proposal Evaluation Sourcewell - Curbtender - Contract Acceptance Sourcewell - Peterbilt - Proof of Publication Sourcewell - Peterbilt - Proposal Evaluation Sourcewell - Peterbilt - Contract Acceptance Appendix - About Sourcewell City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: November 23, 2021 Subject: Solid Waste Collection Truck Purchase Presenter: Jacob Meshke, Assistant City Manager Summary: Collection Truck #39 which was purchased in 2012 has surpassed its useful life and has begun and will continue to require costlier repairs. Staff recommends an agreement to purchase a new collection truck through Sanitation Products through Sourcewell Contracts #091219-CRB and #060920-PMC for the purchase price of $290,652, which is slightly over budget of $290,000. Background: Collection Truck #39, purchased in 2012, was scheduled for replacement in 2021. Due to rising prices in the pandemic, the collection truck pricing is coming in $652 over budget when previously expected to be about $5,000 under budget. The lead time for the truck is 12-16 months, which will push the purchase into 2022 or possibly even 2023. Staff will carry over the $290,000 in budgeted funds and supplement with an additional $652 in 2022 to ensure the new collection truck is properly budgeted. Item Details: Staff recommends an agreement to purchase a new collection truck through Sanitation Products through Sourcewell Contracts #091219-CRB and #060920-PMC. The purchase price of $290,652 is slightly over the initial budget of $290,000. Due to increased lead time on the collection truck, staff would carryover the budgeted funds and appropriately supplement to properly budget for the full purchase price of $290,652 in 2022. There are two Sourcewell contracts for this item as the truck chassis comes from Allstate Peterbilt of Fargo and the collection truck bed comes from Sanitation Products Inc. Legal Consideration: City Attorney Steve Britzman has reviewed the purchase agreement. Strategic Plan Consideration: Fiscal Responsibility – limits the City’s future liability for costly service repairs. Service and Innovation Excellence – the new collection truck will operate more efficiently and effectively than the current, aging collection truck. Financial Consideration: The Solid Waste Fund has funds available for the purchase amount of $290,652. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Curbtender Cost Estimate Peterbilt Cost Estimate Sourcewell – Curbtender – Proof of Publication Sourcewell – Curbtender – Proposal Evaluation Sourcewell – Curbtender – Contract Acceptance Sourcewell – Peterbilt – Proof of Publication Sourcewell – Peterbilt – Proposal Evaluation Sourcewell – Peterbilt – Contract Acceptance Appendix – About Sourcewell Resolution 21-101 Resolution Approving the Purchase of a New Automated Collection Truck Whereas, the Solid Waste Division requests action to purchase a new automated collection truck for refuse, recycling, and yard waste collections through Sourcewell, a purchasing cooperative, pursuant to Sourcewell Contracts #091219-CRB and #060920- PMC through vendor Sanitation Products; and Whereas, the new automated collection truck will replace a 2012 truck that is beyond its useful life; and Whereas, the 2021 Adopted Budget identifies $290,000 for the purchase of a new automated collection truck, with a 2022 budget supplement of $652 anticipated to complete this purchase. Now, Therefore, Be It Resolved that a contract with Sanitation Products and Allstate Peterbilt of Fargo through Sourcewell Contracts #091219-CRB and #060920-PMC in the amount of $290,652 is hereby approved, and the City Manager and City Clerk are authorized to sign the documents required to complete this purchase. Passed and approved this 23rd day of November, 2021. CITY OF BROOKINGS ________________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk City of Brookings 10/13/21 Attn: Jacob Meshke 520 3rd St Brookings, SD 57006 Jacob, Here’s an updated quote on the 23yd Curbtender. The quote will contain the following options. 23 yd Curbtender powerpack Full eject Powerpack arm with proportional controls Front pump Hydraulic oil suction strainer Cordura hydraulic hose covering Joystick with toggle to grip Controls under seat Remote grease line lift, pack and tailgate cylinders Commercial grippers Bolt on grippers Air operated hopper cover 3/16” hardox hopper liner Extended chute for clean out doors 3/16” body floor liner 3 rows body retention teeth RH clean out tool and holder Rear spill shield Strobe behind cab LED work lights LED rear flood lights LED amber smart lights Hopper camera Rear camera LH camera with separate monitor Painted white 5 year electronic warranty 2 year cylinder warranty Delivery The price on this body using Sourcewell contract # 091219-CRB is $141,762.00. Please contact me at 605-370-4509 if you have any questions. Sanitation Products Inc. Ben Kreklow Opportunity Notice Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services Opportunity Information Organization:Alberta Association of Municipal Districts and Counties Organization Address: Reference Number:AB-2019-04358 Solicitation Number: AB-2019-04358 Solicitation Type:Request for Proposal Posting (MM/dd/yyyy):07/11/2019 03:30:00 PM Alberta Time Closing (MM/dd/yyyy):09/12/2019 03:30:59 PM Alberta Time Last Update (MM/dd/yyyy): 07/11/2019 03:01:31 PM Alberta Time Agreement Type:NWPTA/TILMA & CFTA & CETA Region of Opportunity:Open Region of Delivery:Alberta Opportunity Type:Open & Competitive Commodity Codes: N4540A: Garbage Disposal Units N4540: Waste Disposal Equipment N2320DJA: Truck, Refuse Collection, Diesel, to 27,499 GVWR N2320GJ: Truck, Refuse Collection, Gasoline Powered N2320DJB: Truck, Refuse Collection, diesel, 27,500 GVWR and Up Category: Goods This opportunity is now closed. APC "Opportunity Notices" This notice is provided for information purposes only. Refer to the "Opportunity Documents" in the bid package for authoritative information. All queries pertaining to the language, content or any missing or inaccurate information within this abstract must be sent to its originator of the abstract, as specified in the opportunity notice. © APC - All rights reserved. No part of the information contained in this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Manager, Centre of Expertise via: SA.APCRequests@gov.ab.ca. Her Majesty the Queen in right of Alberta and the Alberta public sector entities that use APC are not responsible or liable for the accuracy of the information contained in the publication. It is the responsibility of interested parties to review the opportunity posting for changes or updates prior to the opportunity closing date/time. Page 1 of 1Opportunity Preview 11/14/2019http://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=864027BF-9B97-477B-A... 6 C ❚THURSDAY, JULY 11, 2019 ❚USA TODAY E2 SPORTS SPORTS ON TV Times p.m. Eastern unless noted. Check local listings. AUTO RACING:NASCAR Gander Outdoors Truck Se- ries: qualifying (FS1, 4); NASCAR Gander Outdoors Truck Series: The Buckle Up in Your Truck 225 (FS1, 7:30); CYCLING:Tour de France: Stage 6, 98 miles, Mulhouse to La Planche des Belles Filles, France (NBCSN, 7:30 a.m.) GOLF:European Tour Golf: The Scottish Open, first round (Golf, 5:30 a.m.); European Tour Golf: The Scot- tish Open, first round (Golf, 9:30 a.m.); PGA Tour Champions Golf: Senior Players Championship, first round (Golf, 1:30); PGA Tour Golf: The John Deere Classic, first round (Golf, 4); LPGA Tour Golf: The Mar- athon Classic, first round (Golf, 7:30) HIGH SCHOOL BASEBALL: GEICO City Series: Teams TBD, third-place game (ESPNU, 3); GEICO City Series: Teams TBD, championship game (ESPNU, 6) MIXED MARTIAL ARTS:Professional Fighters League: women’s lightweights and men’s welterweights (ESPN2, 8:30) MLB:Houston at Texas (ESPN, 8) NBA:Summer League: Toronto vs. Indiana (NBA, 6); Summer League: Washington vs. Atlanta (ESPN2, 6:30); Summer League: Portland vs. Oklahoma City (NBA, 8); Summer League: Houston vs. Utah (ESPNU, 8:30); Summer League: Sacramento vs. LA Clippers (NBA, 10); Summer League: Memphis vs. Boston (ESPN2, 10:30) TENNIS: Wimbledon: E. Svitolina vs. S. Halep and S. Williams vs. B. Strýcová, Ladies’ Semifinals (ESPN, 8 a.m.) FOR THE RECORD All times ET MLB East Division W L Pct GBNew York 57 31 .648 —Tampa Bay 52 39 .571 61⁄2Boston4941.544 9Toronto3457.374 241⁄2Baltimore2762.303 301⁄2 Central Division W L Pct GBMinnesota5633.629 —Cleveland 50 38 .568 51⁄2Chicago4244.488 121⁄2Kansas City 30 61 .330 27Detroit2857.329 26 West Division W L Pct GBHouston5733.633 —Oakland 50 41 .549 71⁄2Texas4842.533 9Los Angeles 45 46 .495 121⁄2Seattle3955.415 20 Tuesday American League 4, National League 3Wednesday No games scheduledThursday Houston at Texas, 8:05 p.m.National LeagueEast Division W L Pct GBAtlanta5437.593 —Washington 47 42 .528 6Philadelphia4743.522 61⁄2New York 40 50 .444 131⁄2Miami3355.375 191⁄2 Central Division W L Pct GBChicago4743.522 —Milwaukee 47 44 .516 1⁄2St. Louis 44 44 .500 2Pittsburgh4445.494 21⁄2Cincinnati4146.471 41⁄2 West Division W L Pct GBLos Angeles 60 32 .652 —Arizona 46 45 .505 131⁄2San Diego 45 45 .500 14Colorado4445.494 141⁄2San Francisco 41 48 .461 171⁄2 Tuesday American League 4, National League 3Wednesday No games scheduledThursday No games scheduledTuesdayAmerican League 4, NationalLeague 3 NL AB R H BI BB SO Avg. Yelich lf 2 0 0 0 0 1 .000 Bryant lf 1 0 0 0 0 1 .000 McNeil lf 1 0 0 0 0 0 .000 Baez ss 2 0 0 0 0 1 .000 Story ss 1 0 0 0 0 1 .000 DeJong ss 0 0 0 0 1 0 .258 Freeman 1b 1 0 0 0 1 1 .000 Blackmon rf 2 1 1 1 0 1 .500 Bellinger rf 2 0 0 0 0 2 .000 Alonso 1b 2 0 1 2 0 1 .500 Arenado 3b 2 0 0 0 0 0 .000 Moustakas 3b 2 0 0 0 0 0 .000 Bell dh 2 0 1 0 0 0 .500 d-Realmuto ph-dh 2 0 0 0 0 1 .000 Contreras c 2 0 0 0 0 1 .000 Muncy 2b 2 0 0 0 0 1 .000 Marte 2b 2 0 1 0 0 1 .500 Grandal c 1 1 0 0 1 1 .000 Acuna Jr. cf 2 0 0 0 0 2 .000 Dahl cf 1 1 1 0 0 0 1.000Totals32353316 AL AB R H BI BB SO Avg. Springer rf 2 0 1 0 0 1 .500 a-Lindor ph-ss 2 0 0 0 0 1 .000 LeMahieu 2b 2 0 0 0 0 0 .000 b-Torres ph-2b 2 0 1 0 0 1 .500 Trout cf 2 0 0 0 0 0 .000 Merrifield cf 2 0 0 0 0 1 .000 Santana 1b 3 0 0 0 0 1 .000 Abreu 1b 1 0 0 0 0 0 .000 Martinez dh 2 0 0 0 0 1 .000 c-Vogelbachph-dh 1 0 0 0 0 0 .000 Bregman 3b 2 1 1 0 0 0 .500 M.Chapman 3b 0 1 0 0 1 0 .265 Sanchez c 2 1 1 0 0 0 .500 McCann c 1 0 1 0 0 0 1.000Brantley lf 1 0 1 1 0 0 1.000Meadows lf-rf 1 0 0 0 0 0 .000 e-Bogaerts ph 1 0 0 0 0 0 .000 Betts rf 0 0 0 0 0 0 .272 Polanco ss 2 0 1 1 0 1 .500 Gallo lf 1 1 1 1 0 0 1.000Totals3048317 NL 000 001 020 —3 5 0 AL 010 010 20x —4 8 0 a-struck out for Springer in the 5th. b-struckout for LeMahieu in the 5th. c-flied out forMartinez in the 6th. d-popped out for Bell inthe 7th. e-grounded out for Meadows in the7th.LOB—NL 5, AL 3. 2B—Marte, Sanchez, Brantley.HR—Blackmon, off Hendriks; Gallo, off Smith.RBIs—Alonso 2, Blackmon, Brantley, Polanco,Gallo. SB—Alonso, DeJong.Runners left in scoring position—NL 4 (Baez,Bell, Moustakas 2); AL 2 (Santana, Polanco).RISP—NL 1 for 8; AL 1 for 6.Runners moved up—Arenado, LeMahieu,Trout, Meadows, Bogaerts. GIDP—Abreu, Bo-gaerts.DP—NL 2 (DeJong, Muncy, Alonso), (DeJong,Muncy, Alonso). NL IP H R ER BB SO NP ERA Ryu 1 1 0 0 0 0 12 0.00 Kershaw, L 1 2 1 1 0 1 16 9.00 deGrom 1 0 0 0 0 1 7 0.00 Castillo 1 0 0 0 0 2 15 0.00 Buehler 1 2 1 1 0 2 19 9.00 Soroka 1 0 0 0 0 0 10 0.00 Woodruff 2⁄3 1 1 1 1 0 12 13.50 Smith 1⁄3 1 1 1 0 0 3 27.00 Alcantara 1 1 0 0 0 1 10 0.00 AL IP H R ER BB SO NP ERA Verlander 1 0 0 0 0 2 14 0.00 Tanaka, W 1 1 0 0 0 1 17 0.00 Berrios, H, 0 1 1 0 0 0 2 13 0.00 Giolito, H, 0 1 0 0 0 1 1 13 0.00 Bieber, H, 0 1 0 0 0 0 3 19 0.00 Hendriks, H, 7 1 1 1 1 0 3 19 9.00 Greene, H, 0 1 0 0 0 0 0 12 0.00 Hand, H, 0 1 2 2 2 2 1 33 18.00 A.Chapman, S 1 0 0 0 0 3 12 0.00 Umpires—Home, Mark Wegner; First, BrianO’Nora; Second, Phil Cuzzi; Third, Tim Tim-mons; Right, Jordan Baker; Left, D.J. Reyburn.T—2:48. A—36,747 (35,225). TOUR DE FRANCE WednesdayColmar, FranceFifth Stage A 175.5-kilometer (109-mile) hilly ride nearthe German border from Saint-Dié-des-Vosges to Colmar, with a pair of Category 2climbs sandwiched by a pair of Category 3s.1. Peter Sagan, Slovakia, Bora-Hansgrohe,4:02:33.2. Wout Van Aert, Belgium, Jumbo-Visma,same time.3. Matteo Trentin, Italy, Mitchelton-Scott,same time.4. Sonny Colbrelli, Italy, Bahrain-Merida,same time.5. Greg Van Avermaet, Belgium, CCC, sametime.6. Julien Simon, France, Cofidis, same time.7. Michael Matthews, Australia, Sunweb, sametime.8. Nils Politt, Germany, Katusha Alpecin, sametime.9. Jasper Stuyven, Belgium, Trek-Segafredo,same time.10. Julian Alaphilippe, France, Deceuninck-QuickStep, same time.11. Xandro Meurisse, Belgium, Wanty-Gobert,same time.12. Edvald Boasson Hagen, Norway, Dimen-sion Data, same time.13. Alberto Bettiol, Italy, EF Education First,same time.14. Guillaume Martin, France, Wanty-Gobert,same time. 15. Alexey Lutsenko, Kazakhstan, Astana,same time.16. Omar Fraile, Spain, Astana, same time.17. Fabio Felline, Italy, Trek-Segafredo, sametime.18. David Gaudu, France, Groupama-FDJ,same time.19. Warren Barguil, France, Arkea-Samsic,same time.20. Daryl Impey, South Africa, Mitchelton-Scott, same time.Overall Standings(After five stages)1. Julian Alaphilippe, France, Deceuninck-QuickStep, 18:44:12.2. Wout Van Aert, Belgium, Jumbo-Visma, :14.3. Steven Kruijswijk, Netherlands, Jumbo-Vis-ma, :25.4. George Bennett, New Zealand, Jumbo-Vis-ma, same time.5. Michael Matthews, Australia, Sunweb, :40.6. Egan Bernal, Colombia, Ineos, same time.7. Geraint Thomas, Britain, Ineos, :45.8. Enric Mas, Spain, Deceuninck-QuickStep,:46.9. Peter Sagan, Slovakia, Bora-Hansgrohe,:50.10. Greg Van Avermaet, Belgium, CCC, :51.11. Michael Woods, Canada, EF EducationFirst, same time.12. Wilco Kelderman, Netherlands, Sunweb,same time.13. Thibaut Pinot, France, Groupama-FDJ, :52.14. Rigoberto Urán, Colombia, EF EducationFirst, :53.15. Tejay Van Garderen, United States, EF Edu-cation First, same time.16. Sonny Colbrelli, Italy, Bahrain-Merida, :56.17. Matteo Trentin, Italy, Mitchelton-Scott, :57.18. David Gaudu, France, Groupama-FDJ,same time.19. Rudy Molard, France, Groupama-FDJ,same time.20. Nicolas Roche, Ireland, Sunweb, 1:00. SOCCER National Women’s Soccer LeagueW L T Pts GF GA Reign FC 5 1 5 20 12 9 North Carolina 5 2 4 19 24 12 Portland 5 2 4 19 19 13 Washington 5 3 3 18 17 11 Utah 5 3 2 17 8 7 Chicago 4 5 2 14 17 18 Houston 3 4 4 13 13 18 Orlando 2 8 2 8 12 27 Sky Blue FC 1 7 2 5 8 15 FridayUtah at Sky Blue FC, 7:30 p.m.SaturdayReign FC at North Carolina, 7 p.m.Chicago at Houston, 8:30 p.m.SundayOrlando at Portland, 3 p.m.MLSEASTERN CONFERENCE W L T Pts GF GAPhiladelphia1056363928D.C. United 8 5 7 31 25 21Atlanta973302723Montreal993302634NY City FC 7 2 8 29 30 20New York 8 7 4 28 33 27Toronto FC 6 8 5 23 30 33New England 6 8 5 23 22 36Orlando City 6 9 4 22 27 27Chicago587223129Columbus5132171730Cincinnati4132141844 WESTERN CONFERENCEWLTPts GF GALos Angeles 13 2 4 43 50 16LA Galaxy 11 7 1 34 26 22Seattle955322925Minnesota 9 7 3 30 36 29FC Dallas 8 7 5 29 29 25San Jose 8 7 4 28 30 30Houston873272825Real Salt Lake 8 9 2 26 25 29Portland782232628Sporting KC 5 7 7 22 29 34Vancouver488202231Colorado5104192938 Friday New England at D.C. United, 7 p.m.Los Angeles FC at Houston, 9 p.m.San Jose at LA Galaxy, 11 p.m. WNBA EASTERN CONFERENCEWL Pct GBWashington95.643 —Connecticut 9 6 .600 1⁄2Chicago77.500 2New York 7 8 .467 21⁄2Indiana610.375 4Atlanta410.286 5 WESTERN CONFERENCEWL Pct GBLas Vegas 10 5 .667 —Minnesota 8 6 .571 11⁄2Phoenix76.538 2Los Angeles 7 7 .500 21⁄2Seattle88.500 21⁄2Dallas59.357 41⁄2 Tuesday Dallas 74, Los Angeles 62Wednesday Atlanta 78, Connecticut 75Phoenix 91, Washington 68Las Vegas 74, Indiana 71Minnesota at Chicago, lateFriday Los Angeles at Indiana, 7 p.m.Minnesota at Atlanta, 7:30 p.m.Phoenix at Connecticut, 8 p.m.New York at Chicago, 8 p.m.Dallas at Seattle, 10 p.m. TENNIS Wimbledon Results LONDON – Results Wednesday from Wimble-don at The All England Lawn Tennis & CroquetClub (seedings in parentheses):Men’s Singles Quarterfinals Novak Djokovic (1), Serbia, def. David Goffin(21), Belgium, 6-4, 6-0, 6-2.Roberto Bautista Agut (23), Spain, def. GuidoPella (26), Argentina, 7-5, 6-4, 3-6, 6-3.Rafael Nadal (3), Spain, def. Sam Querrey,United States, 7-5, 6-2, 6-2.Roger Federer (2), Switzerland, def. Kei Nishi-kori (8), Japan, 4-6, 6-1, 6-4, 6-4.Men’s Doubles Quarterfinals Raven Klaasen, South Africa, and MichaelVenus (3), New Zealand, def. Henri Kontinen,Finland, and John Peers (8), Australia, 4-6,6-3, 6-7 (5), 6-4, 6-3.Women’s Doubles Third Round Danielle Collins and Bethanie Mattek-Sands ,United States, def. Victoria Azarenka, Belarus,and Ash Barty (10), Australia, walkover.Quarterfinal Hsieh Su-wei, Taiwan, and Barbora Strycova(3), Czech Republic, def. Elise Mertens, Bel-gium, and Aryna Sabalenka (6), Belarus, 6-4,6-2.Gabriela Dabrowski, Canada, and Xu Yifan (4),China, def. Bethanie Mattek-Sands and Dan-ielle Collins, United States, 6-1, 6-3.Barbora Krejcikova and Katerina Siniakova(2), Czech Republic, def. Anna-Lena Groene-feld, Germany, and Demi Schuurs (8), Nether-lands, 6-2, 7-6 (1).Mixed Doubles Third Round Bruno Soares, Brazil, and Nicole Melichar (1),United States, def. Andy Murray, Britain, andSerena Williams, United States, 6-3, 4-6, 6-2.Matwe Middelkoop, Netherlands, and YangZhaoxuan, China, def. Marcus Daniell, NewZealand, and Jennifer Brady, United States,6-2, 6-7 (5), 6-4.Wesley Koolhof, Netherlands, and KvetaPeschke (5), Czech Republic, def. Aisam-ul-Haq Qureshi, Pakistan, and Nadiia Kichenok,Ukraine, 7-6 (5), 6-4.Artem Sitak, New Zealand, and Laura Siege-mund, Germany, def. Mate Pavic, Croatia, andGabriela Dabrowski (3), Canada, 5-7, 7-6 (5),13-12 (5).Ivan Dodig, Croatia, and Latisha Chan (8), Tai-wan, def. Edouard Roger-Vasselin, France,and Andreja Klepac (11), Slovenia, 2-6, 6-3,6-4. AUTO RACING NASCAR Monster Energy CupPoints Leaders1. Joey Logano, 700 2. Kyle Busch, 682 3. Kevin Harvick, 625 4. Brad Keselowski, 613 5. Martin Truex Jr., 597 6. Denny Hamlin, 588 7. Chase Elliott, 585 8. Kurt Busch, 564 9. Alex Bowman, 534 10. Aric Almirola, 512 11. Ryan Blaney, 508 12. William Byron, 498 13. Jimmie Johnson, 474 14. Kyle Larson, 473 15. Clint Bowyer, 444 16. Ryan Newman, 443 17. Daniel Suarez, 440 18. Erik Jones, 430 19. Ricky Stenhouse Jr., 39820. Paul Menard, 390 IndyCar Points LeadersThrough June 231. Josef Newgarden, 4022. Alexander Rossi, 3953. Simon Pagenaud, 3414. Scott Dixon, 3085. Takuma Sato, 2926. Will Power, 2947. Ryan Hunter-Reay, 2718. Graham Rahal, 2449. James Hinchcliffe, 21610. Felix Rosenqvist, 20911. Sebastien Bourdais, 208 12. Santino Ferrucci, 20413. Spencer Pigot, 19414. Colton Herta, 18315. Marcus Ericsson, 18316. Marco Andretti, 17417. Tony Kanaan, 15618. Zach Veach, 15319. Ed Jones, 15220. Matheus Leist, 145 DEALS BASEBALL American LeagueHOUSTON ASTROS — Sent RHP Joe Smith toCorpus Christi (PCL) for a rehab assignment.OAKLAND ATHLETICS — Sent RHP Jharel Cot-ton to Stockton (Cal) for a rehab assignment.SEATTLE MARINERS — Signed RHPs MichaelLimoncelli, Anthony Tomczak and Dutch Lan-dis to minor league contracts.National LeagueCINCINNATI REDS — Optioned INF/OF JoshVanMeter to Louisville (IL).LOS ANGELES DODGERS — Optioned 1B MattBeaty to Oklahoma City (PCL). Reinstated SSCorey Seager from the 10-day IL.ST. LOUIS CARDINALS — Signed OF TommyJew to a minor league contract. Advertise in USA TODAY! (800) 397-0070 sales@russelljohns.com SET YOUR APART. Advertise with USA TODAY! 800-397-0070 BRAND To view more Classified listings, visit: www.classifieds.usatoday.com BUSINESS OPPORTUNITIES MARKETPLACE MARKETPLACE MARKETPLACE LOOKING FOR A NEW OPPORTUNITY? We need former biz owners, former executives or professionals adding on to their practices. Since 1991 we have been putting high end individuals into lucrative consulting practices. Start up capital required! Call: 877-826-2998 or email us at consultbbb@gmail.com Make 20% in 12 months secured by real estate Company that invented the shoes that charge your phone, generator powered by wind & sun as well as 60 other inventions is looking for a 12 month loan.Will pay 20% interest & pledge real estate as security. Phone or text: ingeniousproducts4@gmail.com Looking for New Drivers for upcoming launch of a new ride share company June 15th. Keep 100% fares, tips and cancellation fees. Must be 21, have your own car/insurance. Sign up is free. www.cheaprideshares.com 2 Bd 2 Bath House For Sale FSBO in North Phoenix AZ. $280,000! Furnished w/New AC & Appliances! Parks, Shopping & Schools Nearby! Call 602-494-6316 REAL ESTATE HOMES / SOUTHWEST PUBLIC NOTICE INVENTIONS / PATENTS FIRESTOP Help us stop Paradise from happening again! FIRESTOP seen on Denver TV & Denver Post 5 years ago! Need Help! Ron Howard doing movie “PARADISE” Know him, Ellen or Oprah Tell them we’re here! Text me your email, and I’ll send you to a website! 970-388-6117 BOOKS/PUBLICATIONS STUDY THE BIBLE For FREE 8-lesson course Church of Christ, Box 8453, Falls Church, VA 22041 888-949-2176 www.gracewords.org BUSINESS SERVICES Custom Lifesize Statues! Secular, Sports, Religious, ETC. DeliveryIn120Days! PricesStartAt$8,500 www.CaveCo.us caveco33@aol.com Call CAVEMAN 1-800-989-CAVE (2283) REAL ESTATE RANCHES/FARM 877-475-6141 www.TheDiamondB.com The Interlocal Purchasing System (TIPS)posted procurement solicitations at www.tips-usa.com for the following categories: 190701 Web Hosting, Services or Content Management 190702 Temporary Flood Barriers 190703 Video and Audio Equipment, Presentation Systems, Production and other Services Proposals are due and will be opened on August 16, 2019, at 3:00 pm local time. Awards are tentatively scheduled for September 26, 2019 by the Region 8 ESC Board, 4845 US Highway 271 North, Pittsburg, Texas 75686. Call 866-839-8477 for problems with website or questions. NOTICES PUBLIC NOTICE LEGAL NOTICE Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 12, 2019, at 4:30 p.m. CentralTime, and late proposals will not be considered. BUSINESS BANK SERVICES 15 Year Old Subprime Auto Lender Looking to Replace Senior Bank Lenders $25 Million Line of Credit Call and/or Text 706-414-6194 ATTN: MEDICARE RECIPIENTS Do you have chronic Knee or Back Pain? You may qualify for a FREE Knee or Back Brace. Call NOW! For a safe, drug free remedy. Get a pain-relieving back or knee brace at little or no cost to you. National Knee & Back Brace Center! 800-745-1594 HEALTH / FITNESS HEALTH / FITNESS AIRLINE TICKETS TRAVEL IN SEARCH OF IN SEARCH OF YOU MUST CALL US NOW: 800-804-8248 INVOKANA MEDICATION WARNING ATTENTION THIS IS AN IMPORTANT MESSAGE FOR ANYONE THAT HAS TAKEN THE PRESCRIPTION MEDICATION INVOKANA, INVOKOMED OR INVOKOMED XR FOR THEIR DIABETES. IN MAY 2017, BASED ON THE FACTS OF TWO CLINICAL TRIALS, THE FDA ISSUED A HEALTH ADVISORY WARNING THAT THESE DIABETES MEDICATIONS INCREASE THE RISK OF AMPUTATION OF THE LEGS AND TOES. IFYOU ORYOUR LOVED ONE HAVE TAKEN THE PRESCRIPTION MEDICATION INVOKANA, INVOKOMED OR INVOKOMED XR FORYOUR DIABETES. Attention Diabetics! NO More Finger Pricking GetYour New GCM Devices Covered by Medicare (must test/inject 4+ x a day) 855-629-5927 AUTO AUTO SERVICES Special Alert to Auto Owners Does your vehicle have less than 200,000 miles, with an auto warranty about to expire or no war- ranty coverage at all? You can pay NOTHING for repairs, as well as receive free towing, free car rental and free roadside assistance Call now for a free quote! 800-339-8193 FINANCIAL DROWNING IN CREDIT CARD DEBT? Struggling to make minimum payments Owe $10,000 or more? Call for our debt reset program! CALL TODAY: 800-478-7009 New Tax Laws! Pay Lower Taxes! *Guaranteed if you qualify Owe 10k+ to the IRS? Got Unfiled Returns? Call The Tax Doctor 800-847-9607 To advertise, call:1-800-397-0070 In Re: Flipdaddy’s, LLC Case No. 1:18-14408 United States Bankruptcy Court, Southern District of Ohio Western Division NOTICE OF ENTRY OF ORDER APPROVING THE DISCLOSURE STATEMENT OF FLIPDADDY’S, LCC ON JUNE 26, 2019 INCLUDING RIGHTS OFFERING PROCEDURES AND RELATED MATERIALS. (Doc. No. 130) (“THE OFFER”) The Offer and Rights Offering includes the ability of any current member or the general public to acquire a new membership interest in exchange for any previously issued membership interests or for any individual or entity to acquire what would be a pro rata share and voting interest of up to twenty five percent (25%) of the newly issued membership interests in Flipdaddy’s, LLC, the Reorganized Debtor. The Offer is subject to the Procedures set forth in the Rights Offering, Related Letter of Transmittal, together with any amendments, supplements and additional materials making up the Rights Offering Materials. Neither the Securities and Exchange Commission nor any State Securities Commission has approved or disapproved of the Membership Interests to be issued as consideration for the Offer or passed on the adequacy of accuracy of the materials and information underlying the Offer and the Disclosure Statement. If you have further interest and wish to acquire further information, please contact: Steven L. Diller Diller & Rice, LLC 124 E. Main Street, Van Wert, Ohio 45891 Telephone: (419) 238-5025 Facsimile: (419) 238-4705 e-mail: steven@drlawllc.com 800-509-1635 FORECLOSURE DEFENSE HELPLINE AREYOU BEHIND ONYOUR MORTGAGE PAYMENTS? COULDYOUR HOUSE GO INTO FORECLOSURE? DOES IT SEEM LIKE THE BANK HAS NO INTEREST IN HELPINGYOU SAVEYOUR HOME ANDYOU FEEL LIKEYOU HAVE NOWHERE TO TURN? THE FORECLOSURE DEFENSE HELPLINE CAN HELP SAVEYOUR HOME. IT’S CRITICAL THAT YOU CALL US RIGHT NOW AT: Call to see if you qualify NOW: 800-208-3526 (24hrs) TALCUM POWDER WARNING Users of Johnson and Johnson’s Baby Powder and Shower to Shower may be at a higher risk of developing ovarian cancer. If you or a loved one used talcum powder and were diagnosed with ovarian cancer, you may be entitled to financial compensation. Have you needed revision surgery? Have you experienced chronic pain, infection, or other complications? If so, you could be owed a significant cash settlement. Call for a free consultation today. 800-478-7176 IVC FILTER WARNING THE FDA HAS ISSUED A WARNING TO ALL IVC FILTER PATIENTS. THESE IVC FILTERS MAY CAUSE SERIOUS INJURIES. IF YOU OR YOUR LOVED ONE HAD AN IVC FILTER IMPLANTED YOU MAY BE ENTILTED TO FINANCIAL COMPENSTATION THERE ARE NO FEES UNLESS YOU GET A SETTLEMENT CALL NOW FOR A FREE LEGAL CONSULTATION Call now: 800-340-1530 (24/7) CALL: 800-509-9315 (24hrs) HIGH RISK DRIVER AUTO INSURANCE Have you been classified as a high risk driver due to DUI, DWI or tickets for aggressive driving and are required to get expensive and hard to find SR-22 auto insurance. The call and quote are free! CALL 24/7 FOR FREE PICKUP 800 448 1964 DONATE ANY CAR OR TRUCK ANY CONDITION GET AN IRS DEDUCTION AND FIGHT BREAST CANCER BREAK YOUR DRUG AND ALCOHOL PROBLEM TODAY Before it’s too late. Insurance may cover the cost.With the FMLA you can take off work! Call 24/7 to talk. 800-430-4149 Airline Tickets Deep Discounts Domestic – International – First Class Save up to 75% off Retail Prices Call 24/7 and Save 800-448-0828 Get Out ofYour Timeshare Contract Permanently 800-955-0426 Stop the Payments and Maintenance Fees Guaranteed / No More Timeshare Payments NOTICES PUBLIC NOTICE ALYSSA GILES MISSING From:Lakeland, FL 1-800-THE-LOST Sex:Female Race:White Hair: Auburn Eyes:Hazel DOB: May 26, 2001 Missing: Sep 16, 2018 Age Now:18 NATIONAL CENTER FOR MISSING & EXPLOITED CHILDREN Successful Advertisements start with USA TODAY Classifieds 1-800-397-0070 ŵƌĞƉDĂŶƵĨĂĐƚƵƌŝŶŐ͕>>͘ ƵƌďƚĞŶĚĞƌ͕/ŶĐ͘ ,ŽůͲDĂĐŽƌƉŽƌĂƚŝŽŶ >ĂďƌŝĞ ŶǀŝƌŽƋƵŝƉ'ƌŽƵƉ DĐEĞŝůƵƐ&ŝŶĂŶĐŝĂů͕/ŶĐ͘ WĂƌͲ<ĂŶŽŵƉĂŶLJ͕>> ^ĐƌĂŶƚŽŶDĂŶƵĨĂĐƚƵƌŝŶŐŽ͘ /ŶĐ͘ dŚĞ,ĞŝůŽ͘ hŶŝǀĞƌƐĂů,ĂŶĚůŝŶŐ ƋƵŝƉŵĞŶƚŽŵƉĂŶLJ>ƚĚ͘ WŽƐƐŝďůĞWŽŝŶƚƐ ŽŶĨŽƌŵĂŶĐĞƚŽdĞƌŵƐͬ ŽŶĚŝƚŝŽŶƐƚŽ/ŶĐůƵĚĞ ŽĐƵŵĞŶƚĂƚŝŽŶ ϱϬ ϰϰ ϰϱ ϰϮ ϰϰ ϰϰ ϰϮ ϰϱ ϰϯ ϯϰ WƌŝĐŝŶŐ ϰϬϬ Ϯϴϭ ϯϰϲ ϯϯϴ ϯϰϵ ϯϰϱ ϯϮϲ ϯϰϵ ϯϰϮ ϮϱϬ &ŝŶĂŶĐŝĂů͕/ŶĚƵƐƚƌLJĂŶĚ DĂƌŬĞƚƉůĂĐĞ^ƵĐĐĞƐƐĞƐ ϳϱ ϲϯ ϲϮ ϱϵ ϲϯ ϲϲ ϱϲ ϲϳ ϲϱ ϰϳ ŝĚĚĞƌΖƐďŝůŝƚLJƚŽ^Ğůůͬ ^ĞƌǀŝĐĞŽŶƚƌĂĐƚEĂƚŝŽŶĂůůLJ ϭϬϬ ϳϰ ϴϮ ϳϴ ϴϱ ϴϭ ϲϳ ϴϵ ϴϵ ϱϯ ŝĚĚĞƌΖƐDĂƌŬĞƚŝŶŐWůĂŶ ϱϬ ϰϯ ϰϰ ϰϬ ϰϮ ϰϭ ϯϴ ϰϲ ϰϰ ϯϯ sĂůƵĞĚĚĞĚƚƚƌŝďƵƚĞƐ ϳϱ ϲϮ ϲϳ ϱϲ ϲϯ ϲϳ ϱϱ ϲϳ ϲϳ ϰϳ tĂƌƌĂŶƚLJŽǀĞƌĂŐĞƐĂŶĚ /ŶĨŽƌŵĂƚŝŽŶ ϱϬ ϰϱ ϰϲ ϰϰ ϰϯ ϰϯ ϰϮ ϰϰ ϰϯ ϰϮ ^ĞůĞĐƚŝŽŶĂŶĚsĂƌŝĞƚLJŽĨ WƌŽĚƵĐƚƐĂŶĚ^ĞƌǀŝĐĞƐKĨĨĞƌĞĚ ϮϬϬ ϭϱϯ ϭϴϱ ϭϰϰ ϭϳϴ ϭϳϴ ϭϮϭ ϭϴϮ ϭϴϱ ϭϮϱ dŽƚĂůWŽŝŶƚƐ ϭ͕ϬϬϬϳϲϱ ϴϳϳ ϴϬϭ ϴϲϳ ϴϲϱ ϳϰϳ ϴϴϵ ϴϳϴ ϲϯϭ ZĂŶŬKƌĚĞƌ ϳϯϲϰϱϴϭϮϵ <ŝŵƵƐƚŝŶ͕WW͕^ŽƵƌĐĞǁĞůů ^ƚĞƉŚĂŶŝĞ,ĂĂƚĂũĂ͕W/D͕^ŽƵƌĐĞǁĞůů ƌĂŶĚŽŶdŽǁŶ͕W^D͕W^͕^ŽƵƌĐĞǁĞůů ƌĂŝŐtĞƐƚ͕^ŽƵƌĐĞǁĞůů DŽďŝůĞZĞĨƵƐĞsĞŚŝĐůĞƐǁŝƚŚZĞůĂƚĞĚ ƋƵŝƉŵĞŶƚ͕ĐĐĞƐƐŽƌŝĞƐ͕ĂŶĚ^ĞƌǀŝĐĞƐ WƌŽƉŽƐĂů ǀĂůƵĂƚŝŽŶ Z&WηϬϵϭϮϭϵ DocuSign Envelope ID: 7AF3A319-EF7F-4B23-906F-0B5BC7B06239 091219-CRB 1 Rev. 4/2019 Solicitation Number: RFP#091219 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Curbtender Inc., 701 Performance Dr., Cedar Falls, IA 50613 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires November 15, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 2 Rev. 4/2019 This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold. C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member. D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase. When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 3 Rev. 4/2019 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member. B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number x Clearly specify the requested change x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 4 Rev. 4/2019 5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws. 6. MEMBER ORDERING AND PURCHASE ORDERS A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member. B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal. C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 5 Rev. 4/2019 D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 6 Rev. 4/2019 The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Member Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 7 Rev. 4/2019 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 8 Rev. 4/2019 If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INTELLECTUAL PROPERTY As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws. 15. PUBLICITY, MARKETING, AND ENDORSEMENT A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 9 Rev. 4/2019 remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 10 Rev. 4/2019 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer). Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 11 Rev. 4/2019 $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 12 Rev. 4/2019 maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 13 Rev. 4/2019 a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 14 Rev. 4/2019 work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 15 Rev. 4/2019 covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 091219-CRB 16 Rev. 4/2019 Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination. Sourcewell Curbtender Inc. By: __________________________ By: __________________________ Jeremy Schwartz Mark Watje Title: Director of Operations & Procurement/CPO Title: President Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________ DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 5)3 0RELOH5HIXVH&ROOHFWLRQ9HKLFOHVZLWK5HODWHG (TXLSPHQW$FFHVVRULHVDQG6HUYLFHV 9HQGRU'HWDLOV &RPSDQ\1DPH &XUEWHQGHU,QF $GGUHVV 3HUIRUPDQFH'ULYH &HGDU)DOOV,$ &RQWDFW 0DUN:DWMH (PDLO PZDWMH#FXUEWHQGHUFRP 3KRQH )D[ +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q )ULGD\$XJXVW 6XEPLWWHG2Q 7KXUVGD\6HSWHPEHU 6XEPLWWHG%\ 0DUN:DWMH (PDLO PZDWMH#FXUEWHQGHUFRP 7UDQVDFWLRQ HF FIFGIDHFIFD D 6XEPLWWHU V,3$GGUHVV DocuSign Envelope ID: CAE751B7-AD98-4978-8B08-99A8D6AA848A 6SHFLILFDWLRQV 3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV /LQH ,WHP 4XHVWLRQ 5HVSRQVH 3URSRVHUௐ/HJDOௐ1DPHௐ DQGௐDSSOLFDEOHௐ GEDௐLIௐDQ\ &XUEWHQGHUௐ,QF 3URSRVHUௐ$GGUHVV 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Be afraid. www.youtube.com/jfkcia FREE BOOK God's Puzzle Solved Box 1197 Montgomery, TX 77356 GodsPuzzleSolved.com e-mail:art@mokarow.com 936-788-2588 Leave Message No donations ever accepted NOTICE TO OFFERORS Sealed responses will be received by 1GPA office at 1910 W. Washington St. Phoenix, AZ. 85009 until Thursday, May 21, 2020 @ 11:00 am (AZ Time Zone) Request for Proposal Environmental Consultant RFP # 20-03P Sealed responses will be publicly opened in the 1GPA office immediately following the deadline for receiving responses. Solicitations may be downloaded online at www.publicpurchase.com. For additional information please contact Christy Knorr at 866-306-3893 or cknorr@1gpa.org NOTICES PUBLIC NOTICE Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. CentralTime, and late proposals will not be considered. SOUTHWEST FOODSERVICE EXCELLENCE (SFE), ON BEHALF OF CONTRACTED DISTRICTS, IS SOLICITING REQUEST FOR PROPOSAL FOR FOOD SERVICE SUPPLIES, COMMERCIAL DELIVERY, SFE 01-20-01. CONTRACTED DISTRICTS IN THE CENTRAL (NEW MEXICO AND TEXAS), EASTERN (MICHIGAN, MISSOURI, AND PENNSYLVANIA), SOUTHWEST (ARIZONA) REGIONS ARE INCLUDED IN THIS RFP WITH CONTRACT TERM JULY 1, 2020 THROUGH JUNE 30, 2021. ELECTRONICALLY SEALED PROPOSALS WILL BE ACCEPTED UNTIL 11:59 PM CDT MAY 13, 2020 THROUGH BIDFORGE. PROPOSALS WILL BE OPENED AT 10:00 AM CDT MAY 14, 2020. RFP INFORMATION, INCLUDING BUT NOT LIMITED TO, TERMS AND CONDITIONS, DETAILED SPECIFICATIONS, TECHNICAL REQUIREMENTS, EVALUATION METHOD/ CRITERIA, AWARD PROCESS, METHOD OF PAYMENT, AND CONTRACTED DISTRICTS MAY BE OBTAINED AT www.bidforge.com OR contactusprocurement@sfellc.org OR 806-701-4985. SFE RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND/OR ALL PROPOSALS. PUBLIC NOTICE FINANCIAL ANNOUNCEMENTS ELIMINATE your overwhelming debt We can help if your total debt is $10,000 or more! Avoid bankruptcy today and start over completely debt-free. 800-825-1306 THE CALL IS FREE. CREDIT CARD DEBT MEDICAL DEBT PERSONAL LOANS IMPROVE YOUR CREDIT SCORE Are you getting hit with high interest rates because of a low credit score? 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To advertise in USA TODAY’s Marketplace, call:1-800-397-0070 Nothing that came out of Wednes- day’s conference call between Vice President Mike Pence and the College Football Playoff management commit- tee changes the bottom line for this fall: If colleges and universities aren’t open to students, it will be very diffi- cult for the season to start on time. That was part of the message the group relayed to Pence, according to American Athletic Conference Com- missioner Mike Aresco, who told USA TODAY Sports that the White House- initiated conversation was much ap- preciated by college sports stakehold- ers as they make various contingency plans for the season. “It was a good call,” said Aresco, who was one of the 10 conference com- missioners on the call, along with No- tre Dame athletic director Jack Swar- brick. “He talked about how important college sports were to the country, and we discussed how college sports were different from pro sports. We don’t have czars. We’re a national enterprise, but we’ll have local issues as we go forward. He seemed optimistic about some things and he asked us what we’d need to do if things were to reopen down the road.” Still, it appears a consensus has formed among athletic officials that the first step toward restarting college foot- ball will be universities opening their doors. The optics of having football players on campus when it is deemed unsafe for other students to be there would not just be bad, it would poten- tially undercut the argument that col- lege sports are tethered to education. “If things are all virtual and if you can’t have kids on campus, can you jus- tify the risks of having athletes on cam- pus?” Aresco said. “We’re an extension of the educational system. You can ar- gue if things are virtual and you can quarantine or isolate teams, is that fea- sible? I have no idea and I’m not going to venture an opinion on that at this point, but I’m not sure if it’s feasible.” CFP officials tell Penceopen campuses are key Dan Wolken USA TODAY Usually, Chris Paul knows how to find the answer to any question he has. That is what happens when you are the president of the National Basket- ball Players Association. That is what happens when you’re an NBA All-Star. This time Paul does not have any answers. How could he when no one else has them regarding when the novel coronavirus outbreak will stop and when the NBA can re- sume play? “It’s really just a wait-and-see game and hoping that the coronavirus gets con- tained,” Paul told USA TODAY Sports this week. “What we try to do from the union perspective is try to keep guys informed as much as possible and try to prepare for what we can control.” The Thunder guard said the NBPA is having ongoing conversations with the league on how it could salvage the sea- son. But he stressed the NBPA cares about only one variable: “If there is any way possible that we can play games for our fans without putting anyone’s health at risk, that is what everybody’s option is. But everybody understands health comes first before any of that.” Once the season was put on hold March 11, Paul could not wait to return to his home in Encino, California, to be with his wife (Jada), 10-year-old son (Chris) and 7-year-old daughter (Cam- ryn). He had spent most of his first sea- son in Oklahoma City away from his family. “This is the most we’ve all been able to be together,” Paul said. “That’s the case for a lot of families at home. It’s one of those things where you learn new things and learn not to take some things for granted.” Paul has maximized his family time. So much so that he did not seem to con- sider it difficult to put his frustration over his successful season (10th NBA All-Star Game appearance)into per- spective: “I’m a hell of a competitor. But I think, first and foremost, I’m a human being.” Confined with shelter-in-place rules, Paul has included his family in his work- outs. With his kids taking classes through Zoom sessions, Paul has tried to help them with their homework as- signments. He admittedly does not of- ten know the answers. “For most athletes, we always strive to be the best and try to be perfect. I’ve been able to realize how I’m not perfect. I’m not. That’s OK. You can get better at it. So I’m just trying to be better in differ- ent aspects.” Paul enjoying family timein ‘wait-and-see’ mode Mark Medina USA TODAY Paul With abundant energy and enthusi- asm, Greg Norman, the Great White Shark, devoured an hour’s worth of phone calls from fans this week on the appropriately named Attack Life Radio Live on Sirius XM Radio. From Tiger Woods to the COVID-19 global pandemic to fitness tips,Norman fielded questions from all across the U.S. on Tuesday. “Game on,” the two-time major champion and world No. 1 for 331 weeks said at the beginning. “Bring it on.” On came the questions. Among the many was one that dealt with Tiger Woods. Specifically, the first time he met and played with Woods. “Played with Tiger down here at Old Marsh Golf Club (in Palm Beach Gar- dens, Florida) when I think he was 15 years old. Got a call from some people, because I was No. 1 player at the time in the world, and they wanted me to play with him and for me to give my opinion on Tiger,” said Norman, now 65. “So I played nine holes with him and I like, wow. This kid is going to go a long way. “He was a sponge for information. He wanted to beat you, no matter if he was 15 years old. He just wanted to prove a point that no matter who you are or whether you’re No. 1, I’m going to come after you. Which was very, very positive to see.” Who won, the follow-up came. “You know, I can’t remember,” Nor- man said. “I really can’t remember.” Here are some of Norman’s other takes on a variety of subjects: How he’s dealing with the global pandemic:“I’m dealing with it OK. The whole world is in this fight together. I’ve had businesses shut down. I feel for my people who have worked for me for years and years and years to experience this. But I’ve come out of this with a sense of calm in a lot of ways because this is a bit of a wake-up call for the whole universe to say, ‘Hey, it’s going to happen again.’ How you come out of this one is going to determine how you are going to be prepared for the next one. I don’t like anybody kicking the can down the road. From the doctors and the nurses and health care work- ers and first responders to the military, to every country around the world, each and everyone of these people are putting their lives on the line for us. I’m a big admirer. I’m just trying to manage the process myself, both mentally and physically, and go through it day by day and not try and get ahead of my- self. I know we’ll come out of it. Hu- manity is much stronger and very in- telligent and very resilient in a lot of ways, so we will come out of it.” Why he didn’t play much senior tour golf:“I just got sick and tired of staying in hotel rooms from a Tuesday through a Sunday and just traveling, quite honestly. When I cut playing golf out of my schedule, I actually had 50% more time for myself, which was a big deal. On top of that, my business was really kicking off, my brand was kick- ing off, and I wanted to focus on build- ing that out. ... I still enjoyed playing, but the passion to really perform at the highest level wasn’t there. I quietly rode off into the sunset without any fanfare.” Fitness recommendations for someone coming out of the winter season:“Very easy. Stretching. Start getting your hamstrings stretched out, your lower back stretched out and your quads stretched out. All those things. And I would start working on squeez- ing a tennis ball, getting your finger strength back up. Because people for- get about that when you’re hanging onto a golf club and you’re swinging, and I don’t care if your swinging it 80 mph or 120 mph, the finger strength is going to want to do it.” Fred Couples, Tiger Woods and Greg Norman played in the Masters Tourna- ment in 1996 at Augusta National. FILE PHOTO BY STEPHEN MUNDAY/ ALLSPORT Norman sinks teethinto fans’ questions Steve DiMeglio Golfweek | USA TODAY Network Bids Homepage (/Module/Tenders/en/Home/BidsHomepage) Find more bids (https://proportal.sourcewell-mn.gov/) Create Account (/Module/Tenders/en/Vendor/Create /42b90b89-9f67-483a-96e3-9b0490d01d40) Login (/Module/Tenders/en/Login/Index /42b90b89-9f67-483a-96e3-9b0490d01d40) Click (https://www.bidsandtenders.ca)here (https://proportal.sourcewell-mn.gov/) to return to the Sourcewell Procurement Portal home page. Bid Details Bid Classification: Goods Bid Type: RFP - General Bid Number: RFP 060920 Bid Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Bid Status: Open Bid Closing Date: Tue Jun 9, 2020 4:30:00 PM (CDT) Question Deadline: Tue Jun 2, 2020 4:30:00 PM (CDT) Time-frame for delivery or the duration of the contract: Four years, with possible 1 year extension Negotiation Type: Refer to bid document Condition for Participation: Refer to bid document Electronic Auctions: Not Applicable Language for Bid Submissions: English unless specified in the bid document Submission Type: Online Submissions Only Submission Address: Online Submissions Only Public Opening: No https://proportal.sourcewell-mn.gov/Module/Tenders/en/Tender/Detail/9... 1 of 3 5/12/2020, 8:52 AM Documents Description: Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Sourcewell members include thousands of governmental, higher education, K-12 education, not-for- profit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov (https://proportal.sourcewell- mn.gov/)]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Bid Document Access: Bid Opportunity notices and awards and a free preview of the bid documents is available on this site free of charge without registration. There is no cost to obtain an unsecured version of the document and /or to participate in this solicitation. Categories: Show Categories [+] The following are the meeting times and locations for the opportunity: Meeting Location Description Pre-Proposal Web Conference Login instructions will be provided to registered p takers by email two business days prior to the w conference. https://proportal.sourcewell-mn.gov/Module/Tenders/en/Tender/Detail/9... 2 of 3 5/12/2020, 8:52 AM Addenda File Name RFP_060920_Class_4-8_Chassis Wednesday April 15, 2020 06:07 PM RFP_060920_Class_4-8_Chassis_Contract_Template Wednesday April 15, 2020 04:32 PM File Name Addendum_1_Class_4-8_Chassis_RFP060920 Friday April 17, 2020 12:32 PM Addendum_2_Class_4-8_Chassis_RFP060920 Wednesday April 22, 2020 01:14 PM Addendum_3_Class_4-8_Chassis_RFP060920 Wednesday April 29, 2020 03:45 PM Addendum_4_Class_4-8_Chassis_RFP060920 Monday May 4, 2020 01:24 PM https://proportal.sourcewell-mn.gov/Module/Tenders/en/Tender/Detail/9... 3 of 3 5/12/2020, 8:52 AM Chat Help Logout [Switch to Vendor View] Home New Bid Closed Bids My Stuff Tools Bid RFP #060920 - Class 4-8 Chassis with Related Equipment, Accessories, and Services Bid Type RFP Bid Number 060920 Title Class 4-8 Chassis with Related Equipment, Accessories, and Services Start Date Apr 16, 2020 8:41:57 AM CDT End Date Jun 9, 2020 4:30:00 PM CDT Agency Sourcewell Bid Contact Chris Robinson (218) 895-4168 rfp@sourcewell-mn.gov 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Access Reports View reports on who has been notified of the bid or accessed it. [Notification report] [Access report] Questions 0 Questions 0 Unanswered [View/Ask Questions] Edit Bid [Create Addendum] Description Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Pre-Bid Conference Date May 19, 2020 10:00:00 AM CDT Location Online Webinar Notes Pre-Proposal login information will be emailed two days prior. Documents No Documents for this bid Customer Support: agencysupport@publicpurchase.com | Copyright 1999-2020 © | The Public Group, LLC. All rights reserved. Public Purchase: Bid RFP #060920 - Class 4-8 Chassis with Related Eq... https://www.publicpurchase.com/gems/bid/bidView?bidId=127308 1 of 1 4/16/2020, 8:42 AM Biddingo - Leading e-procurement portal for public and private sector bids https://r2cow.biddingo.com/bidding/443445 1 of 2 4/16/2020, 8:52 AM Sourcewell, a State of Minnesota local government agency and service cooperaƟve, is requesƟng proposals for Class 4‐8 Chassis with Related Equipment, Accessories, and Services to result in a contracƟng soluƟon for use by its ParƟcipaƟng EnƟƟes. Sourcewell ParƟcipaƟng EnƟƟes include thousands of governmental, higher educaƟon, K‐12 educaƟon, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [hƩps://proportal.sourcewell‐mn.gov ]. Only proposals submiƩed through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and l Biddingo - Leading e-procurement portal for public and private sector bids https://r2cow.biddingo.com/bidding/443445 2 of 2 4/16/2020, 8:52 AM The New York State Contract Reporter This document printed Wednesday, 04/15/2020 NYS' official source of contracting opportunities Bringing business and government together Contracting Opportunity * * * This ad has not been published. It has been reviewed and pending publication. * * * Title:Class 4-8 Chassis with Related Equipment, Accessories, and Services Agency:Sourcewell Division:Procurement Department Contract Number:060920 Contract Term:4 years, with potential 1 year extension Date of Issue:04/16/2020 Due Date/Time:06/09/2020 4:30 PM Central Time County(ies):All NYS counties Classification:Vehicles & Equipment - Commodities Opportunity Type:General Entered By:Chris Robinson Description:Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal .sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Service-Disabled Veteran-Owned Set Aside: No 1 of 2 Contact Information Primary contact:Sourcewell Procurement Department Greg Grunig Procurement Lead Analyst 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4189 greg.grunig@sourcewell-mn.gov Submit to contact:Sourcewell Procurement Department Greg Grunig Procurement Lead Analyst 202 12th Street NE P.O. Box 219 Staples, MN 56479 United States Ph: 218-895-4189 greg.grunig@sourcewell-mn.gov © 2020, Empire State Development http://www.esd.ny.gov/ 2 of 2 Notice Basic Information Details Dates Contact Information Pre-Bidding Events Bid Submission Process Estimated Contract Value (CAD)$600,000,000.00 (Not shown to suppliers) Reference Number 0000174298 Issuing Organization Sourcewell Owner Organization Solicitation Type RFP - Request for Proposal (Formal) Solicitation Number 060920 Title Class 4-8 Chassis with Related Equipment, Accessories, and Services Source ID PP.CO.USA.868485.C88455 Location All of Canada, All of Canada Purchase Type Term: 2020/08/03 01:00:00 AM EDT - 2024/08/02 01:00:00 AM EDT Description Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Publication 2020/04/16 09:29:06 AM EDT Question Acceptance Deadline 2020/06/02 05:30:00 PM EDT Questions are submitted online No Bid Intent Not Available Closing Date 2020/06/09 05:30:00 PM EDT Prebid Conference 2020/05/19 11:00:00 AM EDT Procurement Department 218-894-1930 rfp@sourcewell-mn.gov Event Type Prebid Conference Attendance Recommended Event date 2020/05/19 11:00:00 AM EDT Location Online webinar Event Note Pre-Proposal login instructions will be emailed two days prior. Bid Submission Type Electronic Bid Submission Pricing In attached document Pricing In attached document Bid Documents List Item Name Description Mandatory Bid Documents Documents defining the proposal Yes 060920 - Class 4-8 Chassis with Related Equipment, Acces... 2020/04/16 09:29:26 AM EDT Page 1 of 4 Documents Documents Document Size Uploaded Date Language How to obtain RFP document [docx]140 Kb 2020/04/16 09:27:14 AM EDT English 060920 - Class 4-8 Chassis with Related Equipment, Acces... 2020/04/16 09:29:26 AM EDT Page 2 of 4 Categories Selected Categories GSIN Category (1) G Goods Goods N23 Ground Effect Vehicles, Motor Vehicles, Trailers, And Cycles Ground Effect Vehicles, Motor Vehicles, Trailers, And Cycles N2320 TRUCKS AND TRUCK TRACTORS, WHEELED Trucks and Truck Tractors, Wheeled NOTE: This class includes only complete wheel mounted trucks and truck tractors, and chassis therefor. The combined chassis and body of a special purpose truck, such as a machine shop, mobile laundry, or dental laboratory, is classified in this class. Includes Panel, Delivery and Pick up Trucks, Tactical and Administrative Military Cargo Carrying Vehicles, including Wheel Mounted Amphibian Vehicles; Truck Tractor and Trailer Combinations; Armored Cars. MERX Category (1) G Goods Goods G22 Miscellaneous Goods Miscellaneous Goods UNSPSC Category (1) 25000000 Commercial and Military and Private Vehicles and their Accessories and Components 25180000 Vehicle bodies and trailers 25181600 Automotive chassis 060920 - Class 4-8 Chassis with Related Equipment, Acces... 2020/04/16 09:29:26 AM EDT Page 3 of 4 Opportunity Notice Class 4 -8 Chassis with Related Equipment, Accessories and Services Opportunity Information Organization:Alberta Rural Municipalities of Alber Organization Address: Reference Number:AB-2020-02555 Solicitation Number: AB-2020-02555 Solicitation Type:Request for Proposal Posting (MM/dd/yyyy):04/16/2020 05:30:00 PM Alberta Time Closing (MM/dd/yyyy):06/09/2020 03:30:59 PM Alberta Time Last Update (MM/dd/yyyy):04/16/2020 05:23:21 PM Alberta Time Agreement Type:NWPTA/TILMA & CFTA & CETA Region of Opportunity:Open Region of Delivery:Alberta Opportunity Type:Open & Competitive Commodity Codes: N2320DGA: Truck, Maintenance, Diesel, to 27,499 GVWR N2320W00: Medium Truck Cab-Over-Engine N2320DMB: Truck, Tractor, Diesel, 27,500 GVWR and Up N2320DAB: Trucks (Dump, Stake, Van) Diesel-Powered, 27,500 lbs. GVWR and Up N4210PF: Truck, Fire, Crash, Rapid Intervention Vehicle, Medium Size (RIV)(B) N2320DQA: Truck, Wrecker, Diesel, to 27,499 GVWR N2320DMA: Truck, Tractor, Diesel, to 27,499 GVWR N2320DRA: Truck, Sander (Hopper Body) Diesel, to 27,499 GVWR N2320D: Truck and Truck Tractor Wheeled, Diesel, Over 10,000 GVWR (Except Military Configuration) N2320DFA: Truck, Liquid Waste Disposal, Diesel, to 27,499 GVWR N2320DHA: Truck, Refrigeration, Diesel, to 27,499 GVWR N2320DAA: Truck, (Dump, Stake, Van) Diesel Powered, to 27,499 lbs. GVWR N2320DLB: Truck, Tanker, Diesel, 27,500 GVWR and Up N2320DDA: Truck, Fuel Service, Diesel, to 27,499 GVWR N2320DLA: Truck, Tanker, Diesel, to 27,499 GVWR N2320DDB: Truck, Fuel Service, Diesel, 27,500 GVWR and Up N2320: Trucks and Truck Tractors, Wheeled N2320DGB: Truck, Maintenance, Diesel, 27,500 GVWR and Up N2320DFB: Truck, Liquid Waste Disposal, Diesel, 27,500 GVWR and Up N2320DJB: Truck, Refuse Collection, diesel, 27,500 GVWR and Up N2320DQB: Truck, Wrecker, Diesel, 27,500 GVWR and Up N2320DRB: Truck, Sander (Hopper Body) Diesel, 27,500 GVWR and Up N2320DHB: Truck, Refrigeration, Diesel, 27,500 GVWR and Up N2320DEA: Truck, Line Maintenance, Diesel, to 27,499 GVWR N2320DJA: Truck, Refuse Collection, Diesel, to 27,499 GVWR N2320GAA: Cab and Chassis, Gasoline Powered - GATT N2320DEB: Truck, Line Maintenance, Diesel, 27,500 GVWR and Up Category: Goods Potential vendors (bidders) may view the bid package here. Interested vendors (bidders) who wish to submit a response to this opportunity should register their interest by downloading the document(s) from the bid package. Opportunity Preview https://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=07b9c26... 1 of 3 5/6/2020, 9:02 AM Response Submission: Only proposals submitted through the Sourcewell Procurement Portal will be considered. https://proportal.sourcewell-mn.gov Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time and late submissions will not be considered. Response Contact: Robinson, Chris Procurement Manager 2510 Sparrow Drive Nisku, Alberta T9E 8N5 Tel: 218-895-4168 Email: rfp@sourcewell-mn.gov Response Specifics: A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, 4:30 pm Central Time, and late proposals will not be considered. Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Only complete proposals that are timely submitted through the Sourcewell Procurement Portal will be considered. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time. All proposals must be received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time noted in the Solicitation Schedule above. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The closing time and date is determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at support@bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. All proposals must be acknowledged digitally by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Opportunity Preview https://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=07b9c26... 2 of 3 5/6/2020, 9:02 AM Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. Opportunity Description: Rural Municipalities of Alberta ("RMA"), is posting the solicitation on behalf of RMA and its current and potential Members and represented Associations and their Members, which includes local Governmental and other not-for-profit organizations located in all provinces and territories in Canada including but not limited to British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador and Northwest Territories. Request for Proposal ("RFP") to result in regional and/or national contract solutions under the rules and regulations of the New West Partnership Trade Agreement ("CETA") for this procurement, RMA/Sourcewell is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a national contracting solution for use by its members. Members include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. APC "Opportunity Notices" This notice is provided for information purposes only. Refer to the "Opportunity Documents" in the bid package for authoritative information. All queries pertaining to the language, content or any missing or inaccurate information within this abstract must be sent to its originator of the abstract, as specified in the opportunity notice. © APC - All rights reserved. No part of the information contained in this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the Manager, Centre of Expertise via: SA.APCRequests@gov.ab.ca. Her Majesty the Queen in right of Alberta and the Alberta public sector entities that use APC are not responsible or liable for the accuracy of the information contained in the publication. It is the responsibility of interested parties to review the opportunity posting for changes or updates prior to the opportunity closing date/time. Opportunity Preview https://vendor.purchasingconnection.ca/Opportunity.aspx?Guid=07b9c26... 3 of 3 5/6/2020, 9:02 AM RFP#06092072Hour,LLC Adomani,Inc. AmthorInternational AutocarTruck,LLC BoyerFordTrucks,Inc. BYDMotors,LLC CertifiedStainlessService,Inc. ChasSWinner,Inc. CraneCarrierCompany DaimlerTrucksNorthAmerica DonBrownBusSales EcoVehicleSystems FederalContractsCorp.PossiblePointsConformancetoTerms/ConditionstoIncludeDocumentation 5044363342414243334140353740Pricing 400358335158355321309345175334295284339206Financial,IndustryandMarketplaceSuccesses 7568545562576263516162575460Bidder'sAbilitytoSell/ServiceContractNationally 10088605188716971528087676174Bidder'sMarketingPlan 5046364142414045244139403840ValueAddedAttributes 7564495264526963286361606166WarrantyCoveragesandInformation 5042413444404141254043394140SelectionandVarietyofProductsandServicesOffered 20018714093150165140169115161156126155109TotalPoints 1,000897 751 517 847 788 772 840 503 821 783 708 786 635RankOrder1.5 19 23 5 14 17 7 24 9 16 20 15 21HinoMotorsSalesUSA IndustrialPower,LLC KenworthTruckCompany LionBuses,Inc. LosAngelesTruckCenters MackTrucks Navistar PeterbiltMotorsCompany PhoenixCars,LLC RedheadEquipment StructuralMetalFabricators VolvoTrucksNorthAmericaPossible PointsConformance to Terms/ Conditions to Include Documentation50394144424244454540313031Pricing400334342358341321335338360313135224320Financial, Industry and Marketplace Successes75565467596267696957475065Bidder's Ability to Sell/ Service Contract Nationally100796592835988949371366486Bidder's Marketing Plan50333843394140434540192843Value Added Attributes75555466666067687161404665Warranty Coverages and Information50433942454244444341273443Selection and Variety of Products and Services Offered20016516717015116916117417112991110139Total Points1,000 804 800 882 826 796 846 875 897 752 426 586 792Rank Order10113812641.518252213________________________________________ _____________________________________GregGrunig,ProcurementLeadAnalyst CarolJackson,ProcurementAnalyst__________________________________________________ _________________________________BrandonTown,CPSM,CPSD,ProcurementAnalyst CraigWest,ProcurementAnalystProposalEvaluationClass4Ͳ8ChassiswithRelatedEquipment,Accessories,andServices 060920-PMC Rev. 2/2020 1 Solicitation Number: RFP #060920 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Peterbilt Motors Company, 1700 Woodbrook Street, Denton, TX 76205 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in 060920-PMC Rev. 2/2020 2 Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. 060920-PMC Rev. 2/2020 3 Vendor’s Dealer will perform a Pre-Delivery Inspection (PDI) which is included in the price of the vehicle. Any issues with the Equipment or Products will be addressed at PDI and corrected through the Vendor warranty process. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. 060920-PMC Rev. 2/2020 4 A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor’s Dealer, referencing Vendor’s contract number. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 060920-PMC Rev. 2/2020 5 Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor’s Dealer will provide a performance bond that meets the requirements set forth in the Participating Entity’s order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: 060920-PMC Rev. 2/2020 6 x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the administrative fee amount stated in the Proposal multiplied by the total number of trucks purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell- assigned contract number in the memo and must be mailed to the address above “Attn: 060920-PMC Rev. 2/2020 7 Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY 060920-PMC Rev. 2/2020 8 Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. 060920-PMC Rev. 2/2020 9 b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 060920-PMC Rev. 2/2020 10 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. 060920-PMC Rev. 2/2020 11 Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 060920-PMC Rev. 2/2020 12 no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor. 060920-PMC Rev. 2/2020 13 Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during 060920-PMC Rev. 2/2020 14 this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The 060920-PMC Rev. 2/2020 15 decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations 060920-PMC Rev. 2/2020 16 issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. 060920-PMC Rev. 2/2020 17 K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Peterbilt Motors Company By: __________________________ By: __________________________ Jeremy Schwartz Joe Curran Title: Director of Operations & Procurement/CPO Title: National Fleet Sales Manager Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette 060920-PMC Rev. 2/2020 18 Title: Executive Director/CEO Date: ________________________ 5)3 &ODVV&KDVVLVZLWK5HODWHG(TXLSPHQW $FFHVVRULHVDQG6HUYLFHV 9HQGRU'HWDLOV &RPSDQ\1DPH 3HWHUELOW0RWRUV&RPSDQ\ $GGUHVV :RRGEURRN6W 'HQWRQ7H[DV &RQWDFW -RH&XUUDQ (PDLO MRHFXUUDQ#SDFFDUFRP 3KRQH )D[ +67 6XEPLVVLRQ'HWDLOV &UHDWHG2Q 0RQGD\0D\ 6XEPLWWHG2Q 7XHVGD\-XQH 6XEPLWWHG%\ -RH&XUUDQ (PDLO MRHFXUUDQ#SDFFDUFRP 7UDQVDFWLRQ HEIGHE ED 6XEPLWWHU V,3$GGUHVV Bid Number: RFP 060920 Vendor Name: Peterbilt Motors Company 6SHFLILFDWLRQV 7DEOH 3URSRVHU,GHQWLW\ $XWKRUL]HG5HSUHVHQWDWLYHV *HQHUDO,QVWUXFWLRQV DSSOLHVWRDOO7DEOHV 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IRUௐ$1<ௐWUXFNௐPDNHௐRUௐPRGHOௐQRWௐMXVWௐ3HWHUELOW Bid Number: RFP 060920 Vendor Name: Peterbilt Motors Company Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided. 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability - paccar-2019-Annual Report.pdf - Wednesday May 06, 2020 07:48:59 Marketing Plan/Samples - Marketing Plan.pdf - Friday May 29, 2020 11:40:01 WMBE/MBE/SBE or Related Certificates - Montana Peterbilt LLC - MBE.pdf - Monday June 08, 2020 14:38:16 Warranty Information - Warranty Schedule.pdf - Tuesday June 09, 2020 07:50:55 Pricing - SOURCEWELL CUSTOMER PRICING CY2021-2024 RFP Proposal - Peterbilt Motors Company.pdf - Tuesday June 09, 2020 09:17:49 Additional Document - Peterbilt Dealer Directory.pdf - Friday May 22, 2020 12:40:07 Bid Number: RFP 060920 Vendor Name: Peterbilt Motors Company 3URSRVHU V$IILGDYLW 352326(5$)),'$9,7$1'$6685$1&(2)&203/,$1&( ,FHUWLI\WKDW,DPWKHDXWKRUL]HGUHSUHVHQWDWLYHRIWKH3URSRVHUVXEPLWWLQJWKHIRUHJRLQJ3URSRVDOZLWKWKHOHJDODXWKRULW\WRELQGWKH 3URSRVHUWRWKLV$IILGDYLWDQG$VVXUDQFHRI&RPSOLDQFH 7KH3URSRVHULVVXEPLWWLQJWKLV3URSRVDOXQGHULWVIXOODQGFRPSOHWHOHJDOQDPHDQGWKH3URSRVHUOHJDOO\H[LVWVLQJRRGVWDQGLQJLQ WKHMXULVGLFWLRQRILWVUHVLGHQFH 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id Number: RFP 060920 Vendor Name: Peterbilt Motors Company Appendix: Sourcewell Sourcewell is part of the Minnesota Service Cooperatives created by the Minnesota Legislature as a local unit of government (Minn. Const. Art. XII, Sec. 3). Sourcewell exists to help government, education, and nonprofits work more efficiently by providing a wide range of cooperative contracts while complying with competitive bid process requirements. Their contracts are designed to help fulfill purchasing needs while making the buying process more efficient. All vendor agreements are the result of formal bids or negotiated contracts for equipment, products, and services. State Statutes showing Sourcewell is in compliance with competitive bidding requirements: Minnesota Statute 471.345 Subdivision 15 “A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association’s purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotation.” SDCL 5-18A-22.3 states “any purchase of supplies or services, other than professional services, by purchasing agencies form any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months.” Sourcewell: https://www.sourcewell-mn.gov/ Sourcewell Compliance & Legal Authority: https://www.sourcewell-mn.gov/compliance- legal?domain=njpacoop.lightning.force.com City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-040,Version:1 Introduction and First Reading on Ordinance 21-040, an Ordinance to Change the Zoning within the City of Brookings, rezoning Block 20 in Prairie Hills Addition from B-2/R-3 to Residence R-3 Apartment District. Public Hearing: December 14, 2021. Summary: Prairie Hills LLC has submitted a request to rezone Block 20 in Prairie Hills Addition from Business B- 2 District/Residence R-3 Apartment District to Residence R-3 Apartment District. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 5- 0 recommending approval. Attachments: Memo Ordinance Planning Commission Notice Planning Commission Minutes Application Area Map Zoning Map Future Land Use Map City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 23, 2021 Subject: Request to rezone Block 20 in Prairie Hills Addition from B- 2/R-3 to Residence R-3 Apartment District. Presenter: Mike Struck, Community Development Director Summary: Prairie Hills LLC has submitted a request to rezone Block 20 in Prairie Hills Addition from Business B-2 District/Residence R-3 Apartment District to Residence R-3 Apartment District. Background: The property is part of larger B-2 and R-3 Zoning Districts in the Prairie Hills Addition development. The broader B-2 District has been planned for future commercial development to serve the Prairie Hills Addition development as well as other residential growth in southern Brookings. The existing R-3 District is currently being developed as The Landing at Prairie Hills. Item Details: Block 20 is a proposed 4-acre lot situated among Tallgrass Parkway, Goldenrod Trail and Chokeberry Lane. The lot will be adjacent to B-2 zoning to the west, B-2A to the north and R-3 to the east and south. The future Land Use Map classifies this area as Medium Density Residential (MDR) which supports residential uses up to 12-units per acre. Higher density on Block 20 would be supported due to the average development density of Prairie Hills Addition, which includes lower density development to the south and east. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the rezoning would provide an opportunity for multi-family housing. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table The Development Review Team and staff recommend approval. The Planning Commission voted 5-0 recommending approval of the rezone. Supporting Documentation: Ordinance Planning Commission Notice Planning Commission Minutes Application Area Map Zoning Map Future Land Use Map Ordinance 21-040 An Ordinance to Change the Zoning Within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Block 20 of Prairie Hills Addition to the City of Brookings, Brookings County, South Dakota from Business B-2 District to Residence R-3 Apartment District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: November 23, 2021 Second Reading and Adoption: December 14, 2021 Published: December 17, 2021 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Prairie Hills LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Block 20 in Prairie Hills Addition, An Addition to the City of Brookings, Brookings County, South Dakota The request is to rezone the above from Business B-2 district to Residence R-3 apartment district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 2, 2021, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 22nd day of October, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota November 2, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday, November 2, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Lee Ann Pierce, Roger Solum, and Jorgenson. Absent were Tanner Aiken, Justin Borns, and Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Jacob Mills, and Kyle Rausch. Item #5c - Prairie Hills LLC has submitted a petition to rezone Block 20 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District (Drew/Pierce) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5c – This rezone will clean up split zoning on this parcel. This Block will now be Residence R- 3 apartment district. The meeting adjourned at 6:23 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson Area Map 297 ft Zo ning Ma p 297 ft Urban Medium Open Wetland Parks Parks Parks Open Wetland Open Wetland Urban Medium Urban Medium Urban Low Urban Low Urban Low Res LD Res MD Res MD Res HD Res HD Res HD Future Land Use Map Brookings County, Esri Canada, Esri, HERE, Garmin, INCREMENT P, October 24, 2021 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-041,Version:1 Introduction and First Reading on Ordinance 21-041, an Ordinance to Change the Zoning within the City of Brookings, rezoning Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Public Hearing: December 14, 2021. Summary: Prairie Hills LLC has submitted a request to rezone Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 5- 0 recommending approval. Attachments: Memo Ordinance Planning Commission Notice Planning Commission Minutes Application Area Map Zoning Map Future Land Use Map City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 23, 2021 Subject: Request to rezone Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Presenter: Mike Struck, Community Development Director Summary: Prairie Hills LLC has submitted a request to rezone Lot 2, Block 19 in Prairie Hills Addition from Business B-2 District to Residence R-3 Apartment District. Background: The property is part of a larger B-2 zoning district near the intersection of Main Avenue South and 20th Street South. The broader B-2 District has been planned for future commercial development to serve the Prairie Hills Addition development as well as other residential growth in southern Brookings. A majority of the larger B-2 District will retain its current zoning. Item Details: Lot 2, Block 19 is a proposed 4.3-acre lot situated along a future portion of Sweetgrass Drive. The lot will be adjacent to B-2 zoning to the west, north and east. Existing R-3 zoning will be located to the south across a wetland tract. The Future Land Use Map classifies this area as Medium Density Residential (MDR) which supports residential uses up to 12-units per acre. Higher density on Lot 2, Block 19 would be supported due to the average development density of Prairie Hills Addition which includes lower density development to the south and east. Legal Consideration: None. Strategic Plan Consideration: Economic Growth – the rezoning would provide an opportunity for multi-family housing. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table The Development Review Team and staff recommend approval. The Planning Commission voted 5-0 recommending approval of the rezone. Supporting Documentation: Memo Ordinance Planning Commission Notice Planning Commission Minutes Application Area Map Zoning Map Future Land Use Map Ordinance 21-041 An Ordinance to Change the Zoning Within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lot 2 in Block 19 of Prairie Hills Addition to the City of Brookings, Brookings County, South Dakota from Business B-2 District to Residence R-3 Apartment District. In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: November 23, 2021 Second Reading and Adoption: December 14, 2021 Published: December 17, 2021 CITY OF BROOKINGS, SD ________________________ Oepke G. Niemeyer, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN that Prairie Hills LLC has submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: Lot 2 in Block 19 in Prairie Hills Addition, An Addition to the City of Brookings, Brookings County, South Dakota The request is to rezone the above from Business B-2 district to Residence R-3 apartment district. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 2, 2021, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 22nd day of October, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota November 2, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday, November 2, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Lee Ann Pierce, Roger Solum, and Jorgenson. Absent were Tanner Aiken, Justin Borns, and Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Jacob Mills, and Kyle Rausch. Item #5b - Prairie Hills LLC has submitted a petition to rezone Lot 2, Block 19 in Prairie Hills Addition from B-2 District to Residence R-3 Apartment District. (Fargen/Solum) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #5b – This request is to rezone to a Residence R-3 Apartment District from a B-2 Zoning district near Main Ave S and 20th Street South. The lot will be adjacent to B-2 zoning to the west, north and east. The meeting adjourned at 6:23 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson Area Map 297 ft Zo ning Ma p 297 ft Urban Medium Open Wetland Parks Parks Parks Open Wetland Open Wetland Urban Medium Urban Medium Urban Low Urban Low Urban Low Res LD Res MD Res MD Res HD Res HD Res HD Future Land Use Map Brookings County, Esri Canada, Esri, HERE, Garmin, INCREMENT P, October 24, 2021 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-102,Version:1 Public Hearing and Action on Resolution 21-102, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (Water Treatment Facility and Piping Project) Summary: Brookings Municipal Utilities (BMU) is pursing State Revolving Funding (SRF) for three projects and hopes to capitalize on Federal American Rescue Plan Act (ARPA) and/or infrastructure grant funding. While still uncertain, funding guidance indicates an SRF application by December 31, 2021 will likely provide the highest probability of capitalizing on American Rescue Plan Act (ARPA) grant funding. Public hearings are required to support the pending SRF applications. As such, Public Hearings are scheduled with both the BMU Utility Board (November 22nd) and the Brooking City Council (November 23rd) for three projects detailed below. Resolutions authorizing the SRF applications are required for each of the three applications. Note that SRF funding is categorized into either water or wastewater projects. So while the first two projects (the Water Treatment Facility & Piping Upgrade and the 34th Avenue Sewer Replacement) are inter-related and will be managed as a common construction project, they are submitted as two separate SRF applications. Joe Honner, HDR, Inc., will present at the Public Hearing for these two projects. First District Association of Local Governments (First District) will discuss the project financial impact and will ultimately support the SRF applications to the State. BMU will present at the Public Hearing for the third project (Lead Water Service Line Replacement Project). First District will discuss the project financial impact and will ultimately support the SRF application to the State. Recommendation: Staff recommends approval. Attachments: Memo Resolution Legal Notice Map City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ Updated: March 2021 City Council Agenda Memo From: Eric Witt, BMU Water/Wastewater & Engineering Manager Council Meeting: November 23, 2021 Subject: Resolution: BMU Water Treatment Facility and Piping Project Presenter: Eric Witt, BMU Water/Wastewater & Engineering Manager Summary: Brookings Municipal Utilities (BMU) is pursing State Revolving Funding (SRF) for three projects and hopes to capitalize on Federal American Rescue Plan Act (ARPA) and/or infrastructure grant funding. While still uncertain, funding guidance indicates an SRF application by December 31, 2021 will likely provide the highest probability of capitalizing on American Rescue Plan Act (ARPA) grant funding. Public hearings are required to support the pending SRF applications. As such, Public Hearings are scheduled with both the BMU Utility Board (November 22nd) and the Brooking City Council (November 23rd) for three projects detailed below. Resolutions authorizing the SRF applications are required for each of the three applications. Note that SRF funding is categorized into either water or wastewater projects. So while the first two projects (the Water Treatment Facility & Piping Upgrade and the 34 th Avenue Sewer Replacement) are inter-related and will be managed as a common construction project, they are submitted as two separate SRF applications. Joe Honner, HDR, Inc., will present at the Public Hearing for these two projects. First District Association of Local Governments (First District) will discuss the project financial impact and will ultimately support the SRF applications to the State. Background: As presented at an April 20, 2021 City Council presentation, BMU is proceeding with the SRF funding application for a water system upgrade, including a new water treatment facility along 34th Avenue and associated raw and treated water piping to and from the facility. In addition, a water line to the 20th Street South water tower has been moved from a future Phase 2 forward into the current Phase 1 of the water system upgrade. Item Details: The project includes the following: A new 6 million gallon per day (MGD) Water Treatment Facility (34 th Ave) 28,500 feet of 16-inch raw water main (34th Ave & cross-country) 19,890 feet of 16-inch finished water main (34th Ave & Hwy 14) 17,400 feet of 20-inch finished water main (34th Ave & 20th St S) Updated: March 2021 An overall project schematic is provided. HDR will provide p roject detail during the public hearing. Legal Consideration: First District has provided the Resolution. Strategic Plan Consideration: These 3 projects fall under the following strategic plan areas: fiscal responsibility, safe - inclusive-connected community, service and innovation excellence, and sustainability. Financial Consideration: The preliminary Opinion of Probable Construction Cost (OPCC) at $74,000,000 reflects the current construction market conditions. First District will present financial and rate impact information at the public hearing. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Legal Notice Map Resolution 21-102 Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. Whereas, the City of Brookings/BMU (the “City”) has determined it is necessary to proceed with improvements to its W ater System, including but not limited to constructing a Water Treatment Facility, renovating the East Water Plant, installing water mains, and constructing 6 new wells (the “Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore, Be It Resolved by the City as follows: 1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $74,000,000 to the South Dakota Board of Water and Natural Resources for the Project. 2. The Mayor is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Brookings Municipal Utilities General Manager/Executive Vice President is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adopted at Brookings, South Dakota, this 23rd day of November 2021. CITY OF BROOKINGS, SD Opeke G. Niemeyer, Mayor ATTEST: 2 Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING FOR THE CITY OF BROOKINGS BROOKINGS MUNICIPAL UTILITIES IMPROVEMENTS PROJECTS Brookings Municipal Utilities (BMU) is proposing to construct improvements to its water system (water treatment facility and piping). The City of Brookings is seeking up to $74,000,000 on behalf of the BMU for the water system improvements from the Board of Water and Natural Resources. The funds could be either grants from the State Consolidated Water Facilities Construction Program or a loan from the Drinking Water State Revolving Fund (DWSRF) programs. The expected DWSRF Loan terms are 2.125 percent for 30 years. The Board of Water and Natural Resources may forgive all or a portion of the loan principal. The amount and source of funds will be determined by the Board of Water and Natural Resources when the applications are presented at a scheduled board meeting. The purpose of the public hearing is to discuss the proposed projects, the proposed financing, the source of repayment for the loans and to receive comments regarding the application from members of the community. The meeting is open to the public and interested persons are encouraged to attend. Notice is further given to persons with disabilities that this hearing is being held at a physically accessible place. Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. The public hearing will be held at the Brookings City & County Government Center, 520 3rd Street, Third Floor Chamber’s Room on Tuesday, November 23, 2021, at 6:00 P.M. Published once at a total approximate cost of $_____. PTW 10,200 ft, 16-inch Raw Water Line 18,300 ft, 16-inch Raw Water Line 8,990 ft, 16-inch Finished Water Line 10,900 ft, 16-inch Finished Water Line 17,400 ft, 20-inch Finished Water Line 12" PVC - 2,156 ft 8" PVC - 40 ft Sanitary Sewer 24" PVC - 5,015 ft 8" PVC - 45 ft 6" PVC - 150 ft 4" PVC - 20 ft Sanitary Sewer 12" PVC - 1,200 ft 8" PVC - 80 ft Sanitary Sewer CR CR 21CR 9CR 16 CR 8TH ST 22ND AVE22ND AVEMEDARY AVEMAIN AVEWESTERN AVE8TH ST S MAIN AVE S 2ND ST S ORCH A R D D R17TH AVECRYSTALRI D G ERD 5TH AVEMEDARY AVE470 AVE212 ST 214 ST 211 ST470 AVE469 AVE475 AVE474AVE213 ST 20TH ST S 8TH ST SW 471 AVE213 ST 214 ST 473 AVE14 14 14 14 14 29 29 29 [0 2,500 Feet \\SXF-SRV01\ENG\GIS\PROJECTS\BMU\BMU_WTP\MAP_DOCS\BMU_WTP.APRX DATE: 11/15/2021 BROOKINGS MUNICIPAL UTILITIES PROPOSED RAW WATER, FINISHED WATER, AND SANITARY PIPE IMPROVEMENTS Finished Water Line Raw Water Line Sanitary Sewer Storage Tank Treatment Plant PTW Proposed WTP -- City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-103,Version:1 Public Hearing and Action on Resolution 21-103, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (34th Avenue Sewer Replacement Project) Summary: Brookings Municipal Utilities (BMU) is pursing State Revolving Funding (SRF) for three projects and hopes to capitalize on Federal American Rescue Plan Act (ARPA) and/or infrastructure grant funding. While still uncertain, funding guidance indicates an SRF application by December 31, 2021 will likely provide the highest probability of capitalizing on American Rescue Plan Act (ARPA) grant funding. Public hearings are required to support the pending SRF applications. As such, Public Hearings are scheduled with both the BMU Utility Board (November 22nd) and the Brooking City Council (November 23rd) for three projects detailed below. Resolutions authorizing the SRF applications are required for each of the three applications. Note that SRF funding is categorized into either water or wastewater projects. So while the first two projects (the Water Treatment Facility & Piping Upgrade and the 34th Avenue Sewer Replacement) are inter-related and will be managed as a common construction project, they are submitted as two separate SRF applications. Joe Honner, HDR, Inc., will present at the Public Hearing for these two projects. First District Association of Local Governments (First District) will discuss the project financial impact and will ultimately support the SRF applications to the State. BMU will present at the Public Hearing for the third project (Lead Water Service Line Replacement Project). First District will discuss the project financial impact and will ultimately support the SRF application to the State. Recommendation: Staff recommends approval. Attachments: Memo Resolution Legal Notice Map City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ Updated: March 2021 City Council Agenda Memo From: Eric Witt, BMU Water/Wastewater & Engineering Manager Council Meeting: November 23, 2021 Subject: Resolution: BMU 34th Avenue Sewer Replacement Project Presenter: Eric Witt, BMU Water/Wastewater & Engineering Manager Summary: Brookings Municipal Utilities (BMU) is pursing State Revolving Funding (SRF) for three projects and hopes to capitalize on Federal American Rescue Plan Act (ARPA) and/or infrastructure grant funding. While still uncertain, funding guidance indicates an SRF application by December 31, 2021 will likely provide the highest probability of capitalizing on American Rescue Plan Act (ARPA) grant funding. Public hearings are required to support the pending SRF applications. As such, Public He arings are scheduled with both the BMU Utility Board (November 22nd) and the Brooking City Council (November 23rd) for three projects detailed below. Resolutions authorizing the SRF applications are required for each of the three applications. Note that SRF funding is categorized into either water or wastewater projects. So while the first two projects (the Water Treatment Facility & Piping Upgrade and the 34 th Avenue Sewer Replacement) are inter-related and will be managed as a common construction project, they are submitted as two separate SRF applications. Joe Honner, HDR, Inc., will present at the Public Hearing for these two projects. First District Association of Local Governments (First District) will discuss the project financial impact and will ultimately support the SRF applications to the State. Background: Sanitary sewer improvements will be done in conjunction with the raw and finished water piping in 34th Avenue. Note that a portion of this work is required as a negotiated condition of the water treatment facility property transaction. HDR will provide project detail during the public hearing. Item Details: The project includes the following: 1,200 feet of 12-inch sanitary sewer 7,171 feet of 24-inch sanitary sewer 19 manholes An overall project schematic is provided. HDR will provide project detail during the public hearing. Updated: March 2021 Legal Consideration: First District has provided the Resolution. Strategic Plan Consideration: These 3 projects fall under the following strategic plan areas: fiscal responsibility, safe - inclusive-connected community, service and innovation excellence, and sustainability. Financial Consideration: The Opinion of Probable Construction Cost (OPCC) is $4,000,000. First District will present financial and rate impact information at the public hearing. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Legal Notice Map Resolution 21-103 Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests Whereas, the City of Brookings/BMU (the “City”) has determined it is necessary to proceed with improvements to its W astewater Collection System, including but not limited to replacing mains and manholes, and extending the sewer north for future development (the “Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore, Be It Resolved by the City as follows: 1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $4,000,000 to the South Dakota Board of Water and Natural Resources for the Project. 2. The Mayor is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Brookings Municipal Utilities General Manager/Executive Vice President is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adopted at Brookings, South Dakota, this 23rd day of November 2021. CITY OF BROOKINGS, SD Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING FOR THE CITY OF BROOKINGS BROOKINGS MUNICIPAL UTILITIES WASTEWATER IMPROVEMENTS PROJECT Brookings Municipal Utilities (BMU) is proposing to construct improvements to its wastewater systems. The City of Brookings is seeking up to $4,000,000 on behalf of the BMU for the wastewater system improvements from the Board of Water and Natural Resources. The funds could be either grants from the State Consolidated Water Facilities Construction Program or a loan from the Clean Water State Revolving Fund (CWSRF) programs. The expected CWSRF Loan terms are 2.125 percent for 30 years. The Board of Water and Natural Resources may forgive all or a portion of the loan principal. The amount and source of funds will be determined by the Board of Water and Natural Resources when the applications are presented at a scheduled board meeting. The purpose of the public hearing is to discuss the proposed project, the proposed financing, the source of repayment for the loans and to receive comments regarding the application from members of the community. The meeting is open to the public and interested persons are encouraged to attend. Notice is further given to persons with disabilities that this hearing is being held at a physically accessible place. Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. The public hearing will be held at the Brookings City & County Government Center, 520 3rd Street, Third Floor Chamber’s Room on Tuesday, November 23, 2021, at 6:00 P.M. Published once at a total approximate cost of $_____. PTW 10,200 ft, 16-inch Raw Water Line 18,300 ft, 16-inch Raw Water Line 8,990 ft, 16-inch Finished Water Line 10,900 ft, 16-inch Finished Water Line 17,400 ft, 20-inch Finished Water Line 12" PVC - 2,156 ft 8" PVC - 40 ft Sanitary Sewer 24" PVC - 5,015 ft 8" PVC - 45 ft 6" PVC - 150 ft 4" PVC - 20 ft Sanitary Sewer 12" PVC - 1,200 ft 8" PVC - 80 ft Sanitary Sewer CR CR 21CR 9CR 16 CR 8TH ST 22ND AVE22ND AVEMEDARY AVEMAIN AVEWESTERN AVE8TH ST S MAIN AVE S 2ND ST S ORCH A R D D R17TH AVECRYSTALRI D G ERD 5TH AVEMEDARY AVE470 AVE212 ST 214 ST 211 ST470 AVE469 AVE475 AVE474AVE213 ST 20TH ST S 8TH ST SW 471 AVE213 ST 214 ST 473 AVE14 14 14 14 14 29 29 29 [0 2,500 Feet \\SXF-SRV01\ENG\GIS\PROJECTS\BMU\BMU_WTP\MAP_DOCS\BMU_WTP.APRX DATE: 11/15/2021 BROOKINGS MUNICIPAL UTILITIES PROPOSED RAW WATER, FINISHED WATER, AND SANITARY PIPE IMPROVEMENTS Finished Water Line Raw Water Line Sanitary Sewer Storage Tank Treatment Plant PTW Proposed WTP -- City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-104,Version:1 Public Hearing and Action on Resolution 21-104, a Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. (Lead Water Service Line Replacement Project) Summary: Brookings Municipal Utilities (BMU) is pursing State Revolving Funding (SRF) for three projects and hopes to capitalize on Federal American Rescue Plan Act (ARPA) and/or infrastructure grant funding. While still uncertain, funding guidance indicates an SRF application by December 31, 2021 will likely provide the highest probability of capitalizing on American Rescue Plan Act (ARPA) grant funding. Public hearings are required to support the pending SRF applications. As such, Public Hearings are scheduled with both the BMU Utility Board (November 22nd) and the Brooking City Council (November 23rd) for three projects detailed below. Resolutions authorizing the SRF applications are required for each of the three applications. Note that SRF funding is categorized into either water or wastewater projects. So while the first two projects (the Water Treatment Facility & Piping Upgrade and the 34th Avenue Sewer Replacement) are inter-related and will be managed as a common construction project, they are submitted as two separate SRF applications. Joe Honner, HDR, Inc., will present at the Public Hearing for these two projects. First District Association of Local Governments (First District) will discuss the project financial impact and will ultimately support the SRF applications to the State. BMU will present at the Public Hearing for the third project (Lead Water Service Line Replacement Project). First District will discuss the project financial impact and will ultimately support the SRF application to the State. Recommendation: Staff recommends approval. Attachments: Memo Resolution Legal Notice Map City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ Updated: March 2021 City Council Agenda Memo From: Eric Witt, BMU Water/Wastewater & Engineering Manager Council Meeting: November 23, 2021 Subject: Resolution: BMU Lead Water Service Line Replacement Presenter: Eric Witt, BMU Water/Wastewater & Engineering Manager Summary: Brookings Municipal Utilities (BMU) is pursing State Revolving Funding (SRF) for three projects and hopes to capitalize on Federal American Rescue Plan Act (ARPA) and/or infrastructure grant funding. While still uncertain, funding guidance indicates an SRF application by December 31, 2021 will likely provide the highest probability of capitalizing on American Rescue Plan Act (ARPA) grant funding. Public hearings are required to support the pending SRF applications. As such, Public Hearings are scheduled with both the BMU Utility Board (November 22nd) and the Brooking City Council (November 23rd) for three projects detailed below. Resolutions authorizing the SRF applications are required for each of the three applications. BMU will present at the Public Hearing for the third project (Lead Water Service Line Replacement Project). First District will discuss the project financial impact and will ultimately support the SRF application to the State. Background: BMU has historically been pro-active regarding privately-owned lead service lines in the water distribution system. In the early 2000’s (2001, 2002, & 2003), BMU initiated a project working with property owners to remove lead services: 73 were removed as part of those projects. In recent years, BMU has actively worked with property owners when lead water services have been encountered associated with construction projects. BMU has financed the removal of 13 lead service lines in the last 5 years. As a result, only 48 known lead water services remain in the distribution system. Note that BMU actively inventoried lead water services coming into building basements during a water meter conversion project from approximately 2015 to 2021. As such, while unknown splices to a lead service outside a building are still possible, between historical records and the meter replacement project, BMU has as good an inventory of lead services as possible without excavation of each service. Item Details: An update to the federal Lead and Copper Rule is anticipated in 2024. Sampling protocols are expected to change such that reported lead levels may be a much as 5 Updated: March 2021 times higher than previously reported. This increases the potential for lead level exceedances. Consistent with increasing State and Federal emphasis to reduce lead exposure in drinking water, BMU plans to once again engage private property owners to remove the remaining 48 known lead service lines. As expected, the 48 known lead service lines are generally located in the older portion of the community as shown on the attached location map. Legal Consideration: First District has provided the Resolution. Strategic Plan Consideration: These 3 projects fall under the following strategic plan areas: fiscal responsibility, safe- inclusive-connected community, service and innovation excellence, and sustainability. Financial Consideration: The Opinion of Probable Construction Cost (OPCC) is $920,000. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Legal Notice Map Resolution 21-104 Resolution Authorizing an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify and Sign Payment Requests. Whereas, the City of Brooking/BMU (the “City”) has determined it is necessary to proceed with improvements to its W ater System, including but not limited to replacing lead service lines (the “Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore, Be It Resolved by the City as follows: 1. The City hereby approves the submission of an Application fo r financial assistance in an amount not to exceed $1,000,000 to the South Dakota Board of Water and Natural Resources for the Project. 2. The Mayor is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Brookings Municipal Utilities General Manager/Executive Vice President is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adopted at Brookings, South Dakota, this 23rd day of November 2021. CITY OF BROOKINGS, SD ___________________________ Oepke G. Niemeyer, Mayor ATTEST: ______________________________ Bonnie Foster, City Clerk NOTICE OF PUBLIC HEARING FOR THE CITY OF BROOKINGS BROOKINGS MUNICIPAL UTILITIES IMPROVEMENTS PROJECTS Brookings Municipal Utilities (BMU) is proposing to construct improvements to its water system (lead service lines). The City of Brookings is seeking up to $1,000,000 on behalf of the BMU for the water system improvements from the Board of Water and Natural Resources. The funds could be either grants from the State Consolidated Water Facilities Construction Program or a loan from the Drinking Water State Revolving Fund (DWSRF) programs. The expected DWSRF Loan terms are 2.125 percent for 30 years. The Board of Water and Natural Resources may forgive all or a portion of the loan principal. The amount and source of funds will be determined by the Board of Water and Natural Resources when the applications are presented at a scheduled board meeting. The purpose of the public hearing is to discuss the proposed projects, the proposed financing, the source of repayment for the loans and to receive comments regarding the application from members of the community. The meeting is open to the public and interested persons are encouraged to attend. Notice is further given to persons with disabilities that this hearing is being held at a physically accessible place. Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. The public hearing will be held at the Brookings City & County Government Center, 520 3rd Street, Third Floor Chamber’s Room on Tuesday, November 23, 2021, at 6:00 PM. Published once at a total approximate cost of $_____. M:\Board Memos\City Council Memo 2021 Nov 23.docx BMU will work with private property owners to replace their individual lead service line. Since this will require access to both private property for excavation and the interior of the building for plumbing termination inside the building, a temporary construction easement will be required from each property owner. BMU has been actively engaged with these same property owners recently during lead and copper water sampling. The potential for a lead service line replacement program has been broached with property owners during this sampling effort. IV. Cost Estimate The Opinion of Probable Construction Cost (OPCC) is $920,000. / ?i !!! I Western Ave Iii I " a. !!! VI Division Ave 1S! Ave S ;u ( ~ I ~ l £! .I ' f l I ;y -t 2rr.l A ;; ·2nd Ave ?_Ve S 1/ fl ,? ,._, ■ A. 3rd Aves ~ '· · 3rd Ave 3 ;:; . $a ;;·J. ;;; ti"' Mam Ave ) :1 !!! it _,t/ '"' a. 5th Ave (J) '"' a. !!! Ave S (f) fl ., I I""' I ii !!! -... CT !!! I !!! I' 8th Ave S I ~; -I r -/ i/eda,y Ave • "'. I ~· I , Ave ; / Birch Ave I n > ! ( I / "' I I -~ f J-" i'! "' o .lg ~ ~ liff> / Jr~-16th Ave S 12th Ave 13th Ave• 14th Ave 15111 Ave w 16th Ave i3. :,:: :PW ~ I f r = C, CT !!! :, I€}' 0:, ~ 0 0 "" s· <O (I) ~ :::; II ..., :i' !!! :f· 1st Ave 0 " s! I !!! I ::i :::; @} !!! "' 0) ' CT !!! :Ji -0) :i' !!! 6th·Ave 7th Ave ~ :::; 8tll,./\ve !!! ~ :::; !!! 9th Ave ., ~J -:, :,:cf 0 C =:, "' ~ :::; !!! :t " ~ •-< 0 C :, :, !!! ;i,f ,, :,,-~ -(' ~r JQ,s-~ :::; !!! ' ~ • • , . Medary Ave " ~ w !!! m -1 Ro luo;:la ~ii" !:'; ID O" , iil ::l -1• ,_, .. .,,..,..,.,.,,...-,,p,t City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-036,Version:2 Second Reading and Action on Ordinance 21-036, an Ordinance repealing Sections 2-261 through 2- 272 of the Code of Ordinances of the City of Brookings, SD, and pertaining to the University Community Coalition. Summary: This Ordinance will dissolve the University Community Coalition. A formal university-community coalition is no longer necessary due to the excellent relationship with SDSU’s leadership, staff, and students which has been developed and fostered. Recommendation: Staff recommends approval. Attachments: Memo Ordinance Current Code City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: City Clerk, Bonnie Foster Council Meeting: November 9, 2021 / November 23, 2021 Subject: Dissolving the University Community Coalition Presenter: City Clerk, Bonnie Foster Summary: This Ordinance will dissolve the University Community Coalition. A formal university- community coalition is no longer necessary due to the excellent relationship with SDSU’s leadership, staff, and students which has been developed and fostered. Background: The University Community Coalition was originally established in 2016 to identify, investigate, propose, and advocate practices and policies that will improve the well- being of the university-community relationship and the quality of life in Brookings. In addition, the University Community Coalition was to create a platform for effective communication between the Brookings community and South Dakota State University. City records reflect this coalition never met. Item Details: Approving this Ordinance will dissolve the University Community Coalition. Legal Consideration: City Attorney Steve Britzman has reviewed the Ordinance. Strategic Plan Consideration: Service and Innovation Excellence– opportunity to consolidate volunteer boards and streamline operations. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the ordinance as presented. Supporting Documentation: Ordinance Current Code Ordinance 21-036 An Ordinance Repealing Sections 2-261 through 2-272 of the Code of Ordinances and Pertaining to the University Community Coalition. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Whereas, the City Council and City staff have enjoyed effective communication and collaboration with SDSU leadership, staff and students which achieves the objectives of the University Community Coalition; and Whereas, the City Council determines that a formal university-community coalition created by City ordinance is no longer necessary due to the excellent relationships with SDSU’s leadership, staff and students that have been developed and fostered. Now, Therefore, Sections 2-261 through 2-272 of the ordinances of the City of Brookings and pertaining to the University Community Coalition are hereby repealed. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: November 9, 2021 Second Reading: November 23, 2021 Published: CITY OF BROOKINGS, SD ATTEST: Oepke G. Niemeyer, Mayor Bonnie Foster, City Clerk Chapter 2 - ADMINISTRATION ARTICLE V. - BOARDS, COMMITTEES AND COMMISSIONS DIVISION 9. UNIVERSITY COMMUNITY COALITION Brookings, South Dakota, Code of Ordinances Created: 2021-08-16 14:47:44 [EST] (Supp. No. 12) Page 1 of 3 DIVISION 9. UNIVERSITY COMMUNITY COALITION Sec. 2-261. Creation/name. The City of Brookings hereby establishes the university community coali tion (hereinafter sometimes referred to as "the coalition"). (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-262. Purpose. The Brookings community and South Dakota State University (SDSU) have a long history of collaboration and cooperation for their mutual benefit. The purpose of this university community coalition is to identify, investigate, propose and advocate practices and policies that will improve the well-being of the university-community relationship and the quality of life in Brookings. In addition, the university community coalition will create a platform for effective communication between the Brookings community and South Dakota State University. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-263. Objectives of the university community coalition. • Provide a venue for collaboration and communication; • Identify, investigate, and promote activities, practices, and policies that improve the university and community relationship; • Explore where the campus and community can help each other attain its mission and vision; • Enhance students' off-campus experiences and encourage connectivity with the greater Brookings community; • Encourage community members' connectivity with university programs and events; • Create initiatives to encourage public safety, community health, and a high quality of life for students and community members; and • Provide a venue for community-wide discussion on issues affecting both the university and Brookings community. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-264. Expectations of the university community coalition. Issues can be referred to the coalition from the city council, SDSU president's executive council, SDSU student association, and SDSU academic senate for assistance and advice. In addition to issues referred to the coalition, the coalition will have a min imum of one open forum per year to hear issues and suggestions from the Brookings community and the SDSU campus community. The coalition will meet as needed to identify and promote activities, practices, and policies that will resolve issues and attain the stated objectives. Created: 2021-08-16 14:47:44 [EST] (Supp. No. 12) Page 2 of 3 The coalition will also have an annual forum to review the year. The annual forum will include university administration, city officials and student leaders. An annual report will be prepared and published to the university president, the president's executive council, the mayor, the city council and the public. This report will be a public document. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-265. Composition, appointment, criteria for appointment. A. The university community coalition shall be comprised of a maximum of 11 members. B. The coalition will be comprised of a maximum of 11 members. C. The coalition membership will include; • Brookings City Manager or designee. • Brookings Chief of Police or designee. • SDSU student association president or designee. • SDSU state and local chair or designee. • SDSU VP of student affairs or designee. • SDSU VP of public safety and security or designee. Designees must be approved by the city council. D. A maximum of five at-large positions shall be appointed by the mayor and approved by the city council. No at-large member shall serve a term longer than two years, however an at-large member may be reappointed. The at-large appointments should be drawn from those involved with issues facing the university and community, such as university administrators and faculty, SDSU students, business leaders, prop erty owners, involved community members, bar proprietors. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-266. Expectations of members of the university community coalition. • Appoint a chair to conduct meetings and manage the agenda. • Adhere to a code of ethics and city open meeting policies. • Work to achieve community-wide solutions which do not represent an individual member's goals or pl atform. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-267. Vacancies. If a vacancy on the university community coalition occurs prior to the expiration of a term, the vacancy may be filled by nomination by the mayor, with approval by the city council. (Ord. No. 16-024 , § I, 11-22-2016) Created: 2021-08-16 14:47:44 [EST] (Supp. No. 12) Page 3 of 3 Sec. 2-268. Officers. The university community coalition will designate from among its membership a chairperson, vice- chairperson and such other officers as it deems appropria te and necessary. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-269. Terms of office. Members of the university community coalition shall serve two-year terms. Upon expiration of an appointment, a member may thereafter be appointed for one additional term. All terms shall expire on the date of the first regular meeting of the city council in May. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-270. Quorum. A majority of the members of the university community coalition shall constitute a quorum for the transaction of its business. A majority vote of the members shall be required to approve any action by the university community coalition. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-271. Compensation. All members of the university community coalition shall serve without compensation. (Ord. No. 16-024 , § I, 11-22-2016) Sec. 2-272. Minutes. The university community coalition will keep and submit minutes of its meetings to the city manager. The university community coalition must also file an annual report with the city council. (Ord. No. 16-024 , § I, 11-22-2016) City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 21-097,Version:1 Action on Resolution 21-097, a Resolution Authorizing Supplemental Appropriations of Grant Funds to the 2021 Budget. Summary: The City of Brookings Police Department has recently received two Homeland Security Grants, for which expenditures have been identified. This resolution supplements the budgets for grant revenue and the related expenditure accounts to allow budget authority for these transactions. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ashley Rentsch, Deputy Finance Manager; Erick Rangel, Chief Financial Officer; Dave Erickson, Police Chief Council Meeting: November 23, 2021 Subject: Resolution 21-097: Authorizing Supplemental Appropriations of Grant Funds to the 2021 Budget Presenter: Ashley Rentsch, Deputy Finance Manager Summary: The City of Brookings Police Department has recently received two Homeland Security Grants, for which expenditures have been identified. This resolution supplements the budgets for grant revenue and the related expenditure accounts to allow budget authority for these transactions. Background: The Homeland Security Grant program is administered by FEMA. This program is designed to assist state and local governments in preventing, protecting against, mitigating, responding to, and recovering from acts of terrorism and other threats. The program provides grantees with the resources required for implementation of the National Preparedness System and working toward the National Preparedness Goal of a secure and resilient nation. Item Details: A grant for equipment was received in the amount of $57,150. These funds will be utilized to purchase a tactical vest for the Criminal Investigation Department and the Special Response Team. A grant for training was received in the amount of $13,791. These funds will be utilized to provide SWAT Team Leader Training. Legal Consideration: State law (SDCL 9-21-9.1) permits supplemental appropriations by motion of the governing board, rather than a Supplemental Appropriation Ordinance, for funds made available through state, county, or federal grants for expenditure by the municipality. Strategic Plan Consideration: This Resolution supports Fiscal Responsibility. The Police Department seeks grant funding opportunities when possible to maximize effectiveness for the department and the General Fund overall. The supplemental appropriation ensures transparent and accurate accounting records to recognize these transactions. Financial Consideration: This resolution recognizes total grant revenues and expenditures of $70,941, resulting in a net zero impact on the City’s financial position. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Resolution 21-097 A Resolution Authorizing Supplemental Appropriations of Grant Funds to the 2021 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-9.1) permits supplemental appropriations by motion of the governing board for funds made available after the final appropriation ordinance from state, county or federal grants for expenditure by the municipality. Now, therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2021 budget: Passed and approved this 23rd day of November, 2021. CITY OF BROOKINGS Oepke G. Niemeyer, Mayor ATTEST: Bonnie Foster, City Clerk Increase/ (Decrease) Justification 101-421-4-334-09 Grants 57,150.00$ Recognize Receipt of Homeland Security Grant $ 57,150.00 101-421-5-920-00 Furniture & Equipment 57,150.00$ Increase budget authority for tactical vest for CID and SRT $ 57,150.00 101-421-4-334-09 Grants 13,791.00$ Recognize receipt of grant Homeland Security Grant $ 13,791.00 101-421-5-427-02 Registration & Training 13,791.00$ Increase budget authority for SWAT Team Leader Training $ 13,791.00 Total Grant Expenditures Total Grant Revenue Police Department Grants Total Grant Revenue Total Grant Expenditures City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0560,Version:1 Action on a Revised Preliminary Plat for Lots 1 and 2, Block 19; Block 20 and Block 21 in Prairie Hills Addition. Summary: Prairie Hills LLC has submitted a revised preliminary plat for Lots 1 and 2, Block 19; Block 20 and Block 21 in Prairie Hills Addition. The revised preliminary plat includes 33 acres of land in the northwest section of the Prairie Hills development. Recommendation: The Development Review Team and staff recommend approval. The Planning Commission voted 5- 0 recommending approval. Attachments: Memo Planning Commission Notice Planning Commission Minutes Revised Preliminary Plat Approved Preliminary Plat Approved Preliminary Plat 9-24-2019 Aerial and Zoning Map City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner City Council Meeting: November 23, 2021 Subject: Revised Preliminary Plat for Lots 1 and 2, Block 19; Block 20 and Block 21 in Prairie Hills Addition Presenter: Mike Struck, Community Development Director Summary: Prairie Hills LLC has submitted a revised preliminary plat for Lots 1 and 2, Block 19; Block 20 and Block 21 in Prairie Hills Addition. The revised preliminary plat includes 33 acres of land in the northwest section of the Prairie Hills Development. Background: The original Preliminary Plat for Prairie Hills identifies the area in the revised preliminary plat as portions of Block 5, Block 9, Block 10 and portions of Block 11. Revised plats for adjacent land in Prairie Hills have resulted in the renumbering of blocks , as well as the elimination of Pasque Flower Trail. Item Details: The revised preliminary plat proposes three blocks. Block 19 includes two lots currently zoned Business B-2 district. Lot 1 will remain B-2 while a rezoning request has been submitted to rezone Lot 2 from B-2 to Residence R-3 Apartment District. Block 20, formerly a portion of Block 5, is currently split zoned B-2/R-3 and a rezoning request has been submitted to rezone Block 20 to entirely R-3. Block 21, formerly identified as Blocks 9 and 10, is currently zoned B-2. Portions of the original Blocks 9 and 10 have been platted as Lots 1 – 3, Block 7. Legal Consideration: None Strategic Plan Consideration: Economic Growth – the revised preliminary plat will provide an opportunity for potential commercial and multi-family housing development. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Discuss / take no action / table The Development Review Team and staff recommend approval. The Planning Commission voted 5-0 recommending approval. Supporting Documentation: Planning Commission Notice Planning Commission Minutes Revised Preliminary Plat Approved Preliminary Plat Approved Preliminary Plat 9-24-2019 Area and Zoning Map If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That Prairie Hills LLC has submitted a revised preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 1 and 2 in Block 19; Block 20 and Block 21 all in Prairie Hills Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, November 2, 2021, in the Chamber Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 22nd day of October, 2021. Ryan Miller City Planner Planning Commission Brookings, South Dakota November 2, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday, November 2, 2021, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were James Drew, Greg Fargen, Lee Ann Pierce, Roger Solum, and Jorgenson. Absent were Tanner Aiken, Justin Borns, and Jacob Mills. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, Jacob Mills, and Kyle Rausch. Item #4a - Prairie Hills LLC has submitted a revised preliminary plat of Lots 1 and 2 in Block 19; Block 20 and Block 21 all in Prairie Hills Addition. (Fargen/Pierce) Motion to approve the revised preliminary plat. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – This is a revised plat of 33 acres of land in the Prairie Hills Development. This plat had previously been approved in 2019. The revisions consist of renumbering of blocks as well as the elimination of Pasque Flower Trail. Mills explained the project that Prairie Hills is working on currently and for 2022. This preliminary plat will allow for the road structure to be built in this area. The meeting adjourned at 6:23 p.m. ______________________ __________________________ Ryan Miller, City Planner Gregg Jorgenson, Chairperson 9 0 '±114'±94'±83'±95'±529'±169'±524'±UNPLATTEDUNPLATTEDUNPLATTED104'±172'±483'±89'±68'±89'±1 4 8 '± 361'±20'±70'±20'±21'±89'±108'±140'±24'±85'± 53'±189'±66'± 1 9 5 '±145'± 5 8 '± 89'±9 3 '± 265'±551'±89'±67'±97'±205'±659'±112'±57'±34'±415'±WETLAND BTRACT 1WETLAND CTRACT 1GOLDENROD TRAILLOT B4523LOT A1CHOKECHERRY LAN E 20TH ST SMAIN AVE S SECTION LINE1/4 LINELOT 2BLOCK 194.3± ACRESBLOCK 204.0± ACRESBLOCK 2123.4± ACRES321123BLOCK 7BLOCK 3BLOT 1BLOCK 191.3± ACREST A L L G R A S S P A R K W A YSWEETGRASS DRSWEETGRASS DR70'ROW41'BC TO BC 41'BC TO BC70'ROW3 1 ' BC TO BC 5 5 'ROW40' EXIST. ROW40'ROW 70'ROW45' ROW 90'ROW 190'±209'±346'±50' PROPOSED ROW207'±264'±970'±680'±207'±40' EXIST. ROW50' PROPOSED ROWF:\20977-01\Design Phase\CADD\Sheet File\Prairie Hills North End Preliminary Plat.dwg;9/24/2021 12:39 PM RE V I EW ON L Y FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBJDBJLUOCTOBER 202120977-01PRELIMINARY PLAT PRAIRIE HILLS ADDITION BROOKINGS, SOUTH DAKOTA 1 OF 3LEGEND:MONUMENT (FOUND)PROPERTY LINEHORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH(4001)VERTICAL DATUM: - NAVD 88 - GEOID 09AALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETSECTION LINEQUARTER LINEPRELIMINARY PLAT OFLOTS 1 AND 2 IN BLOCK 19; BLOCK 20 AND BLOCK 21 ALL IN PRAIRIE HILLS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTADEVELOPERPRAIRIE HILLS LLC.JACOB MILLS, VICE PRESIDENT1323 MAIN AVE. S.BROOKINGS, SD 57006605-697-3118ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, RLSNATHANN@BANNERASSOCIATES.COMEXISTING LEGALNE1/4 EXC. N40' EXC. PLATTED AREASSEC. 2-T109N-R50WFLOODPLAIN INFORMATIONFLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 2008SETBACK0 100 200 FTCOMMERCIALUSES25 FEET*20 FEET*45 FEETDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTB-2* A 40-FOOT LANDSCAPED AREA SHALL BE REQUIRED BETWEEN AN ABUTTING RESIDENTIAL DISTRICTBOUNDARY LINE AND ANY STRUCTURE, ACCESS DRIVE, PARKING LOT OR OTHER ACCESORY USE.**THE SIDE YARD WILL BE REQUIRED TO BE INCREASED TO TEN FEET WHEN THE BUILDING IS THREEOR MORE STORIES IN HEIGHT.ZONING REGULATIONS:OTHERALLOWABLEUSES100 FEET15,00025 FEET7 FEET**20 FEET45 FEET100 FEET15,000NOTES REGARDING LAND USEDRAINAGE AND UTILITY EASEMENTS SHALL BEADOPTED PRIOR TO FILING OF THE FINAL PLAT.AREAS AND LOT DIMENSIONS ARE APPROXIMATEAND MAY CHANGE SLIGHTLY AT THE TIME OFFINAL PLATTING.VICINITY MAPSCALE: NONEPLAT AREA UNPLATTEDUNPLATTEDUNPLATTED12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' W 12'' WSS8'' S 8'' S 8'' S SSS12'' S8'' S 8' ' W 8' ' WWETLAND BTRACT 1WETLAND CTRACT 1GOLDENROD TRAILLOT B4523LOT A1CHOKECHERRY LAN E 20TH ST SMAIN AVE S SECTION LINE1/4 LINELOT 2BLOCK 194.3± ACRESBLOCK 204.0± ACRESBLOCK 2123.4± ACRES321123BLOCK 7BLOCK 3BLOT 1BLOCK 191.3± ACRES8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' W8'' SS8'' S8'' S8'' S8'' SSS8' ' S S8'' W8'' WT A L L G R A S S P A R K W A YSWEETGRASS DRSWEETGRASS DR70'ROW41'BC TO BC 41'BC TO BC70'ROW3 1 ' BC TO BC 5 5 'ROW40' EXIST. ROW40'ROW 70'ROW45' ROW 90'ROW 50' PROPOSED ROW40' EXIST. ROW50' PROPOSED ROWF:\20977-01\Design Phase\CADD\Sheet File\Prairie Hills North End Preliminary Plat.dwg;9/24/2021 12:39 PM RE V I EW ON L Y FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBJDBJLUOCTOBER 202120977-01UTILITY PLAN PRAIRIE HILLS ADDITION BROOKINGS, SOUTH DAKOTA 2 OF 3HORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH(4001)VERTICAL DATUM: - NAVD 88 - GEOID 09AALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETPRELIMINARY PLAT OFLOTS 1 AND 2 IN BLOCK 19; BLOCK 20 AND BLOCK 21 ALL IN PRAIRIE HILLS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTADEVELOPERPRAIRIE HILLS LLC.JACOB MILLS, VICE PRESIDENT1323 MAIN AVE. S.BROOKINGS, SD 57006605-697-3118ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, RLSNATHANN@BANNERASSOCIATES.COMEXISTING LEGALNE1/4 EXC. N40' EXC. PLATTED AREASSEC. 2-T109N-R50WFLOODPLAIN INFORMATIONFLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 20080 100 200 FTLEGEND:MONUMENT (FOUND)PROPERTY LINESECTION LINEQUARTER LINEEXISTING WATER LINEEXISTING SANITARY SEWEREXISTING SANITARY SEWER MANHOLESWSPROPOSED WATER LINE(8" UNLESS OTHERWISE INDICATED)PROPOSED SANITARY SEWER(8" UNLESS OTHERWISE INDICATED)WSPROPOSED SANITARY SEWER MANHOLESEXISTING STORM SEWERSTDROP INLETPROPOSED STORM SEWERSTSETBACKEXISTING SANITARY FORCE MAINFM UNPLATTEDUNPLATTEDUNPLATTEDWETLAND BTRACT 1WETLAND CTRACT 1GOLDENROD TRAILLOT B4523LOT A1CHOKECHERRY LAN E 20TH ST SMAIN AVE S SECTION LINE1/4 LINELOT 2BLOCK 194.3± ACRESBLOCK 204.0± ACRESBLOCK 2123.4± ACRES321123BLOCK 7BLOCK 3BLOT 1BLOCK 191.3± ACREST A L L G R A S S P A R K W A YSWEETGRASS DRSWEETGRASS DR16 05 1 6 0 5 1610 16151620162516101615162016151620161016051610 160016051 6 0 5 1610161570'ROW41'BC TO BC 41'BC TO BC70'ROW3 1 ' BC TO BC 5 5 'ROW40' EXIST. ROW40'ROW 70'ROW45' ROW 90'ROW 1605161050' PROPOSED ROW40' EXIST. ROW50' PROPOSED ROWF:\20977-01\Design Phase\CADD\Sheet File\Prairie Hills North End Preliminary Plat.dwg;9/24/2021 12:39 PM RE V I EW ON L Y FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBJDBJLUOCTOBER 202120977-01EXISTING GRADES PRAIRIE HILLS ADDITION BROOKINGS, SOUTH DAKOTA 3 OF 3HORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH(4001)VERTICAL DATUM: - NAVD 88 - GEOID 09AALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETPRELIMINARY PLAT OFLOTS 1 AND 2 IN BLOCK 19; BLOCK 20 AND BLOCK 21 ALL IN PRAIRIE HILLS ADDITIONAN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTADEVELOPERPRAIRIE HILLS LLC.JACOB MILLS, VICE PRESIDENT1323 MAIN AVE. S.BROOKINGS, SD 57006605-697-3118ENGINEER/SURVEYORBANNER ASSOCIATES INC.409 22ND AVE S.BROOKINGS, SD 57006(605) 692-6342ENGINEERJUSTIN BUCHER, PEJUSTINB@BANNERASSOCIATES.COMSURVEYORNATHAN NIELSON, RLSNATHANN@BANNERASSOCIATES.COMEXISTING LEGALNE1/4 EXC. N40' EXC. PLATTED AREASSEC. 2-T109N-R50WFLOODPLAIN INFORMATIONFLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 20080 100 200 FTLEGEND:MONUMENT (FOUND)PROPERTY LINESECTION LINEQUARTER LINEEXISTING MAJOR CONTOUREXISTING MINOR CONTOUR16102.5'30'2.5'13'13'9.5'25'8" BASE COURSE4" ASPHALTTYPICAL SECTION - 55' R.O.W.'S31'2.5'14.5'35'2.5'18'18'14.5'35'9" BASE COURSE5" ASPHALTTYPICAL SECTION - 70' R.O.W.'S41'4' SIDEWALK0.5'4' SIDEWALK0.5'POND14.5'4' SIDEWALK0.5' Area Map 396 ft City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0550,Version:1 Action on the City General Employee Contract. Summary: Attached is the proposed employee collective bargaining agreement. The City employees are covered under such agreement. Teamsters Local Union No. 120 represents City employees under this contract. The current contract expires at the end of 2021 and only allows wages as an opener. The City Manager and the Human Resources Director worked with union stewards and the Teamsters Business Agent for the City group. The union has accepted the proposed contract and City Council approval to ratify this contract will complete the process. The proposed contract in the packet is in amendment format so you can see the changes to the contract which is about to expire. Recommendation: Staff recommends approval Attachments: Memo Agreement - clean Agreement - marked City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ Updated: March 2021 City Council Agenda Memo From: Casey Bell, HR/Risk Manager; Jacob Meshke, Assistant City Manager; Susan Rotert, HR Director; Casey Bell, HR/Risk Manager Council Meeting: November 23, 2021 Subject: 2022 - 2024 Teamster Local Union No. 120 City General Union Agreement Presenter: Paul Briseno, City Manager Summary: Annually, the City and Union leadership meet and confer to develop an agreed contract which guides its members and City relationships. Teamsters Local Union No. 120 represents City General employees under this contract. The existing agreement covers two (2) years and will expire December 31, 2021. The new agreement will cover three (3) years from January 1, 2022 through December 31, 2024. A nnual contract reopeners will include salaries. Background: City management meets annually with Union leadership to meet and confer and develop an agreement for the future. The City General employees are covered under a union agreement which expires December 31, 2021. Teamsters Local Union No. 120 represents City General employees under this contract. Historically, the City has opted for three-year agreements. Due to the fluctuation of sales tax, it’s essential the City allows salaries as an annual opener to ensure expenses of increased pay does not out pace revenues. Item Details: A proposed contract was negotiated for January 1, 2022 to December 31, 2024. This three-year agreement allows wages as an open item. The City Manager, Assistant City Manager, and Human Resources Director worked with Union Stewards and the Teamsters Business Agent for the City General group through multiple meet and confer sessions to finalize the proposed agreement. The proposed agreement is contained within the approved 2022 Budget. Sales Tax is the City’s primary revenue source for salary increases. An agreement of a 1 - 4 % merit increase based on performance will be had for 2022. Employees that reach the max salary of their range will be eligible for a 1 - 4 % one-time payout based on performance. Updated: March 2021 The City General member group has accepted the proposed contract and City Council approval is needed to ratify the contract. This action will complete the process. Legal Consideration: There are no legal considerations at this time. Strategic Plan Consideration: Fiscal Responsibility – Negotiated items in Union Agreement fit within 2022 budget. Service and Innovation Excellence – Negotiated items in Union Agreement streamline and improve upon operations and logistics within covered Departments. Sustainability – Negotiated wages and benefits in Union Agreement are competitive within the labor market to retain and attract talent. Financial Consideration: The primary impact to the 2022 budget is contained within the approved budget. It’s expected the potential increases outlined in the offer will be offset by the sales tax increase required to realize any merit or one time increases. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table City Staff recommends approval of the agreement. Supporting Documentation: Agreement – clean Agreement – marked City of Brookings Labor Contract 2022-2024 INDEX Article Title Page Article 28 ....................Alcohol and Drug Abuse ............................................................... 13 ....................................Appendix A .................................................................................... 30 Article 42 ....................Break Time .................................................................................... 22 Article 9 ......................Bulletin Boards ................................................................................ 4 Article 10 ....................Business Agents .............................................................................. 4 Article 47 ....................Call-In ............................................................................................ 25 Article 6 ......................Check Off ......................................................................................... 3 Article 15 ....................Citizen’s Complaint ......................................................................... 6 Article 5 ......................Committee for Union - Management Co-Operation ...................... 2 Article 49 ....................Compensation Time ...................................................................... 25 Article 52 ....................Definitions ..................................................................................... 26 Article 14 ....................Discharge or Suspension ................................................................. 6 Article 53 ....................Duration ........................................................................................ 29 Article 29 ....................Employee Assistance Program ...................................................... 13 Article 19 ....................Employee Classification .................................................................. 9 Article 12 ....................Grievance Procedure ...................................................................... 5 Article 48 ....................Hazardous Pay ............................................................................... 25 Article 31 ....................Holidays ......................................................................................... 15 Article 37 ....................Injury Leave ................................................................................... 21 Article 26 ....................Insurance ....................................................................................... 12 Article 22 ....................Interim Pay Grade Changes .......................................................... 11 Article 38 ....................Leave Without Pay ........................................................................ 21 Article 7 ......................Liability Coverage ............................................................................ 3 Article 41 ....................Licenses and Certificates ............................................................... 22 Article 50 ....................Longevity ....................................................................................... 25 Article 3 ......................Maintenance of Standards ............................................................. 1 Article 4 ......................Management Rights ........................................................................ 1 Article 36 ....................Medical Leave of Absence ............................................................ 20 Article 35 ....................Military Leave ............................................................................... 20 Article 43 ....................Miscellaneous ............................................................................... 22 Article 23 ....................Out-Of-Class Pay ........................................................................... 11 Article 24 ....................Pay Period ..................................................................................... 11 Article 21 ....................Promotions or Transfers ............................................................... 10 Article Title Page Article 1 ......................Recognition ..................................................................................... 1 Article 13 ....................Reprimand ....................................................................................... 5 Article 27 ....................Retirement .................................................................................... 13 Article 18 ....................Seniority .......................................................................................... 8 Article 2 ......................Separability and Saving Clause ....................................................... 1 Article 20 ....................Separations ................................................................................... 10 Article 46 ....................Shift Differential ............................................................................ 24 Article 33 ....................Sick Leave ...................................................................................... 17 Article 34 ....................Special Leave ................................................................................. 19 Article 45 ....................Standby Time ................................................................................ 24 Article 8 ......................Stewards ......................................................................................... 3 Article 30 ...................Storm Policy .................................................................................. 14 Article 25 ....................Tax Deferred Annuities ................................................................. 12 Article 39 ....................Travel............................................................................................. 21 Article 44 ....................Uniforms and Equipment .............................................................. 23 Article 11 ....................Union Business and Representatives .............................................. 4 Article 32 ....................Vacation Leave .............................................................................. 16 Article 40 ....................Volunteer Fire Department Training ............................................ 22 Article 51 ....................Wages ............................................................................................ 26 Article 16 ....................Work Rules ...................................................................................... 7 Article 17 ....................Work Week ..................................................................................... 7 1 CITY OF BROOKINGS LABOR CONTRACT 2022 THIS AGREEMENT made and entered into this 1st day of January, 2022, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION The Employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: All regular full-time employees employed by the City of Brookings as stipulated in Appendix A. 2. SEPARABILITY AND SAVING CLAUSE If any provision of the Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of the Agreement shall continue in force and effect. 3. MAINTENANCE OF STANDARDS 3A. The Employer agrees, subject to the following provisions, that all conditions of employment in his individual operation relating to wages, hours of wo rk, overtime differentials and general working conditions shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved whenever specific provisions for improvement are made elsewhere in this Agreement. 3B. It is agreed that the provisions of this Article shall not apply to inadvertent or bona fide errors made by the Employer or the Union in applying the terms and conditions of this Agreement. Such bona fide errors may be corrected at any time. 3C. This provision does not give the Employer the right to impose or continue wages, hours or working conditions less than those contained in this Agreement. 4. MANAGEMENT RIGHTS The Union recognizes the prerogatives of the City Council and City Manager to operate and manage its affairs in all respects in accordance with its responsibility and powers of authority which the City has not officially abridged, delegated or modified by this 2 Agreement, and such powers and authority are retained by the City. These management rights include, but are not limited to the following: 4A. To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train or retrain employees in positions with the City; to discipline/suspend, discharge or take other appropriate action against employees for just cause; 4B. To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 4C. To determine the objectives of the City and the methods and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); for purchase and utilization of equipment; and the utilization of seasonal and part time employees, as long as no full time employees are laid off; 4D. To provide reasonable standards and rules for employees; and 4E. To determine the method of fulfillment of the objectives of the City whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 4F. To determine daily staffing levels. 5. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 5A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either party. They also recognize that during such period more mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and non-management employees, if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and understanding of each other’s problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below. 3 5B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them, within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of this Agreement. In agreeing to such meetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 5C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting the health, life and limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. 5D. The committee shall be composed of four (4) members designated by the Union and four (4) members designated by the City. Any recommendations must be adopted by a majority of the committee. 6. CHECK OFF Effective upon ratification, the Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 7. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. 8. STEWARDS The City recognizes the right of the Union to designate stewards. The job stewards so 4 designated shall perform the following duties: 8A. Investigation and presentation of grievances to Employer or the Employer representatives in accordance with the provisions of this Agreement. 8B. Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during work hours without loss of pay, provided that it does not interfere with the efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 9. BULLETIN BOARDS The employer agrees to provide space on its bulletin boards for Union business notices. Union space will be allocated. 10. BUSINESS AGENTS Authorized agents of the Union, after having notified the Department Head or Division Manager, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on -duty hours for the purpose of adjusting disputes, investigating work conditions, and ascertaining that the Agreement is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 11. UNION BUSINESS AND REPRESENTATIVES 11A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 11B. Upon receiving forty-eight (48) hours’ notice, the City shall excuse all employees in the bargaining unit, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City. Off duty employees attending such meetings shall do so on their own time. 5 12. GRIEVANCE PROCEDURE 12A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. 12B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. Failure to resolve grievance with the supervisor, employees are encouraged to attempt to resolve the grievance with the Department Head or Division Manager. 12C. Failure to resolve the grievance with the supervisor, Department Head, or Division Manager, the grievance shall be reduced to writing and submitted to the Human Resources Director and the Local Union within ten (10) calendar days following the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or union representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or her designee sh all meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 12D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3-18-15.2. The appeal must be initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limits or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary action, the employee and/or the Union may elect to commence the grievance procedure at the level of the Department Head, Division Manager, or City Manager. 12E. Time limits may be extended by mutual agreement. 12F. The Union has the authority to abandon a grievance. 12G. Abandonment of a grievance shall not set a precedence. 13. REPRIMAND Any reprimand that can become part of an employee’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative present. 6 14. DISCHARGE OR SUSPENSION 14A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before they are discharged or otherwise disciplined if the cause of such discharge is: 1. Dishonesty; 2. Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during their work shift. An employee will submit to a portable breath test if the presence of alcohol is suspected. In the event of a positive reading, the employee may, at their discretion, submit to a blood alcohol test, the expense of which is covered by the City if the test is negative and by the employee if the test is positive. The employee will submit to a urine drug screen if the presence of drugs is suspected. 3. Personal possession or use of illegal drugs while on duty; 4. Failure to report a serious accident or incident while on duty; 5. Insubordination; flagrant disregard of a lawful or reasonable order. 14B. It is understood that there are other offenses of extreme seriousness that an employee will be discharged without a warning letter. Depending upon the circumstances and upon just cause, a lesser discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the City Manager, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. Warning notices shall be in effect for up to 12 months. 14C. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 15. CITIZEN’S COMPLAINT When a citizen makes a formal complaint against an employee, which such complaint might become part of that employee’s official record, such complaint shall be reduced to writing after a complete investigation has determined there may be possible merit or substance to the same. Such written complaint shall be delivered to the employee and the employee shall have the right to face their accuser with the steward and/or 7 representative of the Local Union present at such meeting. The Department Head or Division Manager shall also be present at the meeting. 16. WORK RULES The City of Brookings encourages and promotes a mutual respect between management and bargaining unit employees in the performance of their respective duties. Department general orders and work rules shall be reviewed by the City Manager and the Department Head or Division Manager to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. All Union comments on the proposed changes will be considered by the City Manager and the Department Head or Division Manager; however, the City Manager retains the right to adopt changes in the said orders, work rules and manual. This article is not intended to permit changes in specific provisions of the Ag reement. Any disputes over reasonableness of work rules shall be subject to Article 5 (Committee for Union-Management Co-Operation). 17. WORK WEEK 17A. The normal working day for municipal employees shall be consecutive hours and the work week shall consist of forty (40) hours. Flexible schedules shall be set or approved by the Department Head or Division Manager. 17B. Employees shall be paid for all time spent in the employ of the Employer. 17C. Employees shall be compensated at the rate of time and one -half for all hours required to work prior to and/or beyond scheduled shift; on a scheduled day off; or in excess of forty (40) hours per week. Overtime will not be paid, however, for changes made to an employee’s normal weekly work schedule to include days off or shift when seven (7) calendar days advance written notice is given to the employee, unless changes to the schedule result in actual work hours in excess of 40 per week. However, seven (7) calendar days advance notice does not need to be given in the event of an emergency which is defined as an unforeseen combination of circumstances that calls for immediate action as determined by the Department Head, Division Manager, or their designee. In that event, the employee shall be paid at a rate of time and one-half for all hours required to work outside of their regular shift for emergencies and/or unforeseen circumstances. Employee requests to deviate from their normal workweek/day does not need seven-day advanced notice if approved by their supervisor. Daily overtime will not be awarded if the day is adjusted to meet the employee’s request. This request will be adjusted in the appropriate timekeeping system. Only hours physically worked will be considered for the purposes of calculating overtime. 8 Overtime will not be allowed without approval of the Department Head or Division Manager or other supervisor as designated. 17D. Overtime shall not be pyramided. 17E. Employees shall be allowed to trade shifts if it is approved by the shift Department Head or Division Manager. 17F. Part-time and seasonal employees shall be scheduled as needed, not to reduce full-time employees below the normal scheduled work week. 18. SENIORITY 18A. Seniority rights for employees shall prevail. 18B. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the bargaining unit. Current established seniority lists as of 12/30/97 shall not be modified or changed, but with respect to the contract language of January 1, 1999, definitions consistent with the seniority article shall prevail. 18C. On January 1 of each year, the Employer shall post a current seniority list and shall submit a copy to the Union. 18D. Seniority and employment relationship shall terminate when an employee: 1. Quits; 2. Is discharged for just cause; 3. Is retired. 18E. Department seniority shall govern layoff and recall. In the event of a layoff, the last employee hired in each affected Department, shall be laid off first as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective departments. 18F. A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks’ notice of separation or shall be paid for the two (2) weeks following the notice of layoff. Part-time and seasonal employees shall be laid off first provided they are doing comparable duties in the same department. 18G. Seniority will continue to accumulate for any employee who is drafted into the Armed Forces of the United States, or who volunteers during a period of national emergency, for the period of their service, and for ninety (90) days thereafter, if they received an honorable discharge. 18H. Employees who are injured and are covered by Workers’ Compensation shall continue to accumulate seniority during their absence. 9 18I. The City of Brookings shall grant re-employment rights to employees who have been laid off. Employees who are discharged, resign, or retire, shall forfeit re - employment rights. Employees who have been laid off shall be granted re- employment rights for a period of six (6) months in the classification they previously held. When re-employing personnel with seniority rights, such rights shall prevail. Re-employed individuals who have been laid off shall retain seniority and all accumulated benefits. Such benefits may not be accrued during the layoff period. 19. EMPLOYEE CLASSIFICATION 19A. Regular Full-time Employees - Employees who work a minimum of forty (40) hours per normal work week and are not designated as probationary or temporary shall be defined as “regular full-time”. This classification will entitle employees to all rights and benefits on a pro-rated basis. Time served on a probationary status shall be considered as regular full-time, when the employee is so classified. 19B. Probationary Employee - Probationary employees are newly hired employees and shall be considered on a “probationary” status for a period of six (6) months following their initial date of employment. Upon completion of not more than six (6) months of satisfactory performance such employees shall be classified as regular full-time. A probationary employee shall be subject to layoff, discipline, or discharge at the sole discretion of the City. After an employee has satisfactorily completed the probationary period, seniority will be established as of their employment date. 19B.1 The probationary period is established for the purpose of evaluating the performance of and manner in which each new employee adjusts to their work. If an employee is granted leave during their probationary period and said leave exceeds one week, then employee’s probationary period shall be extended by an amount at least equal to the term of their leave. If, for any reason, the employee is found to be unsatisfactory in their performance or attendance during the probationary period, the employee may be terminated. The “Probationary Employee Progress Report” form shall be completed two weeks before the probationary period ends in order to document the reason(s) for termination. Managers will utilize the Probationary Employee Progress Report to review each new employee’s performance and progress. The employee’s work performance, attitude, attendance, ability to follow instructions, and other factors which cause him/her to be successful on the job must be carefully reviewed before the employee is classified as a regular full - time employee. A probationary employee’s performance can be reviewed as often as necessary during the probationary period. The City Manager reserves the right to extend the probationary period of an employee up to a maximum of six (6) additional months. 10 19C. Acting - When a vacancy occurs in a position which cannot be left vacant for the length of time anticipated, when no suitable list of approved candidates exists for its filling, or for some other reason it is not feasible to make a permanent appointment thereto, the Department Head or Division Manager may appoint an employee to an “acting” capacity. The duration of such acting appointment shall be only until a permanent appointment can reasonably be made. The employee shall receive the wages of the vacant position. 20. SEPARATIONS 20A. Layoffs - In the event a cutback becomes necessary, City Manager will first determine what positions should be eliminated, and will notify the affected employees/union in writing. 20A.1 A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks’ notice of separation or shall be paid for the two (2) weeks following the notice of layoff. 21. PROMOTIONS OR TRANSFERS 21A. An employee may request a transfer from a position or Department to another position or Department within the bargaining unit. Such a request need not be in the nature of a promotion. Requests for transfer must first be made to an employee’s immediate supervisor and to the Department Head or Division Manager. 21B. A performance appraisal will be conducted prior to the end of 10 days in the new position. During the ten (10) day trial period, the employee shall have the opportunity to revert to their previous position. If the employee is unsatisfactory in the new position (in the opinion of the Employer), notice and reasons will be submitted to him in writing by the Employer with a copy to the Union. The matter may then become a proper subject for the grievance procedure. Benefits/seniority accumulated by the person transferring shall be retained by that individual. 21C. Inter-departmental transfers of employees for a short duration for City convenience may be made at any time at the discretion of the City Manager, providing the employee is informed of the need and expected duration of the transfer and it does not affect pay. 21D. Inter-departmental transfers of employees shall be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 21E. Whenever possible, new and vacant positions will be filled from within the City 11 by promoting qualified employees in accordance with the following: 21E.1 Promotions/transfers shall be made on the basis of seniority, skills, ability, qualifications, and job performance. If skills, ability, qualifications, and job performance, are relatively equal, then seniority shall be the determining factor. 21E.2 In accordance with this article, promotions must be approved by the City Manager. 21F. All regular full-time job vacancies shall be posted on the City of Brookings website. The City shall promote or transfer present employees to such vacancy provided the employee meets the above criteria. Any employee denied a promotion under this Article shall be given the reasons for such denial in writing and may be appealed under the grievance procedure. 22. INTERIM PAYRATECHANGES During the term of the contract, any proposed changes within the bargaining unit that substantially affect an employee’s duties and responsibilities shall be submitted to the Union. The City and the Union shall determine if the additional duties and responsibilities warrant a pay rate change, and if so, establish the appropriate rate for the position. 23. OUT OF CLASS PAY An employee that works in a higher pay classification for a period of two (2) consecutive weeks or longer shall receive the higher rate of pay for all time served in said higher pay classification job excluding the first week. While assigned to such duties, the employee shall be paid the entry level rate for working in that classificati on or at a rate that would allow for a rate increase above their current rate of pay. 24. PAY PERIOD 24A. All employees covered in this Agreement shall be paid in the same manner as all other city employees are paid, on a monthly pay period. 24B. The City is required to deduct the following items from an employee’s pay: 24B.1 Retirement contributions 24B.2 Additional deductions may be made for the following: a. Insurance - life, health, dental, and vision b. Credit Union c. Annuities d. Retirement (spouse option) contributions 12 e. Union dues, application fees and assessments f. Garnishments, child support, or other payroll deductions required by law 25. TAX DEFERRED ANNUITIES The City of Brookings offers a payroll deduction Tax Deferred Annuity Program for all employees. This is an investor directed, professionally managed annuity. The entire cost is paid by the employee, but reduces the employee’s gross income for tax withholding purposes. This can be a retirement and tax saving program for employees. 26. INSURANCE 26A. The City of Brookings offers insurance coverage to all regular full-time employees. Group health, dental, vision, accident, and life insurance is available for all qualified employees. The City of Brookings pays 75% of the total cost of group health for individual or family coverage for all employees; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hours’ payable in the payroll month. 26B. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System (SDRS) retirement benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full-time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 26C. If any employee is covered under the City health insurance plan either by spouse or dependent coverage, they would not be permitted to be c overed by an individual policy also with the City. 26D. Employees on leave of absence without pay may make arrangements for continued coverage. 13 27. RETIREMENT The City of Brookings is a member of the South Dakota Retirement System. Participation is mandatory and will be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. Termination of employment will also be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. 28. ALCOHOL AND DRUG ABUSE 28A. The City complies with the terms and protections of the Americans with Disabilities Act, including working cooperatively with employees who meet the definition of being a “qualified person with a dis ability” to identify and provide reasonable accommodations where necessary for the performance of the essential functions of the job. This includes qualified employees who have been diagnosed with alcohol use disorder and whose alcohol does not adversely affect their job performance or conduct or pose an unreasonable safety risk as determined by the City. The City does not tolerate the use by employees of illegal drugs, and such conduct will result in discharge from employment with the City. 28B. Department Heads, Division Managers, and supervisors shall not physically search employees. 28C. Department Heads, Division Managers, and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription. 29. EMPLOYEE ASSISTANCE PROGRAM 29A. It is the policy of the City to help employees experiencing behavioral/medical problems which not only affect their personal lives but often result in poor job performance. The City recognizes alcohol/drug abuse and addiction and other medical behavioral problems as treatable illnesses. The City also recognizes that other mental conditions can be successfully treated 29B. Confidentiality is one of the most important aspects of the program. If the employee contacts the EAP directly, no one in the Company will know about it, unless the employee tells them. Participation in the Employee Assistance Program will not jeopardize the employee’s job security nor will it affect future promotional opportunities. If an employee’s supervisor refers them, the EAP counselor will let the supervisor know if the employee has kept the appointment, and whether they have agreed to accept the help that was offered. No information concerning the nature of the problem will be released without the employee’s written consent. With this policy, any employee who suspects that they have an alcohol, mental health or drug problem, even in its 14 early stages, is encouraged to seek diagnosis and follow through with the prescribed treatment as necessary. 29C. There is no charge for the initial assessment. The City will incur such expenses for treatment and/or hospitalization as provided under the group health insurance program. However, if costs are incurred for rehabilitation services that are not covered by insurance or other benefits, such costs will be the responsibility of the employee. 30. STORM POLICY 30A. Prior to the occurrence of inclement weather, the City Manager and Department Heads or Division Managers will identify those positions and employees that are essential to carry on the City operations and who must be present at work during a storm. Those employees will be required to report for work via their own means of transportation or City provided transportation. 30B. Employees who are not identified as being essential to carry on operations shall have the option of “working or not working”. Those that work must utilize their own means of transportation. 30C. Employees who choose not to work or are unable to work their regular scheduled shift due to inclement weather will have to utilize vacation leave or leave of absence without pay. Employees whose absence is four hours or less will have the option of making up the time not worked. 30D. Due to work load or such other conditions as may warrant, the City Manager , Department Heads, or Division Managers may identify additional employees who were not initially identified as an essential employee. Department Heads or Division Managers may use discretion in calling in additional employees and such employees will be provided transportation and will be compensated at their regular rate of pay. 30E. Interdepartmental transfers of employees may be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 31. HOLIDAYS 31A. It is the policy of the City of Brookings to afford all regular full -time employees ten (11) paid holidays each year. The City recognizes the following holidays: New Year’s Day Martin Luther King, Jr. Day Presidents’ Day Memorial Day Juneteenth Independence Day 15 Labor Day Native Americans’ Day Veterans’ Day Thanksgiving Day Christmas Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. All allowed holiday pay shall be defined as eight (8) hours of compensation to be used based on employee’s regular rate of pay and cannot be used in less than 8 hour increments. 31B. If the designated holiday falls on a Saturday, the preceding Friday is observed, and if the designated holiday falls on Sunday, the following Monday is observed (except for shift workers). 31C. Employees scheduled to work on any one of the 11 above listed holidays will be paid time and one-half for the number of hours actually worked as well as 8 hours of Holiday Pay to cover the payment of the above benefit. 31D. If an employee is on a scheduled day off when a holiday is observed, the employee will be given an alternate day off in honor of the specific holiday within 180 days from the date of the holiday. Payment for the 8 hours of holiday pay will be given at that time. 31E. An employee on vacation during a holiday will receive holiday pay and will not be charged for that day as vacation. 31F. An employee who is on paid leave of absence will be eligible for holiday pay for a designated holiday observed during the leave of absence. 31G. An employee who is on unpaid leave of absence will not be eligible for holiday pay for a designated holiday observed during the leave of absence. 31H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, the employee must work their last full scheduled shift preceding the holiday and their first full scheduled shift after the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for date(s) absent. 31I. Employees who are scheduled to work on their normal day off due to a holiday, 16 without a seven (7) calendar day written notice of a schedule change, will be given an additional eight (8) hours off with pay to be used within 180 days of the day on which it was earned and to be scheduled with the approval from the employee’s Department Head or Division Manager. 31J. Holiday pay shall not be used in the computation of overtime. 32. VACATION LEAVE 32A. It is the policy of the City of Brookings to grant vacations with pay to provide regular full-time employees with periods of rest and recreation in recognition of services performed. Vacation leave for eligible employees for each vacation year is based upon length of service. 32B. Employees will accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 years of service - 10.00 hours per month After ten but less than 20 years of service - 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said vacation leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of vacation leave in a given month, the employee must work or use paid leave for at least 50% of the hours’ payable in the payroll month. 32C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the discretion of the Department Head or Division Manager. Employees may accumulate up to two hundred eighty (280) hours (35 days) of vacation. Cash payments in place of vacation privileges are not permitted unless the employee is discontinuing employment. 32D. The accrual date for vacation is the employee’s hire date. 32E. Employees may use accrued vacation during their probationary period, however, the employee may not use more hours than in vacation accrual balance. If employee leaves employment prior to the end of the introductory period, any vacation used during this period must be repaid to the City of Brookings. 32F. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 17 32G. Employees will not receive additional vacation time off due to illness of disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 32H. Requests for vacation leave must be approved by the employee’s Department Head or Division Manager prior to the time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests will normally be granted at the time requested by the employee, unless operational necessity requires full staff. 32I. Employees who are laid off or discharged, who resign or retire after giving two weeks’ notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro-rata basis according to the time worked during the current vacation year. 32J. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous or not recommended by local authorities. This l eave will be granted with the approval of the Department Head or Division Manager. 32K. Vacation will be granted on a first come - first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 32L. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Department Head or Division Manager directly for such determination. 33. SICK LEAVE 33A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 33B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to 260 days (2,080 hours) of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. 33C. After ten (10) years of service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours’ maximum accumulated sick leave. 18 33D. Requests for sick leave must be approved by the Department Head or Division Manager prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify their supervisor of their recovery. 33E. Sick leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said sick leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of sick leave in a given month, the employee must work or use paid leave for at least 50% of the hours’ payable in the payroll month. 33F. Accrued sick leave may be used during the employee’s probationary period. 33G. Sick leave shall be paid at the employee’s regular hourly rate, and employees may use sick leave in no less than one-fourth (1/4) hour increments. 33H. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 33I. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 33J. The accrual date for sick leave is the last working day of the month. 33K. Sick leave shall be granted to employees: 33K.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 33K.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 33K.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as 19 spouse, son or daughter, parent or spouse’s parent, brother or sister, grandchild, and dependent(s) residing in the employee’s home to include step- relatives in the same categories. After three consecutive sick days, the employee’s Department Head, Division Manager, and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 33K.4 when, through exposure to a contagious disease, the presence of the employee at their post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 34. SPECIAL LEAVE Leave with Pay The Department Head or Division Manager will grant a leave of absence with pay to regular full-time employees for the following reasons and with these restrictions applied: 34A. Funeral The City will permit any regular full-time employee to be absent from work without loss of pay, based on their regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral for a member of the immediate family or a relative. Pay shall be granted ten (10) hours for employees on ten (10) hour shifts and eight (8) hours for employees on eight (8) hour shifts, maximum forty (40) hour week plus authorized overtime. Additional time beyond the three days may be charged to the employee’s choice of benefit time at the discretion of the Department Head or Division Manager. Immediate family for bereavement leave includes: spouse, parents, children, siblings, grandparents, grandchildren, spouse’s parents, son-in-law, daughter-in-law, brother-in-law or sister-in-law. The bereavement benefit will also be granted for step-relatives in these same categories. In the event of a funeral of a family member not included within the relative or immediate family definition or a close friend, an employee may take a reasonable amount of time off with pay to be charged as vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. 34C. Jury or Court If any employee is called for jury duty, they shall continue to be paid at their regular rate. Upon returning to work, they shall reimburse the City for the 20 amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 34D. Firefighters and Honor Guard If any employee is called to a fire as a volunteer firefighter or required to serve as Honor Guard in the immediate Brookings area, they shall continue to be paid at their regular rate. 35. MILITARY LEAVE 35A. Regular full-time employees serving in the Military Reserve, S.D. Army National Guard, Air National Guard, or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City. If such service exceeds two (2) weeks, the City will not supplement the pay; however, there will be no loss of seniority, and employees may utilize vacation leave. In the event of a mandatory call up for a national or state emergency, differential pay will be paid for four (4) weeks. In the event an employee volunteers or it is deemed mandatory for temporary duty (TDY), differential pay will be compensated for up to five (5) working days. The above periods of times considered for differential pay will be per calendar year. Differential pay shall include quarters allowance, in addition to base pay. 35B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 36. MEDICAL LEAVE OF ABSENCE 36A. The City of Brookings and the Union agree to comply with guidelines set forth in the Family Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the law. 36B. A leave of absence for the birth of a child shall be treated as any other illness or temporary disability. 37. INJURY LEAVE An employee injured while on the job must promptly notify their Department Head, Division Manager, or supervisor. All medical and hospital expense shall be paid for in accordance with Worker’s Compensation and the City policy. The City policy in injury leave shall be to compensate the employee up to a maximum of 960 hours per injury, for those injuries which qualify for Workers Compensation lost time benefits, at the rate of pay they were making at the time of accident, less the amount they receive from Worker’s Compensation. Injury leave availability shall include return of leave for any other leave taken during the initial seven consecutive day waiting period. After the 960 hours per accident, the employee may elect to use accumulated sick leave and/or 21 vacation credits to continue receiving their full pay. Should the employee not elect such action or should they exhaust all accumulated credits, they may apply for disability under provisions of the Worker’s Compensation Act or the Retirement Fund. Once the employee is no longer receiving full compensation from the City, they will be eligible to receive compensation payable under the Worker’s Compensation Act in addition to eligible retirement benefits. All vacation, sick leave and holiday leave earned while on injury shall accrue at the employee’s regular rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s Compensation and/or results in lost time of less than seven consecutive days, the employee will be required to utilize sick, vacation, or leave without pay for those days which they are absent from work. Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor appointments, etc. once seven-day loss time requirement has been met. 38. LEAVE WITHOUT PAY 50A. Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the approval of their Department Head, Division Manager, Human Resources Director and City Manager and providing all vacation leave and/or sick leave has been exhausted. 39. TRAVEL The City of Brookings encourages management and non-management staff to attend and participate in professional meetings, training seminars, and educational courses. 39A. Employees who attend training outside of the department will be compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Department Head or Division Manager, based upon FLSA guidelines. 39B. Travel Expenses - Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by the City travel policy. Mileage will be paid in accordance with current City schedules. In no instance will the City travel rates be less than the South Dakota State rates. 40. VOLUNTEER FIRE DEPARTMENT TRAINING Regular full-time employees who are members of the Brookings Volunteer Fire Department may attend Fire Training Programs or schools if approved by the Department Head or Division Manager. Employees’ vacation time shall be used for these training programs or schools. Expenses and per diem allowances shall be paid by the Brookings Fire Department as provided in the Volunteer Fire Department Training Policy. In a fire emergency, regular full time employees who are members of the Brookings Volunteer Fire Department may request up to 15 work days off without pay per calendar year to assist other areas if appropriate documentation is presented to substantiate the need for the leave. Such time off would not affect the accrual of benefits for the month. 22 41. LICENSES AND CERTIFICATES 41A. The City of Brookings has established several positions which require a license or certificate as a minimum qualification. As a benefit to employees, the City will reimburse the employee for expenses and fees required to obtain a license or certificate. The City, however, will only reimburse costs for the first three (3) attempts at securing a license or certificate. 41B. City employees who attend license or certificate training sessions in excess of four (4) weeks in duration shall be required to sign a statement prior to attending the training, guaranteeing the City an additi onal two (2) years of service. Employees who fail to return a total of two (2) years of service shall reimburse the City a prorated share of the total cost. Cost of the training shall include transportation, room and board, and the cost of the training session. 42. BREAK TIME 42A. The lunch period is one (1) hour in length during an eight (8) hour working day, unless mutually agreed otherwise. The lunch period should be taken sometime midway through the employee’s work shift. The Department Head, Division Manager, and/or supervisor retains the right to schedule employee’s lunch and rest periods to fulfill the operational needs of the various work units. 42B. Rest breaks will be granted twice daily during 8 and 10-hour work shifts and three times daily for 12 hour work shifts at the Ice Arena for twenty (20) minutes each. Rest periods may not be accumulated for time off or used to leave work early. 43. MISCELLANEOUS 43A. Employees may maintain residence outside the city limits. 43B. Employees may request time off without pay after all benefit time (vacation, comp time, and sick leave) have been exhausted. 43C. Physical Fitness It shall be the responsibility of each employee to maintain the standards of physical fitness and condition required to perform their job. Whenever a Department Head or Division Manager suspects the physical condition of an employee is endangering their own health or the safety of their fellow workers, they may request the employee to submit to a medical examination by their physician without expense to the employee for the purpose of determining whether the physical condition of the employee may affect job performance of the employee or the safety of their fellow workers. 23 43E. Prescription Safety Eyeglasses Effective January 1, 2013, for those employees who wear prescription eyewear who perform jobs, duties, or tasks requiring eye protection, a program has been established in which those employees may request through their supervisor prescription safety glasses. The prescription safety glasses system shall meet the ANSI Z87 standards which include permanently mounted side shields. Employees may make their choice of frames from frames which meet this ANSI standard. The maximum allowable charges that the City will be responsible for in the purchase of this prescription safety eyewear are as follows: Single vision lens & frames: Maximum $285.00 Bifocal lens & frames: Maximum $305.00 Trifocal lens & frames: Maximum $315.00 Progressive or other special need lens & frames: Maximum $395.00 The City will assume only the cost of the glasses. Any testing or eye examinations associated with the glasses will be at the expense of the employee. Employees are eligible for a replacement set of prescription safety glasses once every 12 months, but only in circumstances in which a change is needed due to a prescription change. 44. UNIFORMS AND EQUIPMENT 44A. In positions requiring additional gear, it shall be provided for employees by the City. Employees are responsible to turn in worn-out clothing or defective equipment to their supervisor prior to being issued new replacements. 44B. For positions which have been predetermined by the Department Head or Division Manager to require safety boots/shoes, effective January 1, 2020, an allowance of $150.00 per calendar year will be provided to the employee for the purchase of safety boots/shoes. The $150.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the employee purchases the boots needed for their job, it will be the responsibility of the employee to furnish a copy of the actual receipt to their Department Head or Division Manager. The receipt will be used to track the actual amount of money used each year by employees for safety boots/shoes. 44C. Uniforms and equipment is a proper topic for committee for union management cooperation. 45. STANDBY TIME 24 45A. When any employee is designated to be on call or standby for a period of one (1) week, they shall receive, in addition to their regular salary, twenty dollars ($20.00) per day effective January 1, 2011, plus time and one half for any hours worked, while working standby. Employees scheduled to be on standby Saturday, Sunday or any scheduled holiday, shall receive twenty-five dollars ($25.00) for Saturday, Sunday, or any scheduled holiday effective January 1, 2011. They shall not be scheduled more often than three (3) each month on a rotation basis, unless the employees work under another arrangement, acceptable to the Department Head, Division Manager, and City Manager. If a standby service should fall on a regularly authorized holiday, the employee shall receive salary for that day in addition to the standby pay for that period. 45B. Employees on Standby are expected to be available for duty at any time in the same condition as would normally be expected of an employee for the performance of their duties. Individuals must be constantly available for contact by phone or by pager (with pager to be provided by the City) and are expected to report for duty within thirty (30) minutes barring unforeseen circumstances not within their control. 45C. When an employee is required to act as supervisor in charge of the Street Department due to the absence of the Street Superintendent, that individual will be compensated, in addition to their regular salary, a daily rate of thirty-five dollars ($35.00) per day on weekdays (Monday through Friday) effective January 1, 2011 and fifty dollars ($50.00) for weekends (Saturday and Sunday), and city recognized holidays effective January 1, 2011. 46. SHIFT DIFFERENTIAL 46A. Full-time employees scheduled to work between 6:00 P.M. and 7:00 A.M. shall be paid an additional eighty cents ($.80) for time worked between those hours. 46B. Full-time employees scheduled to work from 6:00 PM Friday until 7:00 A.M. on Monday and all hours worked during a city recognized holiday shall also receive the additional eighty cents ($0.80) per hour shift differential. 47. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours of work or two (2) hours pay in lieu of work. This minimum shall not appl y to work performed immediately before or immediately after an employee’s regular work shift. Department Head or Division Manager shall have the discretion of calling in the appropriate personnel based on the needs of the job. 48. HAZARDOUS PAY When an employee of the Forestry Department is trimming trees requiring the use of 25 aerial bucket and/or ropes, the removal of trees, or around overhead electrical distribution lines, or while operating a wood chipper or stump cutter; or an employee is required to work on the ground near the front end loader grappling forks; or an employee is required to work with the asphalt recycling unit, steamer, oilers or one air compressor operator during crack sealing in the Street Department, that employee shall, in addition to their regular pay, receive hazardous pay for all times spent in said hazardous duty of Two Dollars and Seventy-Five Cents ($2.75) per hour. Employees will also receive this hazardous pay during handling and/or clean-up of chemicals effective January 1, 2013; as well as paint striper operator, and loader operator with grapple hooks during spring clean-up, effective January 1, 2016. 49. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-half (1 1/2) or designate comp time upon approval of Department Head or Division Manager in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) hours. Use of comp time must be approved by the Department Head or Division Manager and may not result in overtime needing to be paid to cover a shift. 50. LONGEVITY 50A. Regular full-time employees shall be eligible for longevity pay based upon length of full-time continuous service with the City of Brookings. Length of service shall be the full number of years of service as of the hire date of the employee’s employment. Years of service must be continuous years of service. 50B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hours’ payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that their anniversary of continuous employment falls. 50C. The amount of longevity pay shall be at the rate of $6.00 per month per year with a cap of 30 years after completing five (5) years of continuous full-time employment. EXAMPLES: 5 years of employment $30.00 per month 8 years of employment $48.00 per month 10 years of employment $60.00 per month 51. WAGES (See Appendix A - attached) 51A. Employees will be eligible for a 1 – 4 % merit increase based on annual 26 performance review. Employees at the max of their wage range will not be eligible for a merit increase but will receive a one-time 1 – 4 % bonus payout based on their annual performance review. 51B. Only a Wage reopener will occur on an annual basis commencing prior to the City of Brookings budgeting process. 52. DEFINITIONS As used in this document, the following words and terms, unless the context clearly requires otherwise, shall have the meaning as indicated. 52A. Grade or Class of Positions - A group of positions sufficiently alike in duties, authority and responsibility to justify the same title, qualifications and schedule of pay to all positions in this group. 52B. Compensation - All forms of valuable consideration, including salaries or wages earned by or paid to any employee by reason of service in a position with the City. 52C. Demotion - An involuntary change in classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. (This definition shall not include down-grades.) 52D. Voluntary Reclassification - The voluntary classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. 52E. Relative - The employee’s grandparents, grandchildren, father-in-law, mother- in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, and members of the immediate family. Step relatives are also included in above classifications. 52F. Immediate Family - The employee’s spouse, parents, spouse’s parents, son or daughter, brother, sister, step-parents, step-brother, step-sister, step-children and/or legal guardian or ward. 52G. Discharge - The permanent involuntary separation of an employee from their position for cause. 52H. Employee - A person legally occupying a position with the City or on authorized leave of absence from such service. Elected officials and members of appointed Boards and Commissions shall not be considered as employees, nor shall the provisions of this document be applicable. 52I. Probationary Period - A working test period of six (6) months during which an 27 employee is required to demonstrate their fitness for the duties to which they are appointed by actual performance of the duties of the position. 52J. Promotion - A change in the position of an employee from one grade to a position in another grade having a higher maximum salary range. (This definition shall not include upgrades.) 52K. Transfer - The change of an employee from one position to another position in the same grade or another grade having the same maximum salary range, involving the performance of similar duties and requiring substantially the same basic qualifications. 52L. Hire Date - The hire date will be the date upon which an individual became a regular full-time employee. That date does not change with any changes of duties. If an individual is re-employed, only the date of their current re- employment shall serve as the official date of employment for all personnel transactions, except for employees who have re-employment rights due to layoff. 52M. Anniversary Date - The anniversary date is the date in which an individual becomes employed within a current job description. The anniversary date would not change unless there was a promotion or transfer during their employment. If a promotion was received within the same department, their anniversary date would change to the date in which the promotion was effective. The anniversary date would also change if they transferred from a position within one department to a different position within another department. There would be no change in the anniversary date in a situation in which an employee’s job description is re-evaluated due to a change in duties, etc. Under that circumstance, the anniversary date would remain at the date in which the employee entered their position. 52N. Reclassification - The change in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of existing assignments which causes a change in the class title of the position. 52O. Department Heads - Those persons appointed by the City Manager to manage and administer the work and personnel of their respective departments. They shall consist of the City Clerk, Community Development Director, Human Resources Director, Finance Manager, Liquor Store Manager, , Fire Chief, Parks, Recreation and Forestry Director, Public Works Director and Chief of Police. Also acting as Department Head is the City Librarian, who is appointed by the Library board. 52P. Division Managers – Those persons appointed by the City Manager to manage and administer the work and personnel of their respective divisions. They shall 28 consist of the Street Manager, City Engineer, and Solid Waste Manager. 53. DURATION 53A. This Agreement shall be in full force and effect from January 1, 2022, up to and including December 31, 2024, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 2024. The agreement will be opened annually for wages only thereafter, with negotiations commencing before the budget process each year. 53B. When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the current contract year, advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 City Manager Principle Officer/President Date Business Agent (James Heeren) Date 29 APPENDIX A OFFICIAL SALARY SCHEDULE AND COVERED POSITIONS GENERAL CONTRACT FOR 2022 Explanation of Schedule There is an open salary range for every position classified as a salary grade that defines the minimum and maximum salary for the position. Non-exempt employees’ hourly rate will be calculated by taking their annual salary divided by the number of worked hours in a year (2080). New employees will normally be hired at the minimum of the salary grade in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of six (6) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate their ability to perform their duties. If employee does not satisfactorily demonstrate their ability to perform their duties by the end of the probationary period, the employee may be terminated or the probationary period extended up to an additional six (6) months with a determination of pay increase held until the expiration of that extension. In accordance to this agreement and upon completion of the probationary period, the probationary employee may be reclassified to regular full-time. Covered Positions and Occupational List of Class Titles Management Supervisory Series This series consists of those positions having a combination of assigned management tasks and the responsibility of supervising full-time personnel. Title Grade Forestry Supervisor 25 Park Supervisor 25 Street Supervisor 25 Professional Series The positions in this series are distinguished by special requirements of education or training. They may be assigned management tasks and typically have a high degree of public contact. Title Grade Code Enforcement Officer 22 Building Inspector 24 Engineering and Storm Water Technician 24 Maintenance and Equipment Operator Series Positions allocated to this series have classifications and duties involving the maintenance of public streets, parks and require the operation and/or repair of specialized equipment. The series also includes Apprenticeship positions. Title Grade General Laborer 17 Sanitation/Solid Waste Collector 20 Airport Operations/Maintenance Technician 20 30 Park Technician 20 Forestry Technician 20 Street Maintenance Technician 20 Building Trades Technician 20 Advanced Equipment Operator- Streets, Landfill 21 Building Trades Specialist 23 Shop Supervisor/Mechanic 25 Heavy Equipment Operator- Streets, Landfill 23 City of Brookings Labor Contract 20221-20242 INDEX Article Title Page Article 51 ....................Absenteeism ................................................................................. 23 Article 2837 ....................Alcohol and Drug Abuse ......................................................... 135 ....................................Appendix A ................................................................................ 3034 Article 19 ....................Authority to Employ Personnel ...................................................... 7 Article 8 ......................Bonds .............................................................................................. 4 Article 4256 ....................Break Time ............................................................................ 2225 Article 911 ......................Bulletin Boards ............................................................................ 4 Article 1012 ....................Business Agents .......................................................................... 4 Article 4761 ....................Call-In ...................................................................................... 257 Article 67 ......................Check Off ....................................................................................... 3 Article 157 ....................Citizen’s Complaint ..................................................................... 67 Article 56 ......................Committee for Union - Management Co-Operation .................... 2 Article 4963 ....................Compensation Time ................................................................ 258 Article 5266 ....................Definitions ............................................................................... 269 Article 146 ....................Discharge or Suspension ............................................................... 6 Article 5367 ....................Duration ................................................................................ 2931 Article 55 ....................Educational Material ..................................................................... 25 Article 2938 ....................Employee Assistance Program ................................................ 135 Article 1923 ....................Employee Classification .............................................................. 9 Article 5 ......................Equal Employment Opportunity ..................................................... 2 Article 32 ....................Gifts and Gratuities ....................................................................... 13 Article 124 ....................Grievance Procedure .................................................................... 5 Article 4862 ....................Hazardous Pay ........................................................................ 258 Article 3141 ....................Holidays................................................................................... 156 Article 3749 ....................Injury Leave ............................................................................. 213 Article 2635 ....................Insurance ................................................................................ 124 Article 226 ....................Interim Pay Grade Changes ........................................................ 11 Article 3850 ....................Leave Without Pay .................................................................. 213 Article 79 ......................Liability Coverage ........................................................................ 34 Article 4154 ....................Licenses and Certificates ........................................................ 224 Article 5064 ....................Longevity ................................................................................. 258 Article 3 ......................Maintenance of Standards ............................................................. 1 Article 4 ......................Management Rights ...................................................................... 12 Article 346 ....................Medical Leave of Absence ........................................................ 202 Article 345 ....................Military Leave ........................................................................... 202 Article 4357 ....................Miscellaneous ......................................................................... 225 Article 28 ....................Organization/Association Membership ........................................ 12 Article 237 ....................Out-Of-Class Pay ....................................................................... 112 Article 29 ....................Outside Employment/Activity ...................................................... 12 Article 2433 ....................Pay Period ............................................................................. 1311 Article 20 ....................Personnel Records and Reports ...................................................... 7 Article 30 ....................Political Activity ............................................................................. 12 Article 47 ....................Professional Development and Educational Leave ...................... 22 Article 2125 ....................Promotions or Transfers ........................................................... 10 Article 31 ....................Public Relations ............................................................................. 13 Article Title Page Article 1 ......................Recognition ..................................................................................... 1 Article 135 ....................Reprimand ..................................................................................... 56 Article 2736 ....................Retirement ................................................................................ 134 Article 39 ....................Safety Policy .................................................................................. 16 Article 1822 ....................Seniority ...................................................................................... 8 Article 2 ......................Separability and Saving Clause ....................................................... 1 Article 204 ....................Separations ................................................................................. 10 Article 4660 ....................Shift Differential ........................................................................ 247 Article 343 ....................Sick Leave .................................................................................... 179 Article 344 ....................Special Leave ............................................................................... 1921 Article 4559 ....................Standby Time ............................................................................ 247 Article 810 ......................Stewards ..................................................................................... 34 Article 3040 ...................Storm Policy .............................................................................. 146 Article 2534 ....................Tax Deferred Annuities ............................................................. 123 Article 3952 ....................Travel ........................................................................................ 214 Article 4458 ....................Uniforms and Equipment .......................................................... 236 Article 1113 ....................Union Business and Representatives .......................................... 45 Article 342 ....................Vacation Leave ............................................................................ 168 Article 4053 ....................Volunteer Fire Department Training ........................................ 224 Article 5165 ....................Wages........................................................................................ 269 Article 168 ....................Work Rules .................................................................................... 7 Article 1721 ....................Work Week ................................................................................. 78 1 CITY OF BROOKINGS LABOR CONTRACT 202219 THIS AGREEMENT made and entered into this 1st day of January, 20221, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION The Employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: All regular full-time employees employed by the City of Brookings employed in the following departments, to-wit: Community Development, Engineering, Street, Parks, Recreation, Forestry, Library, Liquor Fire, and Solid Waste/Landfill, excluding all other city employees, department heads, supervisors and administrators as stipulatedas stipulated in Appendix A. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of the Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of the Agreement shall continue in force and effect. 3. MAINTENANCE OF STANDARDS 3A. The Employer agrees, subject to the following provisions, that all conditions of employment in his individual operation relating to wages, hours of work, overtime differentials and general working conditions shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved whenever specific provisions for improvement are made elsewhere in this Agreement. 3B. It is agreed that the provisions of this Article shall not apply to inadvertent or bona fide errors made by the Employer or the Union in applying the terms and conditions of this Agreement. Such bona fide errors may be corrected at any time. 3C. This provision does not give the Employer the right to impose or continue wages, hours or working conditions less than those contained in this Agreement. 2 4. MANAGEMENT RIGHTS The Union recognizes the prerogatives of the City Council and City Manager to operate and manage its affairs in all respects in accordance with its responsibility and powers of authority which the City has not officially abridged, delegated or modified by this Agreement, and such powers and authority are retained by the City. These management rights include, but are not limited to the following: 4A. To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train or retrain employees in positions with the City; to discipline/suspend, discharge or take other appropriate action against employees for just cause; 4B. To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 4C. To determine the objectives of the City and the methods and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); for purchase and utilization of equipment; and the utilization of seasonal and part time employees, as long as no full time employees are laid off; 4D. To provide reasonable standards and rules for employees; and 4E. To determine the method of fulfillment of the objectives of the City whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 4F. To determine daily staffing levels. 5. EQUAL EMPLOYMENT OPPORTUNITY The City of Brookings is an Equal Opportunity Employer and will not discriminate in the hiring process on the basis of his race, sex, religion, age, creed, color, sexual orientation, national origin, disability, political affiliation, marital or veteran status, or any other basis prohibited by state or federal law. The City will always endeavor to hire the best qualified applicant. The selection will be based on qualifications, skills, training, and attainment of Affirmative Action Goals and Priorities, as adopted by the City Council in the Affirmative Action Plan. 6.5. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 3 56A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either party. They also recognize that during such period more mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and non-management employees, if both the City and the Union continue to enlarge their respective efforts to gain a better appreciation and understanding of each otherseach other’s problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below. 56B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them, within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detractor detract from the provisions of this Agreement. In agreeing to such meetings, themeetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 56C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting the health, life and limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. 56D. The committee shall be composed of four (4) members designated by the Union and four (4) members designated by the City. Any recommendations must be adopted by a majority of the committee. 7.6. CHECK OFF Effective upon ratification, the Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, 4 initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the Citythe City and the Union. 8. BONDS Should the employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 9.7. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. 10.8. STEWARDS The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 810A. Investigation and presentation of grievances to Employer or the Employer representatives in accordance with the provisions of this Agreement. 810B. Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during work hours without loss of pay, provided that it does not interfere with the efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 11.9. BULLETIN BOARDS The employer agrees to provide space on its bulletin boards for Union business notices. Union space will be allocated. 12.10. BUSINESS AGENTS Authorized agents of the Union, after having notified the Department Head or Division Manager, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on-duty hours for the purpose of adjusting disputes, investigating work conditions, and ascertaining that the Agreement 5 is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 13.11. UNION BUSINESS AND REPRESENTATIVES 113A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 113B. Upon receiving forty-eight (48) hours noticehours’ notice, the City shall excuse all employees in the bargaining unit, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City. Off duty employees attending such meetings shall do so on their own time. 14.12. GRIEVANCE PROCEDURE 124A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. 124B. Employees are encouraged to attempt to resolve grievances with his or her supervisor. Failure to resolve grievance with the supervisor, employees are encouraged to attempt to resolve the grievance with the Department Head or Division Manager. 124C. Failure to resolve the grievance with the supervisor, Department Head, or Division Manager, the grievance shall be reduced to writing and submitted to the Human Resources Director and the Local Union within ten (10) calendar days following the day on which the grievance occurred or within ten (10) days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or union representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or her designee shall meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 124D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3-18-15.2. The appeal must be initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in 6 accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limits or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary action, the employee and/or the Union may elect to commence the grievance procedure at the level of the Department Head, Division Manager, or City Manager. 124E. Time limits may be extended by mutual agreement. 124F. The Union has the authority to abandon a grievance. 124G. Abandonment of a grievance shall not set a precedence. 15.13. REPRIMAND Any reprimand that can become part of an employee’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative present. 16.14. DISCHARGE OR SUSPENSION 146A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before he/shethey areis discharged or otherwise disciplined if the cause of such discharge is: 1. Dishonesty; 2. Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during their work shift. An employee will submit to a portable breath test if the presence of alcohol is suspected. In the event of a positive reading, the employee may, at their discretion, submit to a blood alcohol test, the expense of which is covered by the City if the test is negative and by the employee if the test is positive. The employee will submit to a urine drug screen if the presence of drugs is suspected. 3. Personal possession or use of illegal drugs while on duty; 4. Failure to report a serious accident or incident while on duty; 5. Insubordination; flagrant disregard of a lawful or reasonable order. 146B. It is understood that there are other offenses of extreme seriousness that an 7 employee will be discharged without a warning letter. Depending upon the circumstances and upon just cause, a lesser discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the City Manager, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. Warning notices shall be in effect for up to 12 months. 146C. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 17.15. CITIZEN’S COMPLAINT When a citizen makes a formal complaint against an employee, which such complaint might become part of that employee’s official record, such complaint shall be reduced to writing after a complete investigation has determined there may be possible merit or substance to the same. Such written complaint shall be delivered to the employee and the employee shall have the right to face his/hertheir accuser with the steward and/or representative of the Local Union present at such meeting. The Department Head or Division Manager shall also be present at the meeting. 18.16. WORK RULES The City of Brookings encourages and promotes a mutual respect between management and bargaining unit employees in the performance of their respective duties. Department general orders and, work rules and the department policy and procedure manual shall be reviewed by the City Manager and the Ddepartment Hhead or Division Manager to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. All Union comments on the proposed changes will be considered by the City Manager and the Ddepartment Hhead or Division Manager; however, the City Manager retains the right to adopt changes in the said orders, work rules and manual. This article is not intended to permit changes in specific provisions of the Agreement. Any disputes over reasonableness of work rules shall be subject to the grievance procedureArticle 5 (Committee for Union-Management Co-Operation). 19. AUTHORITY TO EMPLOY PERSONNEL 19A. Authority to employ individuals for all positions in the City service, except certain appointive positions as stipulated in the City Charter is vested in the City Manager. 19B. Supervision - Individuals will not be assigned to a department which will require them to be supervised or evaluated by immediate family members. 20. PERSONNEL RECORDS AND REPORTS 8 20A. All personnel files are to be maintained by the respective department heads in a secure, locked file cabinet in the Human Resources office. Employees are encouraged to periodically review and comment on their personnel records. Review of personnel files must be completed in the presence of the Human Resources Officer or their designated representative. ALL PERSONNEL FILES AND INFORMATION THEREIN ARE CONFIDENTIAL. 21.17. WORK WEEK 1721A. The normal working day for municipal employees shall be consecutive hours and the work week shall consist of forty (40) hours. Flexible schedules shall be set or approved by the Department Head or Division Manager. 1721B. Employees shall be paid for all time spent in the employ of the Employer. 1721C. Employees shall be compensated at the rate of time and one-half for all hours required to work prior to and/or beyond scheduled shift; on a scheduled day off; or in excess of forty (40) hours per week. Overtime will not be paid, however, for changes made to an employee’s normal weekly work schedule to include days off or shift when seven (7) calendar days advance written notice is given to the employee, unless changes to the schedule result in actual work hours in excess of 40 per week. However, seven (7) calendar days advance notice does not need to be given in the event of an emergency which is defined as an unforeseen combination of circumstances that calls for immediate action as determined by the Ddepartment Hhead, Division Manager, or his their designee. In that event, the employee shall be paid at a rate of time and one-half for all hours required to work outside of their regular shift for emergencies and/or unforeseen circumstances. Employee requests to deviate from their normal workweek/day does not need seven-day advanced notice if approved by their supervisor. Daily overtime will not be awarded if the day is adjusted to meet the employee’s request. This request will be adjusted in the appropriate timekeeping system. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other benefit leave, will not be used in the computation of overtime.Only hours physically worked will be considered for the purposes of calculating overtime. Overtime will not be allowed without approval of the Department Head or Division Manager or other supervisor as designated. 1721D. Overtime shall not be pyramided. 1721E. Employees shall be allowed to trade shifts if it is approved by the shift 9 supervisor.Department Head or Division Manager. 1721F. Part-time and seasonal employees shall be scheduled as needed, not to reduce full-time employees below the normal scheduled work week. 22.18. SENIORITY 1822A. Seniority rights for employees shall prevail. 1822B. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the bargaining unit. Current established seniority lists as of 12/30/97 shall not be modified or changed, but with respect to the contract language of January 1, 1999, definitions consistent with the seniority article shall prevail. 1822C. On January 1 of each year, the Employer shall post a current seniority list and shall submit a copy to the Union. 1822D. Seniority and employment relationship shall terminate when an employee: 1. Quits; 2. Is discharged for just cause; 3. Is retired. 1822E. Department seniority shall govern layoff and recall. In the event of a layoff, the last employee hired in each affected Department, shall be laid off first as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective departments. 1822F. A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks noticeweeks’ notice of separation or shall be paid for the two (2) weeks following the notice of layoff. Part-time and seasonal employees shall be laid off first provided they are doing comparable duties in the same department. 1822G. Seniority will continue to accumulate for any employee who is drafted into the Armed Forces of the United States, or who volunteers during a period of national emergency, for the period of his/hertheir service, and for ninety (90) days thereafter, if he/shethey received an honorable discharge. 1822H. Employees who are injured and are covered by Workers’ Compensation shall continue to accumulate seniority during their absence. 1822I. The City of Brookings shall grant re-employment rights to employees who have been laid off. Employees who are discharged, resign, or retire, shall forfeit re- employment rights. Employees who have been laid off shall be granted re- employment rights for a period of six (6) months in the classification they previously held. When re-employing personnel with seniority rights, such rights 10 shall prevail. Re-employed individuals who have been laid off shall retain seniority and all accumulated benefits. Such benefits may not be accrued during the layoff period. 23.19. EMPLOYEE CLASSIFICATION 1923A. Regular Full-time Employees - Employees who work a minimum of thirty-twoforty (3240) hours per normal work week and are not designated as probationary or temporary shall be defined as “regular full-time”. This classification will entitle employees to all rights and benefits on a pro-rated basis. Time served on a probationary status shall be considered as regular full-time, when the employee is so classified. 1923B. Probationary Employee - Probationary employees are newly hired employees and shall be considered on a “probationary” status for a period of six (6) months following their initial date of employment. Upon completion of not more than six (6) months of satisfactory performance such employees shall be classified as regular full-time. A probationary employee shall be subject to layoff, discipline, or discharge at the sole discretion of the City. After an employee has satisfactorily completed the probationary period, seniority will be established as of his/hertheir employment date. 2193B.1 The probationary period is established for the purpose of evaluating the performance of and manner in which each new employee adjusts to his/hertheir work. If an employee is granted leave during their probationary period and said leave exceeds one week, then employee’s probationary period shall be extended by an amount at least equal to the term of their leave. If, for any reason, the employee is found to be unsatisfactory in his/hertheir performance or attendance during the probationary period, the employee may be terminated. The “Probationary Employee Progress Report” form shall be completed two weeks before the probationary period ends in order to document the reason(s) for termination. Managers will utilize the Probationary Employee Progress Report to review each new employee’s performance and progress. The employee’s work performance, attitude, attendance, ability to follow instructions, and other factors which cause him/her to be successful on the job must be carefully reviewed before the employee is classified as a regular full- time employee. A probationary employee’s performance can be reviewed as often as necessary during the probationary period. The City Manager reserves the right to extend the probationary period of an employee up to a maximum of six (6) additional months. 1923C. Acting - When a vacancy occurs in a position which cannot be left vacant for the length of time anticipated, when no suitable list of approved candidates exists for its filling, or for some other reason it is not feasible to make a permanent 11 appointment thereto, the Department Head or Division Manager may appoint an employee to an “acting” capacity. The duration of such acting appointment shall be only until a permanent appointment can reasonably be made. The employee shall receive the wages of the vacant position. 24.20. SEPARATIONS 2024A. Layoffs - In the event a cutback becomes necessary, City Manager will first determine what positions should be eliminated, and will notify the affected employees/union in writing. 2024A.1 A regular full-time employee who is laid off through a reduction in force, shall receive two (2) weeks noticeweeks’ notice of separation or shall be paid for the two (2) weeks following the notice of layoff. 25.21. PROMOTIONS OR TRANSFERS 215A. An employee may request a transfer from a position or Department to another position or Department within the bargaining unit. Such a request need not be in the nature of a promotion. Requests for transfer must first be made to an employee’s immediate supervisor and to the Department Head or Division Manager. 215B. A performance appraisal will be conducted prior to the end of 10 days in the new position. During the ten (10) day trial period, the employee shall have the opportunity to revert to his their previous position. If the employee is unsatisfactory in the new position (in the opinion of the Employer), notice and reasons will be submitted to him in writing by the Employer with a copy to the Union. The matter may then become a proper subject for the grievance procedure. Benefits/seniority accumulated by the person transferring shall be retained by that individual. 215C. Inter-departmental transfers of employees for a short duration for City convenience may be made at any time at the discretion of the City Manager, providing the employee is informed of the need and expected duration of the transfer and it does not affect pay. 215D. Inter-departmental transfers of employees shall be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 215E. Whenever possible, new and vacant positions will be filled from within the City by promoting qualified employees in accordance with the following: 215E.1 Promotions/transfers shall be made on the basis of seniority, skills, 12 ability, qualifications, and job performance. If skills, ability, qualifications, and job performance, are relatively equal, then seniority shall be the determining factor. 215E.2 In accordance with this article, promotions must be approved by the City Manager. 215F. All regular full-time job vacancies shall be posted on the City bulletin boardsof Brookings website. The City shall promote or transfer present employees to such vacancy provided the employee meets the above criteria. Any employee denied a promotion under this Article shall be given the reasons for such denial in writing and may be appealed under the grievance procedure. 26.22. INTERIM PAYRATECHANGES During the term of the contract, any proposed changes within the bargaining unit that substantially affect an employee’s duties and responsibilities shall be submitted to the Union. The City and the Union shall determine if the additional duties and responsibilities warrant a pay rate change, and if so, establish the appropriate rate forrate for the position. 27.23. OUT OF CLASS PAY An employee that works in a higher pay classification for a period of two (2) consecutive weeks or longer shall receive the higher rate of pay for all time served in said higher pay classification job excluding the first week. While assigned to such duties, the employee shall be paid the entry level rate for working in that classification or at a rate that would allow for a rate increase above his/hertheir current rate of pay. 28. ORGANIZATION/ASSOCIATION MEMBERSHIP The City of Brookings encourages employees to belong to organizations or associations that will assist them in performing their work. 29. OUTSIDE EMPLOYMENT/ACTIVITY 29A. Holding a second job elsewhere is subject to critical appraisal only if it conflicts with the full performance of the employee and the interests of the City. The City Manager and Department Head should be informed of the outside employment. 29B. Employees shall not engage in outside activities while on duty. City employees shall not participate in any activity or enterprise which is contrary to the Conflict of Interest ordinance adopted by the City Council or inconsistent, incompatible, or in conflict with the duties and responsibilities of their position. The City Manager shall make the ultimate determination as to whether or not a specific activity is prohibited. 13 30. POLITICAL ACTIVITY 30A. Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted to points 30B.1, 30B.2, 30B.3 and 30B.4 as provided below. In all cases, activities must be in compliance with the Conflict of Interest ordinance as adopted by the City Council. Failure to comply with this provision may result in disciplinary action against the violator. 30B. Any officer or employee of the City of Brookings, whether elected or appointed, may seek any political office while employed by the City, provided: 30B.1 that said officer or employee may not seek any political office or actively campaign for any political office until after having submitted in writing to the City Manager, their intention to seek a political office; 30B.2 that said officer or employee never campaign in any manner whatsoever during hours of employment; 30B.3 that it is mandatory that said officer or employee take a leave of absence for no less than fourteen (14) days nor more than thirty (30) days prior to any election for position that would require the termination of said employee’s employment if he/she is successful in the election. Of that leave time, the employee may take two (2) weeks of vacation leave. Any amount in excess of two weeks must be taken as leave without pay; and 30B.4 an employee of the City of Brookings may not campaign on behalf of any candidate for City Council. This does not preclude an employee from running for City Council as long as that employee adheres to Item 33B.3 above. 30C. Any employee elected to a position on the City of Brookings City Council will resign their position with the City prior to being sworn in on the Council. 31. PUBLIC RELATIONS All City employees are expected to maintain high standards of conduct and cooperation in their duties for the City. The City feels an employee accepts an additional responsibility to his/her community by accepting a position in municipal government, and urges our employees to act accordingly when off the job. 32. GIFTS AND GRATUITIES As is outlined in the Conflict of Interest ordinance adopted by the City Council, it is the policy of the City of Brookings that employees are prohibited from soliciting or accepting any rebate money, or costly entertainment, gift or gratuity (except memento and novelties of nominal value) from any person, company, firm, or corporation, in the hope or expectation of receiving a favor or better treatment than that accorded other 14 persons. 33.24. PAY PERIOD 2433A. All employees covered in this Agreement shall be paid in the same manner as all other city employees are paid, on a monthly pay period. 2433B. The City is required to deduct the following items from an employee’s pay: 2433B.1 Retirement contributions 2433B.2 Additional deductions may be made for the following: a. Insurance - life, health, dental, and vision b. Credit Union c. Annuities d. Retirement (spouse option) contributions e. Union dues, application fees and assessments e.f. Garnishments, child support, or other payroll deductions required by law 34.25. TAX DEFERRED ANNUITIES The City of Brookings offers a payroll deduction Tax Deferred Annuity Program for all employees. This is an investor directed, professionally managed annuity. The entire cost is paid by the employee, but reduces the employee’s gross income for tax withholding purposes. This can be a retirement and tax saving program for employees. 35.26. INSURANCE 2635A. The City of Brookings offers insurance coverage to all regular full-time employees. Group health, dental, vision, accident, and life insurance is available for all qualified employees. The City of Brookings pays 75% of the total cost of group health for individual or family coverage for all employees; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hourshours’ payable in the payroll month. 2635B. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System (SDRS) retirement benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full-time hire date of January 1, 2010 and 15 thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 2635C. If any employee, including Fire and Police, isemployee is covered under the City health insurance plan either by spouse or dependent coverage, they would not be permitted to be covered by an individual policy also with the City. 2635D. Employees on leave of absence without pay may make arrangements for continued coverage. 35E. City employees also have the opportunity to secure individual policies for cancer and intensive care insurance at a group rate. The entire cost of this optional policy must be paid for by the employee. 36.27. RETIREMENT The City of Brookings is a member of the South Dakota Retirement System. Participation is mandatory and will be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. Termination of employment will also be administered in accordance with the policies and procedures as outlined by the South Dakota Retirement System. 37.28. ALCOHOL AND DRUG ABUSE 2837A. The municipality is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as handicapped under federal law. An employee may be considered handicapped if that employee’s current use of alcohol or drugs does not prevent the individual from performing the duties of the job in question, or whose employment would not cause a direct threat to property or safety.The City complies with the terms and protections of the Americans with Disabilities Act, including working cooperatively with employees who meet the definition of being a “qualified person with a disability” to identify and provide reasonable accommodations where necessary for the performance of the essential functions of the job. This includes qualified employees who have been diagnosed with alcohol use disorder and whose alcohol does not adversely affect their job performance or conduct or pose an unreasonable safety risk as determined by the City. The City does not tolerate the use by 16 employees of illegal drugs, and such conduct will result in discharge from employment with the City. 2837B. Department Heads, Division Managers, and supervisors shall not physically search employees. 2837C. Department Heads, Division Managers, and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription. 38.29. EMPLOYEE ASSISTANCE PROGRAM 2938A. It is the policy of the City to help employees experiencing behavioral/medical problems which not only affect their personal lives but often result in poor job performance. The City recognizes alcohol/drug abuse and addiction and other medical behavioral problems as treatable illnesses. The City also recognizes that other mental conditions can be successfully treated 2938B. Confidentiality is one of the most important aspects of the program. If the employee contacts the EAP directly, no one in the Company will know about it, unless the employee tells them. Participation in the Employee Assistance Program will not jeopardize the employee’s job security nor will it affect future promotional opportunities. If an employee’s supervisor refers him/herthem, the EAP counselor will let the supervisor know if the employee has kept the appointment, and whether he/she they haves agreed to accept the help that was offered. No information concerning the nature of the problem will be released without the employee’s written consent. With this policy, any employee who suspects that he/she hasthey have an alcohol, mental health or drug problem, even in its early stages, is encouraged to seek diagnosis and follow through with the prescribed treatment as necessary. 2938C. There is no charge for the initial assessment. The City will incur such expenses for treatment and/or hospitalization as provided under the group health insurance program. However, if costs are incurred for rehabilitation services that are not covered by insurance or other benefits, such costs will be the responsibility of the employee. 39. SAFETY POLICY 39A. Seat Belts The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or equipment with seat belts and/or harness. 40.30. STORM POLICY 3040A. Prior to the occurrence of inclement weather, the City Manager and Department 17 Heads or Division Managers will identify those positions and employees that are essential to carry on the City operations and who must be present at work during a storm. Those employees will be required to report for work via their own means of transportation or City provided transportation. 3040B. Employees who are not identified as being essential to carry on operations shall have the option of “working or not working”. Those that work must utilize their own means of transportation. 3040C. Employees who choose not to work or are unable to work their regular scheduled shift due to inclement weather will have to utilize vacation leave or leave of absence without pay. Employees whose absence is four hours or less will have the option of making up the time not worked. 3040D. Due to work load or such other conditions as may warrant, the City Manager, or Department Heads, or Division Managers may identify additional employees who were not initially identified as an essential employee. Department Heads or Division Managers may use discretion in calling in additional employees and such employees will be provided transportation and will be compensated at their regular rate of pay. 3040E. Interdepartmental transfers of employees may be made in the event of a disaster, such as an ice storm, tornado or any other emergency. 41.31. HOLIDAYS 341A. It is the policy of the City of Brookings to afford all regular full-time employees ten (110) paid holidays each year. The City recognizes the following holidays: New Year’s Day Martin Luther King, Jr. Day Presidents’ Day Memorial Day Juneteenth Independence Day DayLabor Day Native Americans’ Day Veterans’ Day Thanksgiving Day Christmas Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. All allowed holiday pay shall be defined as eight (8) hours of compensation to be used based on employee’s regular rate of pay and cannot be used in less than 8 18 hour increments. 341B. If the designated holiday falls on a Saturday, the preceding Friday is observed, and if the designated holiday falls on Sunday, the following Monday is observed (except for shift workers). 341C. Employees scheduled to work on any one of the 110 above listed holidays will be paid time and one-half for the number of hours actually worked as well as 8 hours of Holiday Pay to cover the payment of the above benefit. 341D. If an employee is on a scheduled day off when a holiday is observed, the employee will be given an alternate day off in honor of the specific holiday within 180 days from the date of the holiday. Payment for the 8 hours of holiday pay will be given at that time. 341E. An employee on vacation during a holiday will receive holiday pay and will not be charged for that day as vacation. 341F. An employee who is on paid leave of absence will be eligible for holiday pay for a designated holiday observed during the leave of absence. 341G. An employee who is on unpaid leave of absence will not be eligible for holiday pay for a designated holiday observed during the leave of absence. 341H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, the employee must work their last full scheduled shift preceding the holiday and their first full scheduled shift after the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for date(s) absent. 341I. Employees who are scheduled to work on their normal day off due to a holiday, without a seven (7) calendar day written notice of a schedule change, will be given an additional eight (8) hours off with pay to be used within 180 days of the day on which it was earned and to be scheduled with the approval from the employee’s Ddepartment Hhead or Division Manager. 341J. Holiday pay shall not be used in the computation of overtime. 42.32. VACATION LEAVE 342A. It is the policy of the City of Brookings to grant vacations with pay to provide regular full-time employees with periods of rest and recreation in recognition of services performed. Vacation leave for eligible employees for each vacation 19 year is based upon length of service. 342B. Employees will accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 years of service - 10.00 hours per month After ten but less than 20 years of service - 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said vacation leave shall not be available to employees until after it has been earned and credited. In order to earn the accrual of vacation leave in a given month, the employee must work or use paid leave for at least 50% of the hourshours’ payable in the payroll month. 342C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the discretion of the Department Head or Division Manager. Employees may accumulate up to two hundred eighty (280) hours (35 days) of vacation. Cash payments in place of vacation privileges are not permitted unless the employee is discontinuing employment. 342D. The accrual date for vacation is the employee’s hire date. 342E. Employees may use accrued vacation during their probationary period, however, the employee may not use more hours than in vacation accrual balance. If employee leaves employment prior to the end of the introductory period, any vacation used during this period must be repaid to the City of Brookings. 342F. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 342G. Employees will not receive additional vacation time off due to illness of disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 342H. Requests for vacation leave must be approved by the employee’s Department Head or Division Manager prior to the time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests will normally be granted at the time requested by the employee, unless operational necessity requires full staff. 342I. Employees who are laid off or discharged, who resign or retire after giving two week’s noticeweeks’ notice to the City, or who are called to military service, 20 shall receive payment of such vacation time as is due them, computed on a pro-rata basis according to the time worked during the current vacation year. 342J. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous or not recommended by local authorities. This leave will be granted with the approval of the Department Head or Division Manager. 342K. Vacation will be granted on a first come - first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 342L. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Department Head or Division Manager directly for such determination. 43.33. SICK LEAVE 343A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 343B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to 260 days (2,080 hours) of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. 343C. After ten (10) years of service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hourshours’ maximum accumulated sick leave. 343D. Requests for sick leave must be approved by the Department Head or Division Manager prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify his/hertheir supervisor of his/hertheir recovery. 343E. Sick leave shall be earned and credited to employees on the last day of each month, provided all other necessary provisions of this article have been met. Said sick leave shall not be available to employees until after it has been earned and credited. 21 In order to earn the accrual of sick leave in a given month, the employee must work or use paid leave for at least 50% of the hourshours’ payable in the payroll month. 343F. Accrued sick leave may be used during the employee’s probationary period. 343G. Sick leave shall be paid at the employee’s regular hourly rate, and employees may use sick leave in no less than one-fourth (1/4) hour increments. 343H. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 343I. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 343J. The accrual date for sick leave is the last working day of the month. 343K. Sick leave shall be granted to employees: 343K.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 343K.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 343K.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, grandchild, and dependent(s) residing in the employee’s home to include step- relatives in the same categories. After three consecutive sick days, the employee’s Ddepartment Hhead, Division Manager, and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 343K.4 when, through exposure to a contagious disease, the presence of 22 the employee at his/hertheir post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 43K.5 for up to five (5) working days of paid sick leave for the adoption of a child and for the father employee of newborn child(ren) to assist with care and/or delivery. If employee is eligible for the provisions of the Family and Medical Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual, however, must be used to cover additional FMLA leave period. 44.34. SPECIAL LEAVE Leave with Pay The Department Head or Division Manager will grant a leave of absence with pay to regular full-time employees for the following reasons and with these restrictions applied: 344A. Funeral The City will permit any regular full-time employee to be absent from work without loss of pay, based on his/hertheir regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral for a member of the immediate family or a relative. Pay shall be granted ten (10) hours for employees on ten (10) hour shifts and eight (8) hours for employees on eight (8) hour shifts, maximum forty (40) hour week plus authorized overtime. Additional time beyond the three days may be charged to the employee’s choice of benefit time vacation or sick leave at the discretion of the Department Head or Division Manager. Immediate family for bereavement leave includes: spouse, parents, children, siblings, grandparents, grandchildren, spouse’s parents, son-in-law, daughter-in-law, brother-in-law or sister-in-law. The bereavement benefit will also be granted for step-relatives in these same categories. In the event of a funeral of a family member not included within the relative or immediate family definition or a close friend, an employee may take a reasonable amount of time off with pay to be charged as vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. 44B. Voting Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent him/her from voting before or after regular working hours. 344C. Jury or Court If any employee is called for jury duty, he/she shallthey shall continue to be paid at his/hertheir regular rate. Upon returning to work, he/shethey shall 23 reimburse the City for the amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 344D. Firefighters and Honor Guard If any employee is called to a fire as a volunteer firefighter or required to serve as Honor Guard in the immediate Brookings area, he/shethey shall continue to be paid at his/hertheir regular rate. 45.35. MILITARY LEAVE 345A. Regular full-time employees serving in the Military Reserve, S.D. Army National Guard, Air National Guard, or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City. If such service exceeds two (2) weeks, theweeks, the City will not supplement the pay; however, there will be no loss of seniority, and employees may utilize vacation leave. In the event of a mandatory call up for a national or state emergency, differential pay will be paid for four (4) weeks. In the event an employee volunteers or it is deemed mandatory for temporary duty (TDY), differential pay will be compensated for up to five (5) working days. The above periods of times considered for differential pay will be per calendar year. Differential pay shall include quarters allowance, in addition to base pay. 345B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 46.36. MEDICAL LEAVE OF ABSENCE 346A. The City of Brookings and the Union agree to comply with guidelines set forth in the Family Medical Leave Act (FMLA) of 1993 as well as any subsequent amendments and/or modifications to the law. 346B. A leave of absence for the birth of a child shall be treated as any other illness or temporary disability. 47. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Department Head, with the approval of the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period 24 of two (2) months for each month of educational leave taken. An employee requesting to attend college classes which may interfere with the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 49.37. INJURY LEAVE An employee injured while on the job must promptly notify his/hertheir Department Head, Division Manager, or supervisor. All medical and hospital expense shall be paid for in accordance with Worker’s Compensation and the City policy. The City policy in injury leave shall be to compensate the employee up to a maximum of 960 hours per injury, for those injuries which qualify for Workers Compensation lost time benefits, at the rate of pay he/shethey wereas making at the time of accident, less the amount he/she they receives from Worker’s Compensation. Injury leave availability shall include return of leave for any other leave taken during the initial seven consecutive day waiting period. After the 960 hours per accident, the employee may elect to use accumulated sick leave and/or vacation credits to continue receiving his/her fulltheir full pay. Should the employee not elect such action or should he/she they exhaust all accumulated credits, he/shethey may apply for disability under provisions of the Worker’s Compensation Act or the Retirement Fund. Once the employee is no longer receiving full compensation from the City, he/shethey will be eligible to receive compensation payable under the Worker’s Compensation Act in addition to eligible retirement benefits. All vacation, sick leave and holiday leave earned while on injury shall accrue at the employee’s regular rate. In the event the employee incurs an on the job injury which does not qualify for Worker’s Compensation and/or results in lost time of less than seven consecutive days, the employee will be required to utilize sick, vacation, or leave without pay for those days which they are absent from work. Employees may use injury leave in no less than one-fourth (1/4) hour increments for doctor appointments, etc. once seven dayseven-day loss time requirement has been met. 50.38. LEAVE WITHOUT PAY 50A. Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the approval of their Department Head,d Division Manager, Human Resources Director and City Manager and providing all vacation leave and/or sick leave has been exhausted. 51. ABSENTEEISM 51A. Employment is a matter of mutual agreement. In return for offering a reasonably reliable income, the City is entitled to reasonably reliable performance. The City has the right to expect that employees will be present, ready to work, when and where they are assigned. 25 51B. Employees who are absent from work shall be responsible for notifying their supervisor when they are absent and when they will report back to work. Disciplinary action shall be taken if employees fail to comply with City rules. 51C. Absence of any City employee that is not authorized shall be without pay. Any employee who absents himself/herself for three (3) consecutive days without leave shall be deemed to have resigned. 51D. Departure from assigned work schedules must be requested and approved in advance by the employee’s immediate supervisor. 52.39. TRAVEL The City of Brookings encourages management and non-management staff to attend and participate in professional meetings, training seminars, and educational courses. 3952A. Employees who attend training outside of the department will be compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Department Head or Division Manager, based upon FLSA guidelines. 3952B. Travel Expenses - Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by the City travel policy. Mileage will be paid in accordance with current City schedules. In no instance will the City travel rates be less than the South Dakota State rates. 53.40. VOLUNTEER FIRE DEPARTMENT TRAINING Regular full-time employees who are members of the Brookings Volunteer Fire Department may attend Fire Training Programs or schools if approved by the Department Head or Division Manager. Employees’ vacation time shall be used for these training programs or schools. Expenses and per diem allowances shall be paid by the Brookings Fire Department as provided in the Volunteer Fire Department Training Policy. In a fire emergency, regular full time employees who are members of the Brookings Volunteer Fire Department may request up to 15 work days off without pay per calendar year to assist other areas if appropriate documentation is presented to substantiate the need for the leave. Such time off would not affect the accrual of benefits for the month. 54.41. LICENSES AND CERTIFICATES 4154A. The City of Brookings has established several positions which require a license or certificate as a minimum qualification. As a benefit to employees, the City will reimburse the employee for expenses and fees required to obtain a license or certificate. The City, however, will only reimburse costs for the first three (3) 26 attempts at securing a license or certificate. 4154B. City employees who attend license or certificate training sessions in excess of four (4) weeks in duration shall be required to sign a statement prior to attending the training, guaranteeing the City an additional two (2) years of service. Employees who fail to return a total of two (2) years of service shall reimburse the City a prorated share of the total cost. Cost of the training shall include transportation, room and board, and the cost of the training session. 55. EDUCATIONAL MATERIAL The City of Brookings is interested in keeping employees up-to-date on the latest technical advances. Therefore, educational material that is available and will assist City employees in performing their job duties may be purchased by the City. 58.42. BREAK TIME 4256A. The lunch period is one (1) hour in length during an eight (8) hour working day, unless mutually agreed otherwise. The lunch period should be taken sometime midway through the employee’s work shift. The Ddepartment Head, Division Mmanager, and/or supervisor retains the right to schedule employee’s lunch and rest periods to fulfill the operational needs of the various work units. 4256B. Rest breaks will be granted twice daily during 8 and 10 hour10-hour work shifts and three times daily for 12 hour work shifts at the Ice Arena for twenty (20) minutes each. Rest periods may not be accumulated for time off or used to leave work early. 59.43. MISCELLANEOUS 4357A. Employees may maintain residence outside the city limits. 4357B. Employees may request time off without pay.Employees may request time off without pay after all benefit time (vacation, comp time, and sick leave) have been exhausted. 4357C. Physical Fitness It shall be the responsibility of each employee to maintain the standards of physical fitness and condition required to perform his/hertheir job. Whenever a Department Head or Division Manager suspects the physical condition of an employee is endangering his/hertheir own health or the safety of his/hertheir fellow workers, he/shethey may request the employee to submit to a medical examination by his/hertheir physician without expense to the employee for the purpose of determining whether the physical condition of the employee may affect job performance of the employee or the safety of his/hertheir fellow workers. 27 57C.1. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00, at a locally accredited wellness/fitness center. To be eligible for reimbursement, the employee must present proof of attendance of an average of two (2) times per week or eight (8) times per month during that month which is to be reimbursed. The City will not participate in any way in initiation fees. 57D. Degree of Illness or Injury Employees shall be responsible for reporting to their Department Head or Supervisor any diagnosed illness or injury that may affect their job performance or the safety of his/her fellow workers. 4357E. Prescription Safety Eyeglasses Effective January 1, 2013, for those employees who wear prescription eyewear who perform jobs, duties, or tasks requiring eye protection, a program has been established in which those employees may request through their supervisor prescription safety glasses. The prescription safety glasses system shall meet the ANSI Z87 standards which include permanently mounted side shields. Employees may make their choice of frames from frames which meet this ANSI standard. The maximum allowable charges that the City will be responsible for in the purchase of this prescription safety eyewear are as follows: Single vision lens & frames: Maximum $285135.00 Bifocal lens & frames: Maximum $155305.00 Trifocal lens & frames: Maximum $165315.00 Progressive or other special need lens & frames: Maximum $245395.00 The City will assume only the cost of the glasses. Any testing or eye examinations associated with the glasses will be at the expense of the employee. Employees are eligible for a replacement set of prescription safety glasses once every 12 months, but only in circumstances in which a change is needed due to a prescription change. 60.44. UNIFORMS AND EQUIPMENT 4458A. In positions requiring additional gear, it shall be provided for employees by the City. Employees are responsible to turn in worn-out clothing or defective equipment to their supervisor prior to being issued new replacements. 4458B. For positions which have been predetermined by the Department Head or Division Manager to require safety boots/shoes, effective January 1, 2020, an 28 allowance of $150.00 per calendar year will be provided to the employee for the purchase of safety boots/shoes. The $150.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the employee purchases the boots needed for his/hertheir job, it will be the responsibility of the employee to furnish a copy of the actual receipt to his/hertheir Ddepartment Head or Division Manager director. The receipt will be used to track the actual amount of money used each year by employees for safety boots/shoes. 4458C. Uniforms and equipment is a proper topic for committee for union management cooperation. 61.45. STANDBY TIME 4559A. When any employee is designated to be on call or standby for a period of one (1) week, he they shall receive, in addition to his their regular salary, twenty dollars ($20.00) per day effective January 1, 2011, plus time and one half for any hours worked, while working standby. Employees scheduled to be on standby Saturday, Sunday or any scheduled holiday, shall receive twenty-five dollars ($25.00) for Saturday, Sunday, or any scheduled holiday effective January 1, 2011. He/sheThey shall not be scheduled more often than three (3)once each month on a rotation basis, unless the employees work under another arrangement, acceptable to the Ddepartment Hhead, Division Manager, and City Manager. If a standby service should fall on a regularly authorized holiday, the employee shall receive salary for that day in addition to the standby pay for that period. 4559B. Employees on Standby are expected to be available for duty at any time in the same condition as would normally be expected of an employee for the performance of their duties. Individuals must be constantly available for contact by phone or by pager (with pager to be provided by the City) and are expected toexpected to report for duty within thirty (30) minutes barring unforeseen circumstances not within their control. 4559C. When an employee is required to act as supervisor in charge of the Street Department due to the absence of the Street Superintendent, that individual will be compensated, in addition to his their regular salary, a daily rate of thirty- five dollars ($35.00) per day on weekdays (Monday through Friday) effective January 1, 2011 and fifty dollars ($50.00) for weekends (Saturday and Sunday), and city recognized holidays effective January 1, 2011. 62.46. SHIFT DIFFERENTIAL 4660A. Full-time employees working scheduled to work between 6:00 P.M. and 7:00 A.M. shall be paid an additional eighty cents ($.80) for time worked between those hours. 29 4660B. Full-time employees working scheduled to work from 6:00 PM Friday until 7:00 A.M. on Monday and all hours worked during a city recognized holiday shall also receive the additional eighty cents ($0.80) per hour shift differential. 63.47. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours of work or two (2) hours pay in lieu of work. This minimum shall not apply to work performed immediately before or immediately after an employee’s regular work shift. Department Head or Division Manager shall have the discretion of calling in the appropriate personnel based on the needs of the job. 64.48. HAZARDOUS PAY When an employee of the Forestry Department is trimming trees requiring the use of aerial bucket and/or ropes, the removal of trees, or around overhead electrical distribution lines, or while operating a wood chipper or stump cutter; or an employee is required to work on the ground near the front end loader grappling forks; or an employee is required to work with the asphalt recycling unit, steamer, oilers or one air compressor operator during crack sealing in the Street Department, that employee shall, in addition to his their regular pay, receive hazardous pay for all times spent in said hazardous duty of Two Dollars and Seventy-Five Cents ($2.75) per hour. Employees will also receive this hazardous pay during handling and/or clean-up of chemicals effective January 1, 2013; as well as paint striper operator, and loader operator with grapple hooks during spring clean-up, effective January 1, 2016. 65.49. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of timeof time and one-half (1 1/2) or designate comp time upon approval of Department Head or Division Manager in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) hours. Use of comp time must be approved by the Department Head or Division Manager and may not result in overtime needing to be paid to cover a shift. 66.50. LONGEVITY 5064A. Regular full-time employees shall be eligible for longevity pay based upon length of full-time continuous service with the City of Brookings. Length of service shall be the full number of years of service as of the hire date of the employee’s employment. Years of service must be continuous years of service. 30 5064B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hourshours’ payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that their anniversary of continuous employment falls. 5064C. The amount of longevity pay shall be at the rate of $6.00 per month per year with a cap of 30 years after completing five (5) years of continuous full-time employment. EXAMPLES: 5 years of employment $30.00 per month 8 years of employment $48.00 per month 10 years of employment $60.00 per month 67.51. WAGES (See Appendix A - attached) 5165A. 2020 sales tax is projected to end at negative eight percent (-8%). Commencing January 1, 2021, wages will be adjusted based on 2020 Sales Tax Performance as follows: • If 2020 sales sax ends as projected, there shall be no pay increase including COLA or Merit • If 2020 sales tax ends two percent (2%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*. • If 2020 sales tax ends three percent (3%) better than projected, the new salary ranges will be implemented and there will be a two percent (2%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*. • If 2020 sales tax ends at or above four percent (4%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) salary increase for those who do not receive an increase when the new salary ranges are implemented*.Employees will be eligible for a 1 – 4 % merit increase based on annual performance review. Employees at the max of their wage range will not be eligible for a merit increase but will receive a one-time 1 – 4 % bonus payout based on their annual performance review. The City of Brookings will implement employees into their new salary range by mirroring the employee’s relationship to their current midpoint, capped at their future midpoint. Employees whose current salary is at or above their future midpoint will not receive an increase during implementation of the new salary ranges, but will be eligible for a payout or salary increase based on 2020 Sales Tax Performance. 31 *Employee wages shall be adjusted to receive the minimum of the payout or salary increase. This may include a combination of an increase during implementation of the new salary ranges and payout or salary increase based on 2020 Sales Tax Performance to reach the full minimum. 5165B. Only a Wage reopener will occur on an annual basis commencing prior to the City of Brookings budgeting process. 68.52. DEFINITIONS As used in this document, the following words and terms, unless the context clearly requires otherwise, shall have the meaning as indicated. 5266A. Grade or Class of Positions - A group of positions sufficiently alike in duties, authority and responsibility to justify the same title, qualifications and schedule of pay to all positions in this group. 5266B. Compensation - All forms of valuable consideration, including salaries or wages earned by or paid to any employee by reason of service in a position with the City. 5266C. Demotion - An involuntary change in classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. (This definition shall not include down-grades.) 66C. Implementation – Bringing employees from their current salary range into their new salary range that accounts for employee development, proficiency, and fair market value. 5266D. Voluntary Reclassification - The voluntary classification of an employee from a position in one class title to a position in another class title having a lower entry level salary. 5266E. Relative - The employee’s grandparents, grandchildren, father-in-law, mother- in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law, and members of the immediate family. Step relatives are also included in above classifications. 5266F. Immediate Family - The employee’s spouse, parents, spouse’s parents, son or daughter, brother, sister, step-parents, step-brother, step-sister, step-children and/or legal guardian or ward. 5266G. Discharge - The permanent involuntary separation of an employee from his/hertheir position for cause. 5266H. Employee - A person legally occupying a position with the City or on authorized leave of absence from such service. Elected officials and members of appointed 32 Boards and Commissions shall not be considered as employees, nor shall the provisions of this document be applicable. 5266I. Probationary Period - A working test period of six (6) months during which an employee is required to demonstrate his/hertheir fitness for the duties to which he/shethey areis appointed by actual performance of the duties of the position. 5266J. Promotion - A change in the position of an employee from one grade to a position in another grade having a higher maximum salary range. (This definition shall not include upgrades.) 5266K. Transfer - The change of an employee from one position to another position in the same grade or another grade having the same maximum salary range, involving the performance of similar duties and requiring substantially the same basic qualifications. 5266L. Hire Date - The hire date will be the date upon which an individual became a regular full-time employee. That date does not change with any changes of duties. If an individual is re-employed, only the date of his/hertheir current re- employment shall serve as the official date of employment for all personnel transactions, except for employees who have re-employment rights due to layoff. 5266M. Anniversary Date - The anniversary date is the date in which an individual becomes employed within a current job description. The anniversary date would not change unless there was a promotion or transfer during their employment. If a promotion was received within the same department, their anniversary date would change to the date in which the promotion was effective. The anniversary date would also change if they transferred from a position within one department to a different position within another department. There would be no change in the anniversary date in a situation in which an employee’s job description is re-evaluated due to a change in duties, etc. Under that circumstance, the anniversary date would remain at the date in which the employee entered his/her their position. 5266N. Reclassification - The change in the duties and responsibilities of a position involving either the addition of new assignments or the taking away or modification of existing assignments which causes a change in the class title of the position. 5266O. Department Heads - Those persons appointed by the City Manager to manage and administer the work and personnel of their respective departments. They shall consist of the City Clerk, Community Development Director, Human Resources Director, Finance Manager, City Engineer, Liquor Store Manager, 33 Street Superintendent, Director of Solid Waste Management, Fire Chief, Parks, Recreation and Forestry Director, Public Works Director and Chief of Police. Also acting as Department Head is the City Librarian, who is appointed by the Library board. 52P. Division Managers – Those persons appointed by the City Manager to manage and administer the work and personnel of their respective divisions. They shall consist of the Street Manager, City Engineer, and Solid Waste Manager. 34 69.53. DURATION 5367A. This Agreement shall be in full force and effect from January 1, 20221, up to and including December 31, 20241, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 20241. The agreement will be opened annually for wages only thereafter, with negotiations commencing before the budget process each year. 5367B. When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the current contract year, advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 City Manager Principle Officer/President Date Business Agent (James Heeren) Date 35 APPENDIX A OFFICIAL SALARY SCHEDULE AND COVERED POSITIONS GENERAL CONTRACT FOR 20221 Explanation of Schedule There is an open salary range for every position classified as a salary grade that defines the minimum and maximum salary for the position. . Non-exempt employees’ hourly rate will be calculated by taking their annual salary divided by the number of worked hours in a year (2080). New employees will normally be hired at the minimum of the salary grade in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of six (6) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate his/hertheir ability to perform his/hertheir duties. If employee does not satisfactorily demonstrate his/hertheir ability to perform his/hertheir duties by the end of the probationary period, the employee may be terminated or the probationary period extended up to an additional six (6) months with a determination of pay increase held until the expiration of that extension. In accordance to this agreement and upon completion of the probationary period, the probationary employee may be reclassified to regular full-time. Covered Positions and Occupational List of Class Titles Management Supervisory Series This series consists of those positions having a combination of assigned management tasks and the responsibility of supervising full-time personnel. Title Grade Forestry Supervisor 25 Park Supervisor 25 Street Supervisor 25 Professional Series The positions in this series are distinguished by special requirements of education or training. They may be assigned management tasks and typically have a high degree of public contact. Title Grade Code Enforcement Officer 22 Building Inspector 24 Engineering and Storm Water Technician 24 Maintenance and Equipment Operator Series Positions allocated to this series have classifications and duties involving the maintenance of public streets, parks and require the operation and/or repair of specialized equipment. The series also includes Apprenticeship positions. Title Grade General Laborer 17 Sanitation/Solid Waste Collector 20 Airport Operations/Maintenance Technician 20 36 Park Technician 20 Forestry Technician 20 Street Maintenance Technician 20 Building Trades Technician 20 Advanced Equipment Operator- Streets, Landfill 21 Building Trades Specialist 23 Shop Supervisor/Mechanic 25 Heavy Equipment Operator- Streets, Landfill 23 Clerical Series This series consists of positions which involve office and clerical work with experience in typing, basic bookkeeping and record maintenance. Employees occupying these classifications generally assist the public either directly or over the phone and operate standard office equipment. Position Allocation and Classification Plan Job Descriptions have been prepared and are on file with the Human Resources Director for each of the above titles. Every full-time employee is classified by these Job Descriptions. Movement from one classification to another requires the approval of the City Manager and must be consistent with the provisions to this agreement. Title Grade Municipal Liquor Store Clerk 17 Receptionist/Office Clerk 17 Office Manager- Eng/Comm Develop, Landfill, Streets, PRF 22 Library The Brookings Library Board has the authority to appoint and employ all Library personnel. The class codes, class titles and job descriptions are uniform with the City Occupational Classifications and pay grades. Title Grade Circulation Assistant/Tech Services 17 Circulation Assistant/ILL 17 Administrative Assistant- Library 19 Community Services Coordinator 19 Circulation Manager 20 Children's Service Coordinator 23 Young Adult Services Coordinator 23 Adult Services Librarian 26 Technology Services Librarian 26 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0551,Version:1 Action on the Police Department Union Contract. Summary: Attached is the proposed employee collective bargaining agreement. The Police Department employees are covered under such agreement. Teamsters Local Union No. 120 represents City employees under this contract. The current contract expires at the end of 2021 and only allows wages as an opener. The City Manager, Police Chief and the Human Resources Director worked with union stewards and the Teamsters Business Agent for the Police Department. The union has accepted the proposed contract and City Council approval to ratify this contract will complete the process. The proposed contract in the packet is in amendment format so you can see the changes to the contract which is about to expire. Recommendation: Staff recommends approval Attachments: Memo Agreement - clean Agreement - marked City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Casey Bell, HR/Risk Manager; Paul Briseno, City Manager; Jacob Meshke, Assistant City Manager; Susan Rotert, HR Director; Dave Erickson, Chief of Police Council Meeting: November 23, 2021 Subject: 2022 - 2024 Teamster Local Union No. 120 Police Union Agreement Presenter: Paul Briseno, City Manager Summary: Annually, the City and Union leadership meet and confer to develop an agreed contract which guides its members and City relationships. Teamsters Local Union No. 120 represents Police Department employees under this contract. The existing agreement covers two-years and will expire December 31, 2021. The new agreement will cover three-years from January 1, 2022 through December 31, 2024. Annual contract reopeners will be available for salaries. Background: City management meets annually with Union leadership to meet and confer and develop an agreement for the future. The Police Department employees are covered under a union agreement which expires December 31, 2021. Teamsters Local Union No. 120 represents Police Department employees under this contract. Historically, the City has opted for three year agreements. Due to the fluctuation of sales tax, it’s essential the City allows salaries as an annual opener to ensure expenses of increased pay does not out pace revenues. Item Details: A proposed contract was negotiated for January 1, 2022 to December 31, 2024. This three-year agreement only allows wage as the sole opening item. The City Manager, Assistant City Manager, Chief of Police, and Human Resources Director worked with Union Stewards and the Teamsters Business Agent for the Police Department group through multiple meet and confer sessions to finalize the proposed agreement. The proposed agreement is contained within the approved 2022 Budget. Sales Tax is the City’s primary revenue source for salary increases. An agreement of a 1 - 4 % merit increase based on performance will be had for 2022. Employees that reach the max salary of their range will be eligible for a 1 - 4 % one-time payout based on performance. The Police Department member group has accepted the proposed contract and City Council approval is needed to ratify the contract. This action will complete the process. Legal Consideration: There are no legal considerations at this time. Strategic Plan Consideration: Fiscal Responsibility – Negotiated items in Union Agreement fit within 2022 budget. Service and Innovation Excellence– Negotiated items in Union Agreement streamline and improve upon operations and logistics within covered Departments. Sustainability – Negotiated wages and benefits in Union Agreement are competitive within the labor market to retain and attract talent. Financial Consideration: The primary impact to the 2022 Budget is at no increase. It’s expected the potential increases outlined in the offer will be offset by the sales tax increase required to realize any merit or one time increases. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Discuss / take no action / table City Staff recommends approval of the agreement. Supporting Documentation: Agreement – clean Agreement – marked CITY OF BROOKINGS POLICE LABOR CONTRACT 2022-24 INDEX Article Title Page Article 25 ....................Alcohol, Drug Abuse & Addiction ................................................. 15 Article 22 ....................Break Time .................................................................................... 11 Article 6 ......................Bulletin Boards ................................................................................ 3 Article 39 ....................Business Agents ............................................................................ 27 Article 19 ....................Call-In & Duty Assignments Outside of Regularly Scheduled Hours ...... 10 Article 37 ....................Check Off ....................................................................................... 26 Article 10 ....................Citizen’s Complaint ......................................................................... 5 Article 13 ....................Committee for Union-Management Cooperation .......................... 6 Article 20 ....................Compensation Time ...................................................................... 11 Article 12 ....................Court Pay ......................................................................................... 6 Article 9 ....................Discharge or Suspensions ................................................................. 4 Article 41 ....................Duration ........................................................................................ 27 Article 27 ....................Professional Development and Educational Leave ...................... 17 Article 34 ....................Firearms ........................................................................................ 24 Article 35 ....................Firearm Qualification .................................................................... 25 Article 8 ......................Grievance Procedure ...................................................................... 3 Article 29 ....................Holidays ......................................................................................... 19 Article 16 ....................Insurance.......................................................................................... 9 Article 4 ......................Liability Coverage ............................................................................ 2 Article 40 ....................Longevity ....................................................................................... 27 Article 3 ......................Management Rights ........................................................................ 1 Article 7 ......................Military Leave ................................................................................. 3 Article 24 ....................Miscellaneous ............................................................................... 13 Article 17 ....................Pay Periods...................................................................................... 9 Article 15 ....................Pensions .......................................................................................... 9 Article 27 ....................Professional Development and Educational Leave ....................... 17 Article 23 ....................Promotions ................................................................................... 12 Article 1 ......................Recognition ..................................................................................... 1 Article 42 ....................Reopener ....................................................................................... 27 Article 31 ....................Schools & Training ........................................................................ 21 Article 14 ....................Seniority (Personnel Policies) ......................................................... 7 Article 2 ......................Separability and Savings Clause ...................................................... 1 Article 21 ....................Shift Differential ............................................................................ 11 Article 26 ....................Sick Leave ...................................................................................... 15 Article Title Page Article 28 ....................Special Leave ................................................................................. 18 Article 5 ......................Stewards ......................................................................................... 2 Article 32 ....................Travel and Expense ....................................................................... 23 Article 33 ....................Uniforms and Equipment .............................................................. 23 Article 38 ....................Union Business and Representatives ............................................ 26 Article 30 ....................Vacations ....................................................................................... 20 Article 36 ....................Wages ............................................................................................ 26 Article 11 ....................Work Rules ...................................................................................... 6 Article 18 ....................Work Week ................................................................................... 10 1 CITY OF BROOKINGS - POLICE LABOR CONTRACT THIS AGREEMENT made and entered into this 1st day of January, 2022, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION 1A. The employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: 1A.1 All regular full-time employees employed in the Police Department of Brookings, South Dakota as stipulated in Appendix A. 1B. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of this Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of this Agreement shall continue in force and effect. 3. MANAGEMENT RIGHTS 3A. The Union recognizes the prerogatives of the City Manager and City Council of the City to operate and manage its affairs in all respects in accordance with its responsibility and the powers of authority which the City has not officially abridged, delegated, or modified by this Agreement, and such powers and authority are retained by the City. 3B. These management rights include, but are not limited to the following: 3B.1 To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train, or re-train employees in positions with the City, and to suspend, discharge or take positions with the City, and to suspend, discharge or take other 2 appropriate action against employees for just cause; 3B.2 To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 3B.3 To determine the objectives of the City and the method and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); the purchase and utilization of equipment; and the utilization of seasonal and part -time employees, as long as no full-time employees are laid off; 3B.4 To provide reasonable standards and rules for employees; and 3B.5 To determine the method of fulfillment of the objectives of the City, whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 4. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. If qualified immunity is eliminated for Law Enforcement Officers, the City agrees to increase the minimum coverage from $300,000 to $700,000. 5. STEWARDS 5A. The City recognizes the right of the Union to designate stewards. T he job stewards so designated shall perform the following duties: 5A.1 Investigation and presentation of grievances to Employer or the Employer representative in accordance with the provisions of this Agreement; 5A.2 Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business of presenting, processing and investigating grievances, during working hours without loss of pay, provided that it does not interfere with the 3 efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 6. BULLETIN BOARDS The Employer agrees to provide adequate space on its bulletin boards for Union business notices. Union space will be allocated. 7. MILITARY LEAVE 7A. Regular full-time employees serving in the Military Reserve, National Guard or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City up to a maximum of two weeks per calendar year. If such ser vice exceeds two (2) weeks, the City will not supplement the pay beyond the initial two-week period. There will be no loss of seniority, and employees may utilize vacation leave. Service pay shall include quarters allowance, in addition to base pay. 7B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 7C. All applications for military leave must be approved by the Chief or his designee. The request must be accompanied by a signed copy of the military orders. 8. GRIEVANCE PROCEDURE 8A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. 8B. Employees are encouraged to attempt to resolve grievances with their supervisor. Failure to resolve the grievance with the supervisor, employees are encouraged to attempt to resolve the grievance with the Chief of Police. 8C. Failure to resolve the grievance with the supervisor or Chief of Police, the grievance shall be reduced to writing and submitted to the Human Resources Director and the Local Union within ten (10) working days following the day on which the grievance occurred or within ten (10) working days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee may have a steward and/or 4 business representative present at any step of this procedure. Within ten (10) working days, the City Manager or their designee shall meet with the grievant and the Local Union. At this meeting, all available evidence shall be afforded to both sides. 8D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3-18-15.2. The appeal must be initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limit or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary, the employee and/or the Union may elect to commence the grievance procedure at the level of the Chief of Police or City Manager. 8E. Time limits may be extended by mutual agreement. 8F. The Union has the authority to abandon a grievance. Abandonment of a grievance shall not set a precedence. 9. DISCHARGE OR SUSPENSION 9A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before he is discharged or otherwise disciplined if the cause of such discharge is: 9A.1 Dishonesty; 9A.2 Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during the work shift. An individual will submit to a portable breath test if the presence of alcohol is suspected. In the event PBT shows positive, employees shall be offered the opportunity to submit to a blood test and the expense of the blood test will be upon the City if the results are negative and upon the employee if results are positive; 9A.3 Personal possession or use of illegal drugs; 9A.4 Recklessness resulting in a serious accident while on duty; 9A.5 Failure to report an accident or criminal incident while on duty; 9A.6 Conduct which is unbecoming of an officer. 5 9B. It is understood that there are other offenses of extreme seriousness that an employee will be discharged for without a warning letter. Depending upon the circumstances and upon just cause, a lessor discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the Chief of Police, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. 9C. Time limitations of such warning letter shall be consistent and uniform among like incidents but in no instance, shall it be for more than eighteen (18) months from the date of the incident causing this issuance. 9D. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 9E. Any reprimand that can become part of an officer’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representatives present. 10. CITIZEN’S COMPLAINT Citizen complaints against officers shall be divided into two categories: non-criminal conduct and criminal conduct. Any citizen wishing to lodge a formal complaint against an officer shall be directed to the appropriate Division Commander for determination of category and merit. The officer will be notified at a time appropriate based upon the circumstances of the investigation. 10.1 – Non-Criminal Complaints: Upon receiving a complaint and determining the complaint to be non-criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted internally by a command level officer designated by the Chief of Police or his designee, and may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 10.2 – Criminal Complaints: Upon receiving a complaint and determining the complaint to be criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted either internally by a command level officer, or by investigators from outside agencies so as to avoid any conflict of interest issues as chosen by the Chief of Police or his designee. The investigation may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 10.3 – Determinations and Findings: Upon completion, the investigation summary 6 shall be forwarded to the Chief of Police for review. The findings of the investigation shall be classified as follows: Sustained: The complaint is determined to be factual. Exonerated: The officer(s) did not commit the offense as stated. Unfounded: The allegation is false or not factual. Not Sustained: Not enough evidence to prove or disprove the allegations were found. Dismissed: The complainant withdrew the complaint or failed to cooperate with the investigation. 10.4 – Final Action: If upon completion of the investigation the complaint is sustained, the Chief of Police shall initiate the proper disciplinary action consistent with the City of Brookings Police Labor Contract and the policies of the City of Brookings and the Brookings Police Department. 10.5 – Officer Recourse: Any officer or employee who disputes either the findings of the investigation, or any associated disciplinary action resulting from the investigation, may protest the matter through the established Grievance Procedures of the City of Brookings Police Labor Contract and the Brookings Police Department. 11. WORK RULES Department General Orders, Work Rules, and the Department Policy and Procedure Manual shall be reviewed by the Chief and City Manager to ensure tha t they continue to meet existing conditions. Management will notify all employees of work rule changes. 12. COURT PAY In the event an employee is required to make an off-duty court appearance, they shall be paid a minimum of two (2) hours at time and one -half (1 1/2) their regular rate of pay. Each session of court, morning and afternoon, shall constitute a separate appearance if the officer is required to appear at both. Court time paid at time and one-half shall not be counted toward the officer’s eighty (80) hour bi-weekly schedule. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. 13. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 13A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either part. They also recognize that during such period more mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and non-management employees, if both the City and the Union continue to enlarge their respective 7 efforts to gain a better appreciation and understanding of the others problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through the extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below: 13B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detract from the provisions of this Agreement. In agreeing to such meetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 13C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting the health, life, and a limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City Employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. 13D. The committee shall be composed of two (2) members designated by the Union and two (2) members designated by the City. Any recommendations must be adopted by a majority of the committee. 14. PERSONNEL POLICIES 14A. SENIORITY 14A.1 Seniority rights for employees shall prevail. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the Police Department bargaining unit. 14A.2 New employees will be considered probationary employees for twelve (12) months from the date of employment. Should a probationary 8 employee be absent from the job for an approved leave without pay, the probationary period will be extended to enable employees to complete their full probationary period. 14A.3 During the probationary period, employees shall have no seniority status, and may be laid off or terminated at the sole discretion of the City without regard to length of service. When an employee completes their probationary period, their seniority date shall revert back to their original date of hire. 14A.4 On January 1 of each year, the employer shall post a current seniority list and shall submit a copy to the Union. Seniority will be classified as follows: a) All sworn personnel; b) All non-sworn personnel; 14A.5 Employees hired from non-sworn to the sworn classification or vice versa, shall maintain their seniority for the amounts of vacation but shall go to the bottom of the list in the new classification for all other purposes. Part-time employees obtaining full-time positions shall be considered as a new hire for all purposes. 14A.6 Seniority and employment relationship shall terminate when an employee: a) Quits; b) Is discharged for just cause; c) Is retired. 14A.7 All scheduled or otherwise anticipated overtime shall be offered by seniority to qualified available personnel unless such overtime requires a special skill or is in accordance with the employee completing an assigned regular shift. Management reserves the right to offer or immediately assign overtime resulting from unexpected, unforeseen, or emergent circumstances without consideration of seniority. It is understood that all overtime must be authorized by the Chief of Police, or designee. 14A.8 Vacation will be granted on a first come – first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 14A.9 In the event of a layoff, the last employee hired shall be laid off first in the sworn and non-sworn classifications as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective classifications. 9 15. PENSIONS Retirement benefits shall remain as now provided, but they shall not be in any manner reduced or lessened during the period of this contract, unless the changes are beyond the control of the City. 16. INSURANCE 16A. The City offers group health, dental, vision, accident, and life insurance options for all full-time employees in the bargaining unit and their dependents electing to be covered by such insurance. The City shall pay 85% of the group health coverage; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life and AD&D insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hours’ payable in the payroll month. 16B. If any employee is covered under the City health insurance plan either by spouse or dependent coverage, they will not be permitted to be covered by an individual policy also with the City. 16C. Upon receipt of notification by the insurance carrier that changes are needed, the City will, in turn, notify the Union for purposes of soliciting comments and suggestions. 16D. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full- time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 17. PAY PERIODS 10 All employees covered by this Agreement shall be paid in the same manner as all other City employees are paid, on a monthly pay period. 18. WORK WEEK 18A. Employees shall be paid for all time spent in the employ of the Employer. 18B. Employees shall be compensated at the rate of time and one -half for all hours required to work prior to and/or beyond scheduled shift (excludes shifts of less than 8 hours per day); on a scheduled day off; or in excess of forty (40) work hours per week for office personnel and dispatch; or in excess of eighty (80) hours in a two-week period for police officers. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or oth er benefit leave, will not be used in the computation of overtime. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. If trading of shifts results in required payment of overtime based on FLSA guidelines, the trade will not be allowable or approved. 18C. Full-time clerical employees shall be scheduled Monday through Friday and Saturdays and Sundays off except for temporary, unusual or emergency situations. 18D. Employees required to work when their shift commences on Ea ster Sunday shall be compensated with five (5) additional hours of straight time pay. 18E. Pyramiding of overtime will not be allowed. 18F. The City agrees during the term of this contract to continue its policy regarding the replacement of employees at shift change. 18G. Part-time employees shall be scheduled as needed. 19. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours for work performed. The employee shall report to the ranking supervisor, up to Lieutenant, on duty to perform any additional duties necessary in an attempt to work for the entire minimum period. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. In the event the employee is on vacation, the employee may elect to take compensation time to be credited back to vacation in lieu of monetary compensation. If employee chooses not to work for the entire minimum period, the employee shall be compensated only for the hours actually worked. 11 DUTY ASSIGNMENTS OUTSIDE OF REGULARLY SCHEDULED HOURS Employees with special duties outside of their regularly scheduled hours will be compensated a minimum of two (2) hours at their overtime rate of pay or compensation time. Clarification of special duties may include, but is not limited to, reserve coordinators, certification instructors (such as Fire Arms, Tasers, Radar, DUI, etc.) School Resource Officers, Safety Town, Field Training Officers, and Communications Training Officers. 20. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-half (1 1/2) or designate comp time upon approval of Lieutenant in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) hours for both sworn and non-sworn personnel with the exception of designated active certified Communication Operator Trainers and Field Training Officers, who will be allowed to carry over eighty (80) hours from one calendar year to the next. 21. SHIFT DIFFERENTIAL 21A. Full-time employees scheduled to work between 6:00 P.M. and 7:00 A.M. shall be paid an additional ninety cents ($.90) per hour for time worked between those hours. 21B. Full-time employees scheduled to work from 6:00 P.M. Friday until 7:00 A.M. Monday and all hours worked during a city recognized holiday shall receive ninety cents ($.90) per hour additional. 22. BREAK TIME 22A. Employees who are scheduled to work an eight (8) hour shift shall be granted a twenty minute paid break during the first four (4) hours, and a twenty minute paid break during the second four (4) hours of their shift. Employees who are scheduled to work a ten (10) hour shift shall be granted a twenty -five minute paid break during the first five (5) hours, and a twenty-five minute paid break during the second five (5) hours of their shift. Employees who are scheduled to work a twelve (12) hour shift shall be granted a thirty minute paid break during the first six (6) hours, and a thirty minute paid break during second six (6) hours of their shift. 22B. Dispatchers will not be allowed to leave the Police building, to include designated smoking areas, during their breaks unless there are at least two dispatchers on at that time. However, if the supervisor on duty deems it necessary, dispatchers will be required to remain in the building even when there are two on during a shift. 12 22C. Employees filling out reports shall be allowed coffee or soft drinks while performing this work without it being considered a break, as long as the amount of time is reasonable. 22D. Employees shall be allowed to combine break periods for a total of forty (40) minutes during an eight (8) hour shift, fifty (50) minutes during a ten-hour shift, and sixty (60) minutes during a twelve hour shift. 22E. Rest periods may not be accumulated for time off or used to leave work early, and are not guaranteed if missed because of operational requirements. 23. PROMOTIONS 23A. Promotion to positions within the sworn personnel in the bargaining unit shall be filled from lists of employees and personnel obtained through open and competitive written examinations, oral interview, seniority and education. Such examinations shall be on the basis of openings contemplated and shall be conducted by the City of Brookings after advertisement of the fact of giving such examinations and the terms in respect to grading and other relevant matters. 23B. In the event of retirements, resignations, and other terminations of employment wherein the position involved is not eliminated, and cash payment is made for accumulated benefits, the City reserves the right to delay filling the position until such time as the savings from such a delay equals the total amount of cash payment. 23C. Service requirements for the position of Sergeant require a minimum of three (3) years’ experience as a law enforcement officer. 23D. In the event there are no qualified employees with the required service time, consideration shall be given to those employees who are qualified, but have not achieved the service requirement. 23E: A written test shall be administered and shall count up to twenty (20) points. Candidates receiving fourteen (14) points or more, a minimum equivalent of 70% of correct answers, on the written test shall be selected for an oral interview with an interview panel established by the Chief of Police. The oral interview shall count up to forty-five (45) points. Oral Interview points shall be determined by calculating the composite score from a Police Department interview questionnaire and the score of the Human Resource Critical Competencies battery. 23F. The most recent annual evaluation shall count up to ten (10) points. 13 23G: Training shall count (1) point for each 20 hours of certified training up to fifteen (15) points, excluding the twelve (12) week certification school and other training required by the State of South Dakota. Certified training is that training reported on the South Dakota Law Enforcement Training Personnel Profile Report. Training hours received after the promotion application deadline shall not be considered in calculating training points. Education shall count (2) points for an Associate Degree, three (3) points for a Bachelor Degree, and four (4) points for an Advanced Degree. One (1) point shall be counted for sixty (60) or more college credit hours earned from an accredited institution, but no degree received. Transcripts shall be required to verify credit hours earned. 23H. Seniority shall count one (1) point per year to the maximum of ten (10) points. 23I: A composite score shall be calculated from the oral interview, evaluations, education and training, seniority and test scores. Candidates with a composite score equal to or greater than 75% of the maximum composite score shall be eligible for selection to an interview by the City Manager and the Chief of Police. The maximum composite score shall be 104 points. Candidates receiving 78 points or more shall be considered an eligible candidate. Written Test: 20 Oral Interview: 45 Training: 15 Education: 4 Evaluation: 10 Seniority: 10 Upon completion of the final interview, the Chief of Police, in consultation with the City Manager, shall have full discretion in selecting an eligible candidate for promotion. Final approval of the selection must be made by the City Manager with the decision based on seniority, skills, ability, job performance, and qualifications. If skills, ability, job performance, and qualifications are relatively equal, then seniority shall be the determining factor. 23J. All job descriptions to include any changes will be posted. 23K. Upon written request, officers shall be given their written test score results. 23L. Permanent promotions/transfers from a position or Department to a new regular full-time position in the same or different Department shall require the transferred or promoted employee to serve a new probationary period not to exceed 90 days. 14 24. MISCELLANEOUS 24A. Employees may maintain residence outside the city limits. 24C. In the event of an absence of a supervisor, the Chief of Police may designate an officer as acting supervisor to assume all duties of the absent supervisor. An employee that is designated as acting supervisor will accrue one half hour (1/2 hour) of compensation time (x1) for a full six (6) hour shift; one hour (1 hour) of compensation time (x1) for a full eight (8) hour shift; one and one-half (1 ½ hours (x1) for a full ten (10) hour shift; an d two (2) hours (x1) for a full 12 hour shift to be utilized at a mutually agreed upon time as approved by their supervisor and/or Chief of Police. Any employee desiring not to act as supervisor shall be allowed not to do so by advising the Chief of Poli ce in writing. 24F. The Police Building and all department vehicles will be non -tobacco including vaping with a designated smoking area being provided outside the southwest door of the department. 24H. SRT team members will be paid an additional $2.00 per hour of Hazard Pay when called out. SRT training hours are not included. 24I. The canine officer assigned to canine duty for the City of Brookings Police Department shall be compensated as follows: The following activities may be FLSA compensable time when performed during the canine handler’s “off-the-clock” hours: feeding, exercising, training, grooming, cleaning up after canine, and /or transporting the dog to and from an animal hospital or veterinarian. The canine handler’s normal workday would consist of 11 1/2, 9 1/2, or 7 ½ hours of normal duties depending on scheduled shift and ½ hour per day of FLSA compensable time to leave their shift early, with the consent of the Chief, for care/handling of the canine. The ½ hour of FLSA compensable time to leave early for care and handling of canine will be factored into each work day, but if call load prohibits the canine handler from leaving early, the handler will accumulate ½ hour of FLSA compensable time that day to care for canine dog to be paid at OT or ½ hour accrued as comp time at the discretion of the handler. One-half (1/2) hour of FLSA compensable time for care and handling of canine dog will also be accumulated on regular days off and days utilizing benefit time if canine duties are performed by canine handler. The City and Union make the agreement in light of their consultations with the canine handler, and with specific reference to actual hours worked performing such duties. The City, the Union and the handler agree that the weekly total o f compensated hours set forth above is reasonable and reflects the actual hours spent in canine care, as described above, with respect to all the pertinent facts related to care provided by the officer for the department’s canine dog, in the City of Brookings. 15 The City agrees to pay for the boarding facility for one week annually while the canine officer is on vacation. The canine officer, however, shall not receive the above canine compensation for their paid vacation hours for that week. When the Narcotics Canine is no longer capable of performing acceptable standards due to any of the aforementioned reasons, it shall be retired from service. Because the canine may have been purchased with funds other than those provided by Brookings Police Department, certain guidelines or stipulations will be made to turn the dog over to the handler, if they desire, or other prospective owner, if the prospective owner signs a release form accepting all responsibilities for said dog. The dog’s ownership may be transferred to the dog’s handler by the handler paying a fee of one dollar for the dog. Once the patrol officer is no longer designated as the canine handler for the City of Brookings Police Department, the canine compensation will end. 25. ALCOHOL, DRUG ABUSE AND ADDICTION EMPLOYEE ASSISTANCE PROGRAM 25A. The City complies with terms and protections of the Americans with Disabilities Act, including working cooperatively with employees who meet the definition of being a “qualified person with a disability” to identify and provide reasonable accommodations where necessary for the performance of the essential functions of the job. This includes qualified employees who have been diagnosed with alcohol use disorder and whose alcohol use does not adversely af fect their job performance or conduct or pose an unreasonable safety risk, as determined by the City. The City does not tolerate the use by employees of illegal drugs, and such conduct will result in discharge from employment with the City. 25B. Employees’ job security or promotional opportunities will not be jeopardized by their request for assistance in problems relating to alcohol/drug abuse and/or addiction. 26. SICK LEAVE 26A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 26B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to two thousand eighty (2,080) hours of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. In 16 order to earn the accrual of sick leave for a given month, the employee must work or use paid leave for at least 50% of the hours’ payable in the payroll month. 26C. Request for sick leave must be approved by the Chief of Police or their designee prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify their supervisor of their recovery. 26D. Leave request may not exceed the amount of leave accumulated. 26E. Sick leave shall be paid at the employee’s regular hourly rate and employees may use sick leave in no less than one-fourth (1/4) hour increments. 26F. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 26G. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 26H. Employees on unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 26I. Sick leave shall be granted to employees: 26I.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 26I.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 26I.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, grandchild, and dependent(s) residing in the employee’s home to include step- relatives in the same categories. After three consecutive sick days, the Chief of Police and/or Human Resources Director, may 17 require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 26I.4 when, through exposure to a contagious disease, the presence of the employee at their post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 26J. At the discretion of the Chief of Police, employees who cannot perform their regularly assigned duties may be assigned limited duty, which will not, as certified by a medical practitioner, aggravate the illness or disability. 26K. After ten (10) years’ service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. 26L. All medical related incidents including reasonable travel time and recuperation time shall be chargeable toward sick leave. 27. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Chief of Police, with the approval by the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received, will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period of two (2) months for each month of educational leave taken. City shall make every effort to reschedule employees desiring to attend college classes either by allowing time off the shift or by employees trading shifts. Time off shall be made up the same day or at a mutually agreed time. An employee requesting to attend college classes which may interfere the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 18 28. SPECIAL LEAVE 28A. Leave With Pay - The Chief of Police will grant a leave of absence with pay to regular full-time employees for the following reasons and with these restrictions applied: 28A.1 Funerals – The City will permit regular full-time employees to be absent from work, without loss of pay, based on their regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral of the immediate family or a relative. Immediate family for bereavement leave includes the following: Spouse, parents, son, daughter, brother, sister, legal guardian, grandparents, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in- law, or sister-in-law. The bereavement benefit will also be granted for step-relatives in these same categories. Pay shall be granted twelve (12) hours for employees on twelve (12) hour shifts, ten (10) hours for employees on ten (10) hour shifts, and eight (8) hours for employees on eight (8) hour shifts. Additional time may be charged to vacation or sick leave at the discretion of the Chief. In the event of a funeral of a relative outside of the aforementioned, or a close friend, the employee may take a reasonable amount of time off with pay to be charged to vacation or sick leave. Bereavement leave may be used during the employee’s p robationary period and used in no less than one-fourth (1/4) hour increments. 28A.3 Jury or Court - If any employee is called for jury duty, they shall continue to be paid at their regular rate. Upon returning to work, they shall reimburse the City for the amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 28B. Leave Without Pay – Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the approval of the Chief of Police, Human Resources Director and City Manager, and providing all vacation and/or sick leave has been exhausted. 28B.1 Leave without pay must be requested in writing stating the circumstances in full as to why such leave is requested. This request must be submitted to the Chief prior to the leave. 28B.2 The request will be considered on the basis of the present workload or 19 anticipated workload, and the circumstances of the request. 28B.3 In a case of a declared disaster or emergency situation, regular full-time employees may request up to 15 work days off without pay per calendar year to assist in other areas if appropriate documentation is presented to substantiate the need for such leave. Such time off would not affect the accrual of benefits for the month. 29. HOLIDAYS 29A. It is the policy of the City of Brookings to afford all regular full-time employees ten (11) paid holidays each year. The City recognizes the following holidays: New Year’s Day Veteran’s Day President’s Day Thanksgiving Day Memorial Day Juneteenth Christmas Day Independence Day Native American Day Labor Day Martin Luther King Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. 29B. “Holiday pay” shall be defined as eight (8) times the straight time hourly rate and cannot be used in increments of less than 8 hours. 29C. Employees who are scheduled to work, and who work, one of the above city recognized holidays will be compensated for holiday pay (as defined above in 31B) for that specific holiday and overtime pay (time and one-half) for all hours actually worked. 29D. Employees will only receive overtime pay (time and one-half) if the holiday falls on the day as their shift starts. 29E. Employees who are on a regularly scheduled day off or on a paid leave of absence when one of the above city recognized holidays occur, will be allowed to bank the holiday for use at an alternate agreed upon time within one (1) year of the specific holiday for which it was earned. In the event the employee would normally be scheduled for a ten (10) or twelve (12) hour shift, the employee will be allowed to supplement this day with comp time or vacation leave in order to total ten hours of leave at the time the leave is taken as applicable. This day shall be mutually scheduled with the Chief. 29F. Employees on vacation when one of the above city recognized holidays occur, 20 will receive holiday pay for that specific holiday and will not be charged for that day as vacation time. 29G. Holidays shall be observed on the actual day they fall except clerical employees shall observe them on the day as all other City employees do unless otherwise approved in advance by the Chief of Police. 29H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, to qualify for the above holiday provisions, the employee must work their last full scheduled shift preceding the holiday or their first full scheduled shift following the holiday to be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for the date(s) absent. 29I. An employee who is on unpaid leave of absence or suspension without pay will not be eligible for holiday pay for a designated holiday observed during the leave of absence or suspension. 30. VACATIONS 30A. Vacation leave for all eligible employees for each vacation year is based upon length of service. In order to earn the accrual of vacation, the employee must work or use paid leave for at least 50% of the hours’ payable in the payroll month. 30B. Employees shall accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 yrs of service - 10.00 hours per month After ten but less than 20 yrs of service- 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned on the 15th of the month and credited to the employee on the pay day of that month, provided all other necessary provisions of the article have been met. Said vacation leave shall not be available to the employee until the day following payday. 30C. Employees have the opportunity to use vacation leave in one -fourth (1/4) hour increments at the discretion of the Chief of Police. Employees may accumulate up to two hundred eighty (280) hours of vacation leave. 30D. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 21 30E. Employees will not receive additional vacation time off due to illness or disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 30F. Request for vacation leave must be approved by the employee’s Chief of Police or designee prior to that time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests shall not exceed the amount of leave accumulated. Requests for vacation leave that will result in the department being below the required minimum staffing must be requested ten (10) days prior to taking such leave. 30G. Employees who are laid off or discharged, who resign or retire after giving two weeks’ notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro rate basis according to the time worked during the current year. Cash payments in place of vacation privileges are not permitted. 30H. Vacation leave can be taken during foul and dangerous weather, travel duri ng which is hazardous and not recommended by local authorities. This leave will be granted with the approval of the Chief of Police or designee. 30I. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Police Chief directly for such determination. 31. SCHOOLS AND TRAINING 31A. The employer agrees to budget for job related education and training Local training opportunities may be listed on the patrol room electronic display. The Chief or their designee will determine which employees will attend schools or training. Training opportunities will be based on the needs of the Department. In determining which employees may attend, consideration of specialized classifications, seniority, budget, and the program’s relevance to the police department’s overall training plan will be considered. 31B It shall be the responsibility of each employee to provide verification of completion of the above training to the City to be placed in their records. Training completed prior to January 1, 1987, shall be limited to that which is presently recorded with the Law Enforcement Training and Standards Commission. Each employee, upon request, shall be entitled to review their personnel file. 31C. Employees who attend authorized training outside of the department will be 22 compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Chief of Police, based upon FLSA guidelines. Employees who would normally be scheduled to work ten (10) or twelve (12) hour shifts on days they are in training will be allowed to supplement the eight (8) hours with two (2) or four (4) hours of vacation or comp time. 31D. All mandatory training scheduled outside the individual employee’s regular shift will result in the officer being afforded comp time in accordance with this Agreement. 31E. Police Officer employees, upon hire, shall be required to sign an agreement, in the event of resignation, for reimbursement for cost of wages, transportation, testing expenses, and benefits to include insurance, FICA, and retirement while completing Field Training and Academy attendance at a reimbursement rate of 75% if resignation is within the first year of employment and 50% if resignation is within the second year of employment. If a new officer is hired and is a certified Law Enforcement Officer in the State of South Dakota, they will not be required to sign an employment agreement. 31F. The City agrees to provide for field training certification. The maximum number of certified FTOs will be at the discretion of the Chief of Police. Officers may apply for the position of FTO once they have served for three (3) years with the Brookings Police Department. Officers with two (2) years’ experience with the Brookings Police Department and a minimum of one (1) year experience with another law enforcement agency are also eligible to apply. Selection of Field Training Officers will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as an FTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. Final selection will be made by the Chief of Police. Employees certified as a field training officer (FTO) who are engaged in training new recruits as part of the Field Training Program will accrue one -half hour of compensation time (x1) for each 6 hours of training provided; one hour of compensation time (x1) for each 8 hours of training provided; one and on -half hours of compensation time (x1) for each 10 hours of training provided; and two hours of compensation time (x1) for each 12 hours of training to be utilized at a mutually agreed upon time as approved by their supervisor and/or Chief of Police for the training provided. 31G. The City agrees to provide for training/certification communication operator trainers. The maximum number of certified CTOs will be at the discretion of the Chief of Police. Selection of the Communication Operator Trainers (CTO) will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as a CTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. 23 Final selection will be made by the Communication Commander and Chief of Police. Employees certified as a communication Training Operator (CTO) who are engaged in training new recruits as part of the Communication Operator Training Program will accrue one-half hour of compensation time (x1) for each 6 hours of training provided ; one hour of compensation time (x1) for each 8 hours of training provided; one and one-half hours of compensation time (x1) for each 10 hours of training provided; and two hours of compensation time (x1) for each 12 hours of training to be utilized at a mutually agreed upon time as approved by their supervisor and/or Chief of Police for the training provided. All communication operator training hours will be documented on a form authorized by the Communication Commander and Chief of Police. 31H. All mandatory training/departmental meeting notices shall be posted a minimum of seven (7) calendar days in advance. 32. TRAVEL AND EXPENSE 32A. The Chief of Police must approve all same day travel in the State of South Dakota. The Chief of Police and City Manager must approve all over night travel and travel outside the State of South Dakota. Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by City travel policy for authorized travel. The most direct route shall be traveled, and mileage will be paid in accordance with current City schedules. 32B. The City shall reimburse travel time according to FLSA guidelines for all authorized training. Pre-authorization by the Chief of Police is required at least seven (7) days prior to the training. 33. UNIFORMS AND EQUIPMENT 33A. The Employer will provide and issue all normally armed employees with a handgun, badges, handcuffs, protective head gear, and stocking hats. 33B. The Employer shall provide all ammunition annually which is needed and necessary for the performance of the duties. Ammunition for the on-duty use shall be of high quality. Practice ammunition shall be provided by the Employer during annual qualifications. 33C. Employees shall be issued at least three (3) sets of uniforms which shall be replaced as needed. Car coats and jackets will be issued for sworn employees only, not to exceed two (2). After two (2) years’ service, employees shall turn in their uniform items before being issued new items. Officers will be issued a ballistic vest and will be required to wear it at all times they are on patrol duty and investigators when executing search warrants. 24 33D. Investigators shall be granted a three hundred fifty dollars ($350.00) uniform allowance each January 1. Police uniforms provided shall be deducted from said amount. 33E. The Employer agrees to reimburse employees the actual cost less ten percent (10%) of employee’s personal items damaged in the line of duty not as a result of the employee’s negligence or misconduct including only the following: Eyeglasses, watches, weapons, and tape recorders Civilian clothing (if required) (Maximum $250.00 per item) This section does not apply to items of personal property covered by or reimbursed pursuant to South Dakota compensation laws. If an employee is reimbursed for the damage from any other source, he shall reimburse the City for any payments made hereunder. The City agrees to replace any item damaged due to work related incidents within two (2) weeks. Upon receipt of purchase, the City will reimburse up to $100.00 (One hundred dollars) for leather to all permanent, sworn officers who did not receive the entitlement when it was originally provided. 33F. A boot allowance for reimbursement of $100.00 every year be provided to Police Officers for the purchase of work boots. The $100.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the police officers purchase the boots needed for their jobs, it will be their responsibility to provide a copy of the actual receipt to the Chief of Police. The receipt will be used to track the amount of money used each year by police officers for the boot allowance. 34. FIREARMS The City shall provide weapons for all officers. 34A. The required on-duty weapon package as designated by the Chief will consist of a semi-automatic pistol with two (2) extra magazines, double magazine holder and holster. 34C. During the probationary period, the City will issue new officers their duty weapon and required leather accessories. The serial number, make and model will be registered with the Chief. 34D. Standards for non-uniform officers’ weapons shall be set by the Chief of Police. 34E. The officer will maintain the on-duty firearm at a satisfactory level to insure proper functioning of the firearm. 25 34F. The firearm will be inspected for up-keep, maintenance and proper functioning one (1) time a year by a certified armor. If an y malfunction or discrepancy is found in a firearm, the City shall repair the firearm or replace if deemed necessary. 35. FIREARM QUALIFICATION 35A. There are three distinct types of firearm exercises, each of which shall be scheduled at the discretion of the Chief of Po lice. These are: 35A.1 Firearm Training: These exercises shall be supervised by a qualified instructor, and officers are therein instructed on proper firearm use. Necessary ammunition and targets shall be provided by the City at the time of the scheduled training exercises. 35A.2 Firearm Practice: Each officer shall be provided with targets and two hundred (200) rounds of ammunition and targets to be utilized during practice exercises. Officers will have one practice shooting exercise conducted at the Brookings Firearms Range or other area firearms range approximately three (3) months prior to official firearms qualification . It is understood that weather and range accessibility can impact the scheduling of such practice events. If additional training is necessary, as determined by the firearms instructor and Chief of Police, that officer will be allotted additional rounds above the two hundred (200) practice rounds A minimum of one (1) additional practice shooting exercise shall be conducted at the Brookings Firearms range or other area firearms range prior to the official qualification. The practice exercise(s) shall be scheduled in such a manner as to allow all officers the opportunity to attend. Shooting exercises shall be supervised by department firearms instructors to provide education and assistance in preparation of official firearms qualification. 35A.3 Official Qualification: Needed ammunition and targets shall be provided by the City. If an officer fails to meet the “State of South Dakota Handgun Qualification” course once per year with a minimum passing score of 76% with their firearm during the scheduled time and place for qualification exercise, they will: 1) Surrender their firearm to the Chief of Police; 2) Be relieved of all normal duties as a police officer on their shift or division and be assigned to in-house or office duty until they have qualified with the Department issue firearm. It will be up to the officer who is not qualified to 26 make arrangements with a range officer to become qualified. If, after one week from the original qualification exercise, the officer still has not qualified, the officer will be placed on leave without pay until the officer is qualified. An officer who fails to qualify within a reasonable time period, as determined by Chief of Police and City Manager, shall be subject to further disciplinary action up to and including discharge. 36. WAGES 36A. Employees will be eligible for a 1 – 4 % merit increase based on annual performance review. Employees at the max of their wage range will not be eligible for a merit increase but will receive a one- time 1 – 4 % bonus payout based on their annual performance review. 36B. The City will complete a salary survey every three (3) years. 36C. Union contract will be for three (3) years and will be opened annually for wages only thereafter, with negotiations commencing before the budget process each year. 37. CHECK OFF The Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 38. UNION BUSINESS AND REPRESENTATIVES 38A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 38B. Upon receiving forty-eight (48) hours’ notice, the City shall excuse all employees in the bargaining unit, except one scheduled full-time dispatcher, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to 27 handle calls in the same manner as are handled during meetings called by the City, including FOP meetings. Off duty employees attending such meetings shall do so on their own time. 39. BUSINESS AGENTS Authorized agents of the Union, after having notified the Chief of Police, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on-duty hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 40. LONGEVITY 40A. Regular employees shall be eligible for longevity pay based upon length of service with the City of Brookings. Length of service shall be the full number of years of service as of the anniversary date of the employee’s employment. Years of service must be continuous years of service. 40B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hours’ payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that the anniversary of their hire date falls. 40C. The amount of longevity pay shall be paid at the rate of $5.50 per month per year after completing five (5) years of continuous full-time employment. 41. DURATION This Agreement shall be in full force and effect from January 1, 2022, to and including December 31, 2024, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 2024. Only wages will be opened annually, with negotiations commencing before the budget process each year, unless other sections are mutually agreed upon to open. 42. REOPENER When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the final contract year advising that said party desires to revise or change terms or conditions of said Agreement. 28 CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 City Manager Principle Officer/President Date Business Agent (James Heeren) Date 29 APPENDIX A OFFICIAL SALARY SCHEDULE AND COVERED POSITIONS POLICE CONTRACT FOR 2022 Explanation of Schedule There is an open salary range for every position classified as a salary grade that defines the minimum and maximum salary for the position. Non-exempt employees’ hourly rate will be calculated by taking their annual salary divided by the number of worked hours in a year (2080). New employees will normally be hired at the minimum of the salary grade in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of twelve (12) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate their ability to perform their duties. If employee does not satisfactorily demonstrate their ability to perform their duties by the end of the probationary period, the employee may be terminated or the probationary period extended up to an additional twelve (12) months with a determination of pay increase held until the expiration of that extension. In accordance to this agreement and upon completion of the probationary period, the probationary employee may be reclassified to regular full-time. Covered Positions Title Grade Patrol/Police Officer 25 Community Service Officer 22 Communications Operator (Dispatcher) 20 Evidence Technician 19 CITY OF BROOKINGS POLICE LABOR CONTRACT 20221-242 INDEX Article Title Page Article 257 ....................Alcohol, Drug Abuse & Addiction ............................................... 15 Article 4 ......................Bonds .............................................................................................. 2 Article 224 ....................Break Time .................................................................................. 11 Article 67 ......................Bulletin Boards .............................................................................. 3 Article 3943 ....................Business Agents ...................................................................... 278 Article 1921 ....................Call-In & Duty Assignments Outside of Regularly Scheduled Hours .. 10 Article 3741 ....................Check Off ................................................................................. 267 Article 101 ....................Citizen’s Complaint ....................................................................... 5 Article 135 ....................Committee for Union-Management Cooperation ........................ 6 Article 202 ....................Compensation Time .................................................................... 11 Article 124 ....................Court Pay ....................................................................................... 6 Article 910 ....................Discharge or Suspensions ............................................................. 4 Article 416 ....................Duration .................................................................................... 279 Article 2730 ....................Professional Development and Educational Leave .................. 17 Article 346 ....................Firearms ...................................................................................... 24 Article 357 ....................Firearm Qualification .................................................................. 25 Article 89 ......................Grievance Procedure .................................................................... 3 Article 16B..................Hiring Procedure ............................................................................. 9 Article 2931 ....................Holidays .................................................................................... 19 Article 168 ....................Insurance ....................................................................................... 9 Article 45 ......................Liability Coverage .......................................................................... 2 Article 404 ....................Longevity ..................................................................................... 27 Article 3 ......................Management Rights ........................................................................ 1 Article 78 ......................Military Leave ............................................................................... 3 Article 246 ....................Miscellaneous ........................................................................... 134 Article 179 ....................Pay Periods.................................................................................... 9 10 Article 157 ....................Pensions ........................................................................................ 9 Article 39 ....................Political Activity............................................................................. 26 Article 279 ....................Professional Development and Educational Leave ..................... 17 Article 235 ....................Promotions ................................................................................. 12 Article 1 ......................Recognition ..................................................................................... 1 Article 427 ....................Reopener................................................................................... 279 Article 12 ....................Reprimand....................................................................................... 6 Article 45 ....................Safety Policy .................................................................................. 29 Article 312 ....................Schools & Training ...................................................................... 21 Article 146 ....................Seniority (Personnel Policies) ....................................................... 7 Article 2 ......................Separability and Savings Clause ...................................................... 1 Article 213 ....................Shift Differential .......................................................................... 11 Article 268 ....................Sick Leave .................................................................................... 15 Article Title Page Article 2835 ....................Special Leave ............................................................................. 18 Article 56 ......................Stewards ....................................................................................... 2 Article 324 ....................Travel and Expense ..................................................................... 23 Article 335 ....................Uniforms and Equipment ............................................................ 23 Article 3842 ....................Union Business and Representatives.................................... 2628 Article 302 ....................Vacations ..................................................................................... 20 Article 38 ....................Vehicles ......................................................................................... 26 Article 3640 ....................Wages........................................................................................ 267 Article 113 ....................Work Rules .................................................................................... 6 Article 1820 ....................Work Week ............................................................................... 10 1 CITY OF BROOKINGS - POLICE LABOR CONTRACT THIS AGREEMENT made and entered into this 1st day of January, 20220, by and between the City of Brookings, South Dakota, hereinafter referred to as the “Employer or the City” and the Teamsters Local Union No. 120, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the “Union”. 1. RECOGNITION 1A. The employer hereby recognizes the Union as the sole collective bargaining representative pursuant to SDCL 3-18, for all the employees employed by the Employer in the following described unit: 1A.1 All regular full-time employees employed in the Police Department of Brookings, South Dakota as stipulated in Appendix A., including Patrol Officers, Sergeants, Investigators, Communication Operators, Police Clerk, Animal Control Officer, excluding the Chief, Assistant Chief, Lieutenants, Communications Commander, part-time personnel and all other City employees. 1B. As used in this contract, where appropriate, the masculine includes the feminine, and the singular includes the plural (and vice versa). 2. SEPARABILITY AND SAVING CLAUSE If any provision of this Agreement is in contravention of the laws or regulations of the United States or the State of South Dakota, such provisions shall be superseded by the appropriate provisions of such regulation; so long as the same is in force and effect, but all other provisions of this Agreement shall continue in force and effect. 3. MANAGEMENT RIGHTS 3A. The Union recognizes the prerogatives of the City Manager and City Council of the City to operate and manage its affairs in all respects in accordance with its responsibility and the powers of authority which the City has not officially abridged, delegated, or modified by this Agreement, and such powers and authority are retained by the City. 3B. These management rights include, but are not limited to the following: 3B.1 To utilize personnel, methods and means in the most appropriate and efficient manner possible; to manage and direct the employees of the City; to hire, schedule, promote, transfer, assign, train, or re-train employees in positions with the City, and to suspend, discharge or take positions with the City, and to suspend, discharge or take other 2 appropriate action against employees for just cause; 3B.2 To determine the size and composition of the work force, to eliminate or discontinue any job or classification and to lay off employees for lack of work or lack of appropriate funds; 3B.3 To determine the objectives of the City and the method and means necessary to efficiently fulfill those objectives, including transfer, alteration, curtailment, or discontinuance of any service; the establishment of acceptable standards of job performance; (this shall not include the establishment of a quota system); the purchase and utilization of equipment; and the utilization of seasonal and part-time employees, as long as no full-time employees are laid off; 3B.4 To provide reasonable standards and rules for employees; and 3B.5 To determine the method of fulfillment of the objectives of the City, whether by its employees or by contracting or subcontracting with respect to all of the City’s services. 4. BONDS Should the Employer require an employee to give bond, all premiums of such bond will be paid by the Employer. 5.4. LIABILITY COVERAGE The Employer shall continue in affect the insurance coverage relating to claims against the City and City Employees. The Employer retains the right to change insurance carriers or otherwise provide for insurance coverage. The minimum coverage under this policy shall be $300,000.00. If qualified immunity is eliminated for Law Enforcement Officers, the City agrees to increase the minimum coverage from $300,000 to $700,000. 6.5. STEWARDS 56A. The City recognizes the right of the Union to designate stewards. The job stewards so designated shall perform the following duties: 56A.1 Investigation and presentation of grievances to Employer or the Employer representative in accordance with the provisions of this Agreement; 56A.2 Serve bargaining unit employees by explaining the purpose and content of an existing contract. The City shall direct such inquiries by bargaining unit employees to job steward(s). The stewards shall be permitted a reasonable time, as time permits, to conduct necessary Union business 3 of presenting, processing and investigating grievances, during working hours without loss of pay, provided that it does not interfere with the 4 efficient operation of the Department, which determination shall be in the discretion of the duty supervisor, and provided that the steward’s supervisor(s) is advised in advance of the absence. Such time on such necessary Union business during duty hours shall not be deducted in the computation of monthly overtime. 7.6. BULLETIN BOARDS The Employer agrees to provide adequate space on its bulletin boards for Union business notices. Union space will be allocated. 8.7. MILITARY LEAVE 78A. Regular full-time employees serving in the Military Reserve, National Guard or Naval Militia will be granted paid leave of absence when they are called out for active service. They shall be paid a pay supplement by the City so that the supplement combined with their service pay shall equal their regular rate of pay from the City up to a maximum of two weeks per calendar year. If such service exceeds two (2) weeks, the City will not supplement the pay beyond the initial two-week period. There will be no loss of seniority, and employees may utilize vacation leave. Service pay shall include quarters allowance, in addition to base pay. 78B. Medical benefits will be extended for thirty (30) days for all Military personnel called to active duty. 78C. All applications for military leave must be approved by the Chief or his designee. The request must be accompanied by a signed copy of the military orders. 9.8. GRIEVANCE PROCEDURE 89A. Grievances are herein defined to be disputes involving the interpretation of this Agreement. 89B. Employees are encouraged to attempt to resolve grievances with his or hertheir supervisor. Failure to resolve the grievance with the supervisor, employees are encouraged to attempt to resolve the grievance with the Chief of Police. 89C. Failure to resolve the grievance with the supervisor or Chief of Police, the grievance shall be reduced to writing and submitted to the City ManagerHuman Resources Director and the Local Union within ten (10) calendar daysworking days following the day on which the grievance occurred or within ten (10) working days of knowledge of the occurrence. The written grievance shall contain the alleged violation and relief requested. The grievance shall be signed by the aggrieved employee or a representative of the Local Union. An employee 5 may have a steward and/or business representative present at any step of this procedure. Within ten (10) working days, the City Manager or his or hertheir designee shall meet with the grievant and the Local Union. At this meeting, 6 all available evidence shall be afforded to both sides. 89D. Failing settlement at that level, the matter may be appealed to the Department of Labor and Management pursuant to SDCL 3-18-15.2. The appeal must be initiated by the employee or the Local Union within thirty (30) calendar days. No grievance shall be entertained or processed unless it is submitted in accordance herewith. If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed within the specified time limit or any agreed extension thereof, it shall be considered withdrawn. In all cases involving disciplinary, the employee and/or the Union may elect to commence the grievance procedure at the level of the Chief of Police or City Manager. 89E. Time limits may be extended by mutual agreement. 89F. The Union has the authority to abandon a grievance. Abandonment of a grievance shall not set a precedence. 10.9. DISCHARGE OR SUSPENSION 910A. The Employer shall not discharge, suspend, or discipline any employee without just cause, but in respect to discharge shall give at least one (1) warning notice of a complaint against such employee to the employee in writing and a copy of the same to the Union, except that no warning notice need be given to an employee before he is discharged or otherwise disciplined if the cause of such discharge is: 910A.1 Dishonesty; 910A.2 Drinking of, presence of alcohol on their person, or under the influence of alcoholic beverage or narcotics during the work shift. An individual will submit to a portable breath test if the presence of alcohol is suspected. In the event PBT shows positive, employees shall be offered the opportunity to submit to a blood test and the expense of the blood test will be upon the City if the results are negative and upon the employee if results are positive; 910A.3 Personal possession or use of illegal drugs; 910A.4 Recklessness resulting in a serious accident while on duty; 910A.5 Failure to report an accident or criminal incident while on duty; 910A.6 Conduct which is unbecoming of an officer. 910B. It is understood that there are other offenses of extreme seriousness that an 7 employee will be discharged for without a warning letter. Depending upon the circumstances and upon just cause, a lessor discipline to include demotion, suspension, or any other appropriate disciplinary action, short of discharge, may in the discretion of the Department HeadChief of Police, be implemented. It is further understood that a warning notice shall mean that further disciplinary action up to and including suspension or dismissal may occur if the condition causing the issuance of the warning letter is repeated during the effective time of the warning notice. 910C. Time limitations of such warning letter shall be consistent and uniform among like incidents but in no instance, shall it be for more than eighteen (18) months from the date of the incident causing this issuance. 910D. Discharge must be by proper written notice to the employee and the Local Union. Any employee may request an investigation of this discharge. 9E. Any reprimand that can become part of an officer’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representatives present. 11.10. CITIZEN’S COMPLAINT Citizen complaints against officers shall be divided into two categories: non-criminal conduct and criminal conduct. Any citizen wishing to lodge a formal complaint against an officer shall be directed to the Office of the Chief of Policeappropriate Division Commander for determination of category and merit. The officer will be notified at a time appropriate based upon the circumstances of the investigation. 11.110.1 – Non-Criminal Complaints: Upon receiving a complaint and determining the complaint to be non-criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted internally by a command level officer designated by the Chief of Police or his designee, and may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 11.210.2 – Criminal Complaints: Upon receiving a complaint and determining the complaint to be criminal and having merit, an investigation into the circumstances of the complaint shall be initiated. The investigation shall be conducted either internally by a command level officer, or by investigators from outside agencies so as to avoid any conflict of interest issues as chosen by the Chief of Police or his designee. The investigation may include interviews, statements, audio or video recordings and any other pertinent information from all persons associated with the investigation. 11.310.3 – Determinations and Findings: Upon completion, the investigation 8 summary shall be forwarded to the Chief of Police for review. The findings of the investigation shall be classified as follows: Sustained: The complaint is determined to be factual. Exonerated: The officer(s) did not commit the offense as stated. Unfounded: The allegation is false or not factual. Not Sustained: Not enough evidence to prove or disprove the allegations 9 were found. Dismissed: The complainant withdrew the complaint or failed to cooperate with the investigation. 11.410.4 – Final Action: If upon completion of the investigation the complaint is sustained, the Chief of Police shall initiate the proper disciplinary action consistent with the City of Brookings Police Labor Contract and the policies of the City of Brookings and the Brookings Police Department. 11.510.5 – Officer Recourse: Any officer or employee who disputes either the findings of the investigation, or any associated disciplinary action resulting from the investigation, may protest the matter through the established Grievance Procedures of the City of Brookings Police Labor Contract and the Brookings Police Department. 12. REPRIMAND Any reprimand that can become part of an officer’s official record or result in suspension or discharge shall be given in writing to the employee affected, with a copy to the Union steward and shall be done at an appointed time with such employee having the right to have a Union steward and/or other Union representative present. 13.11. WORK RULES Department General Orders, Work Rules, and the Department Policy and Procedure Manual shall be reviewed by the Chief and City Manager to ensure that they continue to meet existing conditions. Management will notify all employees of work rule changes. 14.12. COURT PAY In the event an employee is required to make an off-duty court appearance, he/shethey shall be paid a minimum of two (2) hours at time and one-half (1 1/2) his/hertheir regular rate of pay. Each session of court, morning and afternoon, shall constitute a separate appearance if the officer is required to appear at both. Court time paid at time and one-half shall not be counted toward the officer’s eighty (80) hour bi-weekly schedule. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. 15.13. COMMITTEE FOR UNION - MANAGEMENT CO-OPERATION 135A. The parties recognize that during the period in which this agreement is in effect, problems of administration of this Agreement may arise which are not anticipated by either part. They also recognize that during such period more mutually constructive and productive relationships are likely to exist between the City and the Union and among both management and non-management 10 employees, if both the City and the Union continue to enlarge their respective 11 efforts to gain a better appreciation and understanding of the others problems and objectives. They recognize that frequently what first appears to be problems or areas of conflict and disagreements, are actually the result of misunderstanding which are cleared away upon a complete and frank exchange of viewpoints and ideas. They believe that even though limitations are being placed upon formal collective bargaining negotiations through the extended period of this Agreement, a better atmosphere in which they both desire, can be created through meetings of the kind described below: 135B. Once each month or as needed, meetings may be held during the term of this Agreement of the committee formed as part of this Article. It is understood that such meetings will be held for the purpose of appraising and discussing the problems, if any, which arise concerning administration, interpretation or application of the Agreement or other matters which either party believes will contribute to the improvement in the relations between them within the framework of this Agreement. It is understood that such meetings shall not be for the purpose of handling grievances or conducting collective bargaining negotiations nor for any purpose which in any way will modify, add to, or detractor detract from the provisions of this Agreement. In agreeing to such meetings, themeetings, the parties are providing concrete evidence of their sincere desire to encourage friendly, cooperative relationships between their respective representatives at all levels, and with and between all employees covered by this Agreement and to find ways to overcome difficulties, influences, or attitudes which interfere with such relationships. 135C. This committee shall also consider handling problems concerning the safety of working conditions. Each of the parties recognize the importance of protecting the health, life, and a limb of employees and the City will make every reasonable effort to improve conditions that promote health and safety among City Employees. This committee may make recommendations respecting conditions which in its opinion would make working conditions more safe. 135D. The committee shall be composed of two (2) members designated by the Union and two (2) members designated by the City. Any recommendations must be adopted by a majority of the committee. 16.14. PERSONNEL POLICIES 1416A. SENIORITY 1416A.1 Seniority rights for employees shall prevail. Seniority shall be defined as the total length of continuous service with the Employer, since the employee’s last date of hire in the Police Department bargaining unit. 1416A.2 New employees will be considered probationary employees for twelve (12) months from the date of employment. Should a probationary 12 employee be absent from the job for an approved leave without pay, the probationary period will be extended to enable employees to complete their full probationary period. 1416A.3 During the probationary period, employees shall have no seniority status, and may be laid off or terminated at the sole discretion of the City without regard to length of service. When an employee completes his/hertheir probationary period, his/hertheir seniority date shall revert back to his/hertheir original date of hire. 146A.4 On January 1 of each year, the employer shall post a current seniority list and shall submit a copy to the Union. Seniority will be classified as follows: a) All sworn personnel; b) All non-sworn personnel; 146A.5 Employees hired from non-sworn to the sworn classification or vice versa, shall maintain their seniority for the amounts of vacation but shall go to the bottom of the list in the new classification for all other purposes. Part-time employees obtaining full-time positions shall be considered as a new hire for all purposes. 146A.6 Seniority and employment relationship shall terminate when an employee: a) Quits; b) Is discharged for just cause; c) Is retired. 146A.7 All scheduled or otherwise anticipated overtime shall be offered by seniority to qualified available personnel unless such overtime requires a special skill or is in accordance with the employee completing an assigned regular shift. Management reserves the right to offer or immediately assign overtime resulting from unexpected, unforeseen, or emergent circumstances without consideration of seniority. It is understood that all overtime must be authorized by the Chief of Police, or designee. 146A.8 Vacation will be granted on a first come – first serve basis. In the event vacation is requested at the same time by more than one employee for the same time period, seniority provisions shall prevail. 146A.9 In the event of a layoff, the last employee hired shall be laid off first in the sworn and non-sworn classifications as long as the employees retained are qualified to perform the job. In recalling employees, they shall be recalled in reverse order of lay-off in respective classifications. 13 16B. HIRING PROCEDURES The following shall set forth the general procedures for hiring police officers in the City of Brookings: 16B.1 In the event of an opening within the bargaining unit by virtue of the City Manager granting approval to fill a vacancy in the Brookings Police Department, or to add additional police officers, a Notice of Job Opening shall be posted at City Hall and within the Police Department. 17.15. PENSIONS Retirement benefits shall remain as now provided, but they shall not be in any manner reduced or lessened during the period of this contract, unless the changes are beyond the control of the City. 18.16. INSURANCE 168A. The City offers group health, dental, vision, accident, and life insurance options for all full-time employees in the bargaining unit and their dependents electing to be covered by such insurance. The City shall pay 85% of the group health coverage; 75% of the single dental and vision insurance premium portion for all levels of dental and vision insurance; and 100% of the total cost of the group life and AD&D insurance plan for employees. In order to earn the payment of insurance premiums for a given month, the employee must work or use paid leave for at least 50% of the hourshours’ payable in the payroll month. 168B. If any employee is covered under the City health insurance plan either by spouse or dependent coverage, they will not be permitted to be covered by an individual policy also with the City.If husband and wife are both employed by the City of Brookings, the City shall provide only one or the other with health insurance coverage. The one not covered may be named as dependent. 168C. Upon receipt of notification by the insurance carrier that changes are needed, the City will, in turn, notify the Union for purposes of soliciting comments and suggestions. 168D. All employees, with a full-time hire date prior to January 1, 2010, who are eligible to begin receiving the South Dakota Retirement System benefit who retire early or have been approved for the SDRS disability benefit within 30 days of effective date of resignation from the City of Brookings, are eligible for 50% payment of the total cost for the retiree group health and life insurance plan offered by the City as outlined in the City insurance policy in accordance with current Insurance policy provisions with no required minimum years of continuous full-time service with the City of Brookings. All employees with a full- 14 time hire date of January 1, 2010 and thereafter, however, must pay 100% of the total cost for the retiree group health and life insurance plan offered by the City. All employees with a full-time hire date of January 1, 2010 and 15 thereafter, must have a minimum of three (3) years of full-time continuous service with the City of Brookings immediately prior to retirement to be eligible for the City retiree group health and life insurance benefits. The retirement insurance benefit will not continue beyond age 65 and will end prior to age 65 if the retiree becomes eligible for Medicare. 19.17. PAY PERIODS All employees covered by this Agreement shall be paid in the same manner as all other City employees are paid, on a monthly pay period. 20.18. WORK WEEK 1820A. Employees shall be paid for all time spent in the employ of the Employer. 1820B. Employees shall be compensated at the rate of time and one-half for all hours required to work prior to and/or beyond scheduled shift (excludes shifts of less than 8 hours per day); on a scheduled day off; or in excess of forty (40) work hours per week for office personnel and dispatch; or in excess of eighty (80) hours in a two-week period for police officers. Occasional periods when no work is performed due to vacation leave, sick leave, holidays, and/or other benefit leave, will not be used in the computation of overtime. Employees shall be allowed to trade shifts if it is approved by the shift supervisor. If trading of shifts results in required payment of overtime based on FLSA guidelines, the trade will not be allowable or approved. 1820C. Full-time clerical employees shall be scheduled Monday through Friday and Saturdays and Sundays off except for temporary, unusual or emergency situations. 1820D. Employees required to work when their shift commences on Easter Sunday shall be compensated with five (5) additional hours of straight time pay. 1820E. Pyramiding of overtime will not be allowed. 1820F. The City agrees during the term of this contract to continue its policy regarding the replacement of employees at shift change. 1820G. Part-time employees shall be scheduled as needed. 21.19. CALL-IN Employees who are requested to report for work during hours when they are normally scheduled to be off shall receive time and one-half (1 1/2) for a minimum of two (2) hours for work performed. The employee shall report to the ranking supervisor, up to Lieutenant, on duty to perform any additional duties necessary in an attempt to work 16 for the entire minimum period. This minimum shall not apply to work performed within two hours prior to or two hours following an employee’s regular work shift. In the event the employee is on vacation, the employee may elect to take compensation time to be credited back to vacation in lieu of monetary compensation. If employee chooses not to work for the entire minimum period, the employee shall be compensated only for the hours actually worked. DUTY ASSIGNMENTS OUTSIDE OF REGULARLY SCHEDULED HOURS Employees with special duties outside of their regularly scheduled hours will be compensated a minimum of two (2) hours at their overtime rate of pay or compensation time. Clarification of special duties may include, but is not limited to, reserve coordinators, certification instructors (such as Fire Arms, Tasers, Radar, DUI, etc.) School Resource Officers, Safety Town, Field Training Officers, and Communications Training Officers. 22.20. COMPENSATION TIME Employees at their discretion shall be entitled to be paid for overtime at the rate of time and one-half (1 1/2) or designate comp time upon approval of Lieutenant in lieu of pay at the rate of time and one-half (1 1/2) for each hour of overtime. The maximum allowable carryover from one calendar year to the next is forty (40) hours for both sworn and non-sworn personnel with the exception of designated active certified Communication Operator Trainers and Field Training Officers, who will be allowed to carry over eighty (80) hours from one calendar year to the next. 23.21. SHIFT DIFFERENTIAL 213A. Full-time employees working scheduled to work between 6:00 P.M. and 7:00 A.M. shall be paid an additional ninetyeighty cents ($.9080) per hour for time worked between those hours. 213B. Full-time employees working scheduled to work from 6:00 P.M. Friday until 7:00 A.M. Monday and all hours worked during a city recognized holiday shall receive ninetyeighty cents ($.980) per hour additional. 24.22. BREAK TIME 224A. Employees who are scheduled to work an eight (8) hour shift shall be granted a twenty minute paid break during the first four (4) hours, and a twenty minute paid break during the second four (4) hours of their shift. Employees who are scheduled to work a ten (10) hour shift shall be granted a twenty-five minute paid break during the first five (5) hours, and a twenty-five minute paid break during the second five (5) hours of their shift. Employees who are scheduled to work a twelve (12) hour shift shall be granted a thirty minute paid break during the first six (6) hours, and a thirty minute paid break during second six (6) hours of their shift. 17 18 224B. Dispatchers will not be allowed to leave the Police building, to include designated smoking areas, during their breaks unless there are at least two dispatchers on at that time. However, if the supervisor on duty deems it necessary, dispatchers will be required to remain in the building even when there are two on during a shift. 224C. Employees filling out reports shall be allowed coffee or soft drinks while performing this work without it being considered a break, as long as the amount of time is reasonable. 224D. Employees shall be allowed to combine break periods for a total of forty (40) minutes during an eight (8) hour shift, fifty (50) minutes during a ten hourten- hour shift, and sixty (60) minutes during a twelve hour shift. 224E. Rest periods may not be accumulated for time off or used to leave work early, and are not guaranteed if missed because of operational requirements. 25.23. PROMOTIONS 235A. Promotion to positions within the sworn personnel in the bargaining unit shall be filled from lists of employees and personnel obtained through open and competitive written examinations, oral interview, seniority and education. Such examinations shall be on the basis of openings contemplated and shall be conducted by the City of Brookings after advertisement of the fact of giving such examinations and the terms in respect to grading and other relevant matters. 235B. In the event of retirements, resignations, and other terminations of employment wherein the position involved is not eliminated, and cash payment is made for accumulated benefits, the City reserves the right to delay filling the position until such time as the savings from such a delay equals the total amount of cash payment. 235C. Service requirements for the position of Sergeant require a minimum of three (3) years’ experience as a law enforcement officer. including two (2) years with the Police Department of Brookings, South Dakota. 235D. In the event there are no qualified employees with the required service time, consideration shall be given to those employees who are qualified, but have not achieved the service requirement. 235E: A written test shall be administered and shall count up to twenty (20) points. Candidates receiving fourteen (14) points or more, a minimum equivalent of 70% of correct answers, on the written test shall be selected for an oral interview with an interview panel established by the Chief of Police. The oral interview shall count up to forty-five (45) points. Oral Interview points shall be determined by calculating the composite score from a Police Department 19 interview questionnaire and the score of the Human Resource Critical 20 Competencies battery. 235F. The most recent annual evaluation shall count up to ten (10) points. 235G: Training shall count (1) point for each 20 hours of certified training up to fifteen (15) points, excluding the twelve (12) week certification school and other training required by the State of South Dakota. Certified training is that training reported on the South Dakota Law Enforcement Training Personnel Profile Report. Training hours received after the promotion application deadline shall not be considered in calculating training points. Education shall count (2) points for an Associate Degree, three (3) points for a Bachelor Degree, and four (4) points for an Advanced Degree. One (1) point shall be counted for sixty (60) or more college credit hours earned from an accredited institution, but no degree received. Transcripts shall be required to verify credit hours earned. 235H. Seniority shall count one (1) point per year to the maximum of ten (10) points. 235I: A composite score shall be calculated from the oral interview, evaluations, education and training, seniority and test scores. Candidates with a composite score equal to or greater than 75% of the maximum composite score shall be eligible for selection to an interview by the City Manager and the Chief of Police. The maximum composite score shall be 104 points. Candidates receiving 78 points or more shall be considered an eligible candidate. Written Test: 20 Oral Interview: 45 Training: 15 Education: 4 Evaluation: 10 Seniority: 10 Upon completion of the final interview, the Chief of Police, in consultation with the City Manager, shall have full discretion in selecting an eligible candidate for promotion. Final approval of the selection must be made by the City Manager with the decision based on seniority, skills, ability, job performance, and qualifications. If skills, ability, job performance, and qualifications are relatively equal, then seniority shall be the determining factor. 235J. All job descriptions to include any changes will be posted. 235K. Upon written request, officers shall be given their written test score results. 235L. Permanent promotions/transfers from a position or Department to a new regular full-time position in the same or different Department shall require the 21 transferred or promoted employee to serve a new probationary period not to exceed 90 days. 26.24. MISCELLANEOUS 246A. Employees may maintain residence outside the city limits. 26B. Employees may request time off without pay. 246C. In the event of an absence of a supervisor, the Chief of Police may designate an officer as acting supervisor to assume all duties of the absent supervisor. An employee that is designated as acting supervisor will accrue one half hour (1/2 hour) of compensation time (x1) for a full six (6) hour shift; one hour (1 hour) of compensation time (x1) for a full eight (8) hour shift; one and one-half (1 ½ hours (x1) for a full ten (10) hour shift; and two (2) hours (x1) for a full 12 hour shift to be utilized at a mutually agreed upon time as approved by his/her their supervisor and/or Chief of Police. Any employee desiring not to act as supervisor shall be allowed not to do so by advising the Chief of Police in writing. 26D. An accessible locker will be provided for the personal effects of dispatchers. 26E. A secure cabinet will be provided in the ladies’ restroom. 246F. The Police Building and all department vehicles will be non-tobacco including vaping with a designated smoking area being provided outside the southwest door of the department. 26G. The City will reimburse regular, full-time employees 50% of the monthly membership fee, up to a maximum of $25.00, at a locally accredited wellness/fitness center. To be eligible for reimbursement, the employee must present proof of attendance of an average of two (2) times per week or eight (8) times per month during that month which is to be reimbursed. The City will not participate in any way in initiation fees. 246H. SRT team members will be paid an additional $2.00 per hour of Hazard Pay when called out. SRT training hours are not included. 246I. The canine officer assigned to canine duty for the City of Brookings Police Department shall be compensated as follows: The following activities may be FLSA compensable time when performed during the canine handler’s “off-the-clock” hours: feeding, exercising, training, grooming, cleaning up after canine, and /or transporting the dog to and from an animal hospital or veterinarian. The canine handler’s normal workday would consist of 11 1/2, 9 1/2, or 7 ½ hours of normal duties depending on scheduled shift and ½ hour per day of FLSA compensable time to leave his/her their shift early, with the consent of the Chief, for care/handling of the canine. The ½ hour 22 of FLSA compensable time to leave early for care and handling of canine will be 23 factored into each work day, but if call load prohibits the canine handler from leaving early, the handler will accumulate ½ hour of FLSA compensable time that day to care for canine dog to be paid at OT or ½ hour accrued as comp time at the discretion of the handler. One-half (1/2) hour of FLSA compensable time for care and handling of canine dog will also be accumulated on regular days off and days utilizing benefit time if canine duties are performed by canine handler. The City and Union make the agreement in light of their consultations with the canine handler, and with specific reference to actual hours worked performing such duties. The City, the Union and the handler agree that the weekly total of compensated hours set forth above is reasonable and reflects the actual hours spent in canine care, as described above, with respect to all the pertinent facts related to care provided by the officer for the department’s canine dog, in the City of Brookings. The City agrees to pay for the boarding facility for one week annually while the canine officer is on vacation. The canine officer, however, shall not receive the above canine compensation for his/hertheir paid vacation hours for that week. When the Narcotics Canine is no longer capable of performing acceptable standards due to any of the aforementioned reasons, it shall be retired from service. Because the canine may have been purchased with funds other than those provided by Brookings Police Department, certain guidelines or stipulations will be made to turn the dog over to the handler, if they desire, or other prospective owner, if the prospective owner signs a release form acceptingform accepting all responsibilities for said dog. The dog’s ownership may be transferred to the dog’s handler by the handler paying a fee of one dollar for the dog. Once the patrol officer is no longer designated as the canine handler for thefor the City of Brookings Police Department, the canine compensation will end. 27.25. ALCOHOL, DRUG ABUSE AND ADDICTION EMPLOYEE ASSISTANCE PROGRAM 257A. The City complies with terms and protections of the Americans with Disabilities Act, including working cooperatively with employees who meet the definition of being a “qualified person with a disability” to identify and provide reasonable accommodations where necessary for the performance of the essential functions of the job. This includes qualified employees who have been diagnosed with alcohol use disorder and whose alcohol use does not adversely affect their job performance or conduct or pose an unreasonable safety risk, as determined by the City. The City does not tolerate the use by employees of illegal drugs, and such conduct will result in discharge from employment with the City.The City recognizes alcohol/drug abuse and addiction and other medical behavior problems as treatable illnesses. 24 257B. Employees’ job security or promotional opportunities will not be jeopardized by their request for assistance in problems relating to alcohol/drug abuse and/or addiction. 28.26. SICK LEAVE 268A. Sick leave is leave with pay granted to regular full-time employees who are suffering with an illness or disability which prevents them from performing their assigned duties. 268B. Sick leave may be earned by probationary and regular full-time employees. Sick leave begins to accrue at the rate of twelve (12) hours per month. Employees with a start date prior to January 1, 2013 may accumulate up to two thousand 25 eighty (2,080) hours of sick leave. Employees hired January 1, 2013 and thereafter, may accumulate up to a maximum of 1500 hours of sick leave. In order to earn the accrual of sick leave for a given month, the employee must work or use paid leave for at least 50% of the hourshours’ payable in the payroll month. 268C. Request for sick leave must be approved by the Department HeadChief of Police or their designee prior to the employee’s normal starting time for the day involved, unless, in the judgment of the immediate supervisor, the circumstances surrounding the absence made the reporting before normal starting time impossible. Upon returning to work, the employee shall notify his/hertheir supervisor of his/hertheir recovery. 268D. Leave request may not exceed the amount of leave accumulated. 268E. Sick leave shall be paid at the employee’s regular hourly rate and employees may use sick leave in no less than one-fourth (1/4) hour increments. 268F. The City reserves the right to require employees to submit verification from a medical practitioner of their reason for absence upon their return from three (3) consecutive sick days or where a pattern of frequent absences exist. The City may also require any employee afflicted with an illness or injury that may require work restrictions to present verification from a medical practitioner of their fitness to continue to work. 268G. Employees shall be charged for sick leave only for absence on days when they would otherwise work. 268H. Employees on unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 268I. Sick leave shall be granted to employees: 268I.1 when they are incapacitated for the performance of their duties due to illness to include birth of a child, injury, and injury not incurred in the course of their employment; 268I.2 for medical, dental, and optical examinations or treatments, provided the employee gives the City one (1) week notice of such appointment, except in cases of emergency; 268I.3 when an employee or ward child is sick or when a member of the immediate family is sick and requires the care and/or attendance of the employee during scheduled work hours; immediate family is defined as spouse, son or daughter, parent or spouse’s parent, brother or sister, grandchild, and dependent(s) residing in the employee’s home to include step- relatives in the same categories. After three consecutive 26 sick days, the 27 employee’s department headChief of Police and/or Human Resources Director, may require a doctor’s statement specifying the requirement of care and/or attendance. The cumulative amount of sick leave that can be utilized by any one employee within the calendar year for their spouse’s parent, brother and/or sister is 160 hours for calendar year 2013, 140 hours for calendar year 2014 and 120 hours for calendar year 2015 and thereafter. 268I.4 when, through exposure to a contagious disease, the presence of the employee at his/hertheir post of duty would jeopardize the health of others, provided, however, that sick leave for these purposes shall require a verification by a medical doctor’s certificate. 28I.5 for up to twenty (20) working days of paid sick leave for the adoption of a child and up to three working days of paid sick leave for the father employee of newborn child(ren) to assist with care and delivery. If employee is eligible for the provisions of the Family Leave Act, he/she can request additional time off without pay up to a maximum of 12 total weeks. Vacation accrual must be used to cover additional leave period, however. 268J. At the discretion of the Chief of Police, employees who cannot perform their regularly assigned duties may be assigned limited duty, which will not, as certified by a medical practitioner, aggravate the illness or disability. 268K. After ten (10) years’ service and upon termination of employment other than discharge, any unused accumulated sick leave will be paid at ten percent (10%) of the current base hourly rate and one percent (1%) additional for each year of service beyond ten (10) years, up to 1,500 hours maximum accumulated sick leave. 268L. All medical related incidents including reasonable travel time and recuperation time shall be chargeable toward sick leave. 29.27. PROFESSIONAL DEVELOPMENT AND EDUCATIONAL LEAVE The Department HeadChief of Police, with the approval by the City Manager, may grant educational leave to employees requesting leave for continuing education or training for durations of ten (10) working days or more. Approval of such leave, the length of time paid, and the amount of pay received, will depend on the directness of the relationship of the education or training to the duties of the employee and the projected needs of the City. An employee must have worked for the City for a period of two (2) years in order to qualify for educational leave. The employee must agree to return to work for a period of two (2) months for each month of educational leave taken. City shall make every effort to reschedule employees desiring to attend college classes either by allowing time off the shift or by employees trading shifts. Time off 28 shall be made up the same 29 day or at a mutually agreed time. An employee requesting to attend college classes which may interfere the employee’s work schedule will be reviewed on a case by case basis by the Dept. Manager, Human Resources Director, and City Manager. A determination will be made to determine if request will be approved or denied based on potential problems associated with being away from work, and need for educational growth in the City of Brookings relative to major being pursued. 30.28. SPECIAL LEAVE 2830A. Leave With Pay - The Department HeadChief of Police will grant a leave of absence with pay to regular full-time employees for the following reasons and with these restrictions applied: 2830A.1 Funerals – The City will permit regular full-time employees to be absent from work, without loss of pay, based on his/hertheir regular straight time pay for three (3) basic scheduled work days to arrange for and attend the funeral of the immediate family or a relative. Immediate family for bereavement leave includes the following: Spouse, parents, son, daughter, brother, sister, legal guardian, grandparents, grandchildren, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in- law, or sister-in-law. The bereavement benefit will also be granted for step-relatives in these same categories. Pay shall be granted twelve (12) hours for employees on twelve (12) hour shifts, ten (10) hours for employees on ten (10) hour shifts, and eight (8) hours for employees on eight (8) hour shifts. Additional time may be charged to vacation or sick leave at the discretion of the Chief. In the event of a funeral of a relative outside of the aforementioned, or a close friend, the employee may take a reasonable amount of time off with pay to be charged to vacation or sick leave. Bereavement leave may be used during the employee’s probationary period and used in no less than one-fourth (1/4) hour increments. 30A.2 Voting - Any employee eligible to vote at any election held within the State of South Dakota shall, on the day of such election, be granted time to go to the polls if his/her duties on that day would otherwise prevent him/her from voting before or after regular working hours. 2830A.3 Jury or Court - If any employee is called for jury duty, he/shethey shall continue to be paid at his/hertheir regular rate. Upon returning to work, theyhe/she shall reimburse the City for the amount received for jury duty for each day of absence from work. Vacation and sick leave will continue to accrue for the time that is spent on jury duty. 30 2830B. Leave Without Pay – Regular full-time employees may request and may be granted a leave of absence without pay for personal reasons up to a maximum of 6 continuous months (not to include FMLA leave taken), subject to the approval of the Chief of Police, Human Resources Director and City Manager, and providing all vacation and/or sick leave has been exhausted. 2830B.1 Leave without pay must be requested in writing stating the circumstances in full as to why such leave is requested. This request must be submitted to the Chief prior to the leave. 2830B.2 The request will be considered on the basis of the present workload or anticipated workload, and the circumstances of the request. 2830B.3 In a case of a declared disaster or emergency situation, regular full-time employees may request up to 15 work days off without pay per calendar year to assist in other areas if appropriate documentation is presented to substantiate the need for such leave. Such time off would not affect the accrual of benefits for the month. 31.29. HOLIDAYS 2931A. It is the policy of the City of Brookings to afford all regular full-time employees ten (110) paid holidays each year. The City recognizes the following holidays: New Year’s Day Veteran’s Day President’s Day Thanksgiving Day Memorial Day Juneteenth Christmas Day Independence Day Native American Day Labor Day Martin Luther King Day Allows for one paid Floating Holiday each year. The Floating Holiday must be used within the calendar year at management approval. The holiday does not qualify for payment if not used. 2931B. “Holiday pay” shall be defined as eight (8) times the straight time hourly rate and cannot be used in increments of less than 8 hours. 2931C. Employees who are scheduled to work, and who work, one of the above city recognized holidays will be compensated for holiday pay (as defined above in 31B) for that specific holiday and overtime pay (time and one-half) for all hours actually worked. 2931D. Employees will only receive overtime pay (time and one-half) if the holiday falls on the day as their shift starts. 31 2931E. Employees who are on a regularly scheduled day off or on a paid leave of 32 absence when one of the above city recognized holidays occur, will be allowed to bank the holiday for use at an alternate agreed upon time within one (1) year of the specific holiday for which it was earned. In the event the employee would normally be scheduled for a ten (10) or twelve (12) hour shift, the employee will be allowed to supplement this day with comp time or vacation leave in order to total ten hours of leave at the time the leave is taken as applicable. This day shall be mutually scheduled with the Chief. 2931F. Employees on vacation when one of the above city recognized holidays occur, will receive holiday pay for that specific holiday and will not be charged for that day as vacation time. 2931G. Holidays shall be observed on the actual day they fall except clerical employees shall observe them on the day as all other City employees do unless otherwise approved in advance by the Chief of Police. 2931H. An employee scheduled to perform work on a designated holiday who does not report and is not excused will forfeit the holiday. Further, to qualify for the above holiday provisions, the employee must work their last full scheduled shift preceding the holiday or their first full scheduled shift following the holiday to beto be paid the eight (8) hours of recognized holiday pay. This holiday provision does not eliminate overtime pay (time and one-half) for actual hours worked during a holiday. If the employee utilizes sick leave for any of the aforementioned shifts, the supervisor may require a doctor’s certification for the date(s) absent. 2931I. An employee who is on unpaid leave of absence or suspension without pay will not be eligible for holiday pay for a designated holiday observed during the leave of absence or suspension. 32.30. VACATIONS 302A. Vacation leave for all eligible employees for each vacation year is based upon length of service. In order to earn the accrual of vacation, the employee must work or use paid leave for at least 50% of the hourshours’ payable in the payroll month. 302B. Employees shall accrue vacation in accordance with the following schedule: Date of hire through five years - 6.67 hours per month After five but less than 10 yrs of service - 10.00 hours per month After ten but less than 20 yrs of service- 13.33 hours per month After twenty years of service - 16.67 hours per month Vacation leave shall be earned on the 15th of the month and credited to the employee on the pay day of that month, provided all other necessary provisions of the article have been met. Said vacation leave shall not be available to the 33 employee until the day following payday. 302C. Employees have the opportunity to use vacation leave in one-fourth (1/4) hour increments at the discretion of the Department HeadChief of Police. Employees may accumulate up to two hundred eighty (280) hours of vacation leave. 302D. Employees granted unpaid leave of absence in excess of one-half month will not accrue any leave for that month. 302E. Employees will not receive additional vacation time off due to illness or disability occurring while on vacation unless special circumstances in the opinion of the immediate supervisor would warrant a change. 302F. Request for vacation leave must be approved by the employee’s Chief of Police department heador designee prior to that time of departure and vacation will be paid at the employee’s regular hourly rate. Leave requests shall not exceed the amount of leave accumulated. Requests for vacation leave that will result in the department being below the required minimum staffing must be requested ten (10) days prior to taking such leave. 302G. Employees who are laid off or discharged, who resign or retire after giving two weeks noticeweeks’ notice to the City, or who are called to military service, shall receive payment of such vacation time as is due them, computed on a pro rate basis according to the time worked during the current year. Cash payments in place of vacation privileges are not permitted. 302H. Vacation leave can be taken during foul and dangerous weather, travel during which is hazardous and not recommended by local authorities. This leave will be granted with the approval of the Chief of Policedepartment head or designee. 302I. Employees requesting vacation leave shall be notified that their request has been granted or denied in a timely manner. If the notice of grant or denial has not been timely, the employee may contact the Police Chief directly for such determination. 33.31. SCHOOLS AND TRAINING 313A. The employer agrees to budget for job related education and training Local training opportunities shall may be listed on the patrol room electronic display. The Chief or their designee will determine which employees will attend schools or training. Training opportunities will be based on the needs of the Department. In determining which employees may attend, consideration of specialized classifications, seniority, budget, and the program’s relevance to the police department’s overall training plan will be considered. 34 313B It shall be the responsibility of each employee to provide verification of 35 completion of the above training to the City to be placed in their records. Training completed prior to January 1, 1987, shall be limited to that which is presently recorded with the Law Enforcement Training and Standards Commission. Each employee, upon request, shall be entitled to review their personnel file. 313C. Employees who attend authorized training outside of the department will be compensated for a maximum of eight (8) hours per day on those days they are attending training, unless otherwise approved in advance by Chief of Police, based upon FLSA guidelines. Employees who would normally be scheduled to work ten (10) or twelve (12) hour shifts on days they are in training will be allowed to supplement the eight (8) hours with two (2) or four (4) hours of vacation or comp time. 313D. All mandatory training scheduled outside the individual employee’s regular shift will result in the officer being afforded comp time in accordance with this Agreement. 313E. Police Officer employees, upon hire, shall be required to sign an agreement, in the event of resignation, for reimbursement for cost of wages, transportation, testing expenses, and benefits to include insurance, FICA, and retirement while completing Field Training and Academy attendance at a reimbursement rate of 75% if resignation is within the first year of employment and 50% if resignation is within the second year of employment. If a new officer is hired and is a certified Law Enforcement Officer in the State of South Dakota, they will not be required to sign an employment agreement. 313F. The City agrees to provide for field training certification. The maximum number of certified FTOs will be at the discretion of the Chief of Police. Officers may apply for the position of FTO once they have served for three (3) years with the Brookings Police Department. Officers with two (2) years experienceyears’ experience with the Brookings Police Department and a minimum of one (1) year experience with another law enforcement agency are also eligible to apply. Selection of Field Training Officers will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as an FTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. Final selection will be made by the Chief of Police. Employees certified as a field training officer (FTO) who are engaged in training new recruits as part of the Field Training Program will accrue one-half hour of compensation time (x1) for each 6 hours of training provided; one hour of compensation time (x1) for each 8 hours of training provided; one and on-half hours of compensation time (x1) for each 10 hours of training provided; and two hours of compensation time (x1) for each 12 hours of training to be utilized at a mutually agreed upon time as approved by his/hertheir supervisor and/or Chief of Police for the training provided. 36 313G. The City agrees to provide for training/certification communication operator trainers. The maximum number of certified CTOs will be at the discretion of the Chief of Police. Selection of the Communication Operator Trainers (CTO) will be made based on Knowledge, Skills, Abilities and Seniority of the personnel interested in serving as a CTO. The process may include a review of the employee’s training and annual evaluation records and a personal interview. Final selection will be made by the Communication Commander and Chief of Police. Employees certified as a communication Training Operator (CTO) who are engaged in training new recruits as part of the Communication Operator Training Program will accrue one-half hour of compensation time (x1) for each 6 hours of training provided ; one hour of compensation time (x1) for each 8 hours of training provided; one and one-half hours of compensation time (x1) for each 10 hours of training provided; and two hours of compensation time (x1) for each 12 hours of training to be utilized at a mutually agreed upon time as approved by his/hertheir supervisor and/or Chief of Police for the training provided. All communication operator training hours will be documented on a form authorized by the Communication Commander and Department HeadChief of Police. 31H. All mandatory training/departmental meeting notices shall be posted a minimum of seven (7) calendar days in advance. 34.32. TRAVEL AND EXPENSE 324A. The Chief of Police must approve all same day travel in the State of South Dakota. The Chief of Police and City Manager must approve all overnight travel and travel outside the State of South Dakota. Employees shall be reimbursed for all reasonable expenses incurred in the line of duty as provided by City travel policy for authorized travel. The most direct route shall be traveled, and mileage will be paid in accordance with current City schedules. 324B. The City shall reimburse travel time according to FLSA guidelines for all authorized training. Pre-authorization by the Chief of Police is required at least seven (7) days prior to the training. 35.33. UNIFORMS AND EQUIPMENT 335A. The Employer will provide and issue all normally armed employees with a handgun, badges, handcuffs, protective head gear, and stocking hats. 335B. The Employer shall provide all ammunition annually which is needed and necessary for the performance of the duties. Ammunition for the on-duty use shall be of high quality. Practice ammunition shall be provided by the Employer during annual qualifications. 335C. Employees shall be issued at least three (3) sets of uniforms which shall be 37 replaced as needed. Car coats and jackets will be issued for sworn employees only, not to exceed two (2). After two (2) years serviceyears’ service, employees shall turn in their uniform items before being issued new items. Officers will be issued a bullet proofballistic vest and will be required to wear it at all times they are on patrol 38 duty and investigators when executing search warrants. 335D. Investigators shall be granted a three hundred fifty dollardollars ($350.00) uniform allowance each January 1. Police uniforms provided shall be deducted from said amount. 335E. The Employer agrees to reimburse employees the actual cost less ten percent (10%) of employee’s personal items damaged in the line of duty not as a result of the employee’s negligence or misconduct including only the following: Eyeglasses, watches, weapons, and tape recorders Civilian clothing (if required) (Maximum $250.00 per item) This section does not apply to items of personal property covered by or reimbursed pursuant to South Dakota compensation laws. If an employee is reimbursed for the damage from any other source, he shall reimburse the City for any payments made hereunder. The City agrees to replace any item damaged due to work related incidents within two (2) weeks. Upon receipt of purchase, the City will reimburse up to $100.00 (One hundred dollars) for leather to all permanent, sworn officers who did not receive the entitlement when it was originally provided. 335F. A boot allowance for reimbursement of $100.00 every year be provided to Police Officers for the purchase of work boots. The $100.00 allowance will be disbursed once every calendar year through the payroll system in the month of April. As the police officers purchase the boots needed for their jobs, it will be their responsibility to provide a copy of the actual receipt to the Chief of Police. The receipt will be used to track the amount of money used each year by police officers for the boot allowance. 36.34. FIREARMS The City shall provide weapons for all officers. 346A. The required on-duty weapon package as designated by the Chief will consist of a . semi-automatic pistol with two (2) extra clipsmagazines, double clip magazine holder and holster. 36B. Those officers who choose not to purchase the designated caliber weapon will be issued the complete designated caliber weapon package by the City for on duty use. The City issued weapon package shall be returned to the Chief of Police or his designee upon separation of employment. 346C. During the probationary period, the City will issue new officers their duty weapon and required leather accessories. The serial number, make and model will be registered with the Chief. 39 346D. Standards for non-uniform officers’ weapons shall be set by the Chief of Police. 40 346E. The officer will maintain the on-duty firearm at a satisfactory level to insure proper functioning of the firearm. 346F. The firearm will be inspected for up-keep, maintenance and proper functioning one (1) time a year by a certified Glock armor. If an y malfunction or discrepancy is found in a firearm, the City shall repair the firearm or replace if deemed necessary. 37.35. FIREARM QUALIFICATION 357A. There are three distinct types of firearm exercises, each of which shall be scheduled at the discretion of the Chief of Police. These are: 357A.1 Firearm Training: These exercises shall be supervised by a qualified instructor, and officers are therein instructed on proper firearm use. Necessary ammunition and targets shall be provided by the City at the time of the scheduled training exercises. 357A.2 Firearm Practice: Each officer shall be provided with targets given twoand two hundred (200) rounds of ammunition and targets to be utilized during practice exercises. Officers will have one practice shooting exercise conducted at the Brookings Firearms Range or other area firearms range approximately no less than three (3) months prior to official firearms qualification. It is understood that weather and range accessibility can impact the scheduling of such practice events. with additional rounds of ammunition allotted to that officer, above the already two hundred (200) rounds allotted, Iif additional training is determined necessary, as determined by by the firearms instructor and Chief of Police, that officer will be allotted additional rounds above the two hundred (200) practice rounds. This pertains to duty guns only. A minimum of one (1) (2) additional practice shooting exercise shall be conducted at the Brookings Firearms range or other area firearms range prior to no less than two (2) weeks prior to officialthe official firearms qualification. The practice exercise(s) shall be scheduled in such a manner as to allow all officers the opportunity to attend. Shooting exercises shall be supervised by department firearms instructors to provide education and assistance to officers in preparation of official firearms qualification. 357A.3 Official Qualification: Needed ammunition and targets shall be provided by the City. If an officer fails to meet the “State of South Dakota Handgun Qualification” course once per year with a minimum passing score of 76% with his/hertheir firearm during the scheduled time and 41 place for qualification exercise, he/shethey will: 1) Surrender his/hertheir firearm to the Chief of Police; 2) Be relieved of all normal duties as a police officer on his/hertheir shift or division and be assigned to in-house or office duty until he/shethey haves qualified with the Department issue firearm. It will be up to the officer who is not qualified to make arrangements with a range officer to become qualified. 9 issued firearm. It will be up to the officer who is not qualified to make arrangements with a range officer to become qualified. If, after one week from the original qualification exercise, the officer still has not qualified, the officer will be placed on leave without pay until the officer is qualified. An officer who fails to qualify within a reasonable time period, as determined by Chief of Police and City Manager, shall be subject to further disciplinary action up to and including discharge. 38. VEHICLES 38A. Upon obtaining new police vehicles, the City shall make every effort to make the style and location of switches, lights, weapon holders, etc., uniform to that of existing police vehicles. This topic is an appropriate subject for the Union Management Committee. POLITICAL ACTIVITY Employees of the City of Brookings are encouraged to exercise their right to vote. However, other political activity shall be restricted, as outlined in this article. In all cases, activities must be in compliance with the Conflict of Interest Policy as adopted by the City Council. Failure to comply with the provisions of this article may result in disciplinary action. Any employee of this Bargaining Unit may seek any political office while employed by the City provided: 39A. that said employee may not seek any political office or actively campaign for any political office until after having submitted, in writing to the City Manager, their intention to seek a political office; 39B. that said employee never campaign in any manner whatsoever, during hours of employment; 39C. that it is mandatory that said employee take a leave of absence for no less than fourteen (14) days nor more than thirty (30) days prior to any election for a position that would require the termination of said employee’s employment if he/she is successful in the election. Of that leave time, the employee may take two (2) weeks of vacation leave. Any amount in excess of two weeks must be taken as leave without pay; and 39D. an employee of the City of Brookings may not campaign on behalf of any candidate for Mayor or City Council. However, this does not preclude an employee from running for these offices as long as that employee 10 adheres to the parameters aforementioned in this article. Any employee elected to a position on the City of Brookings City Council will resign their position with the City prior to being sworn in on the Council. 40.36. WAGES 3640A. Employees will be eligible for a 1 – 4 % merit increase based on annual performance review. Employees at the max of their wage range will not be eligible for a merit increase but will receive a one- time 1 – 4 % bonus payout based on their annual performance review.2020 sales tax is projected to end at negative eight percent (-8%). Commencing January 1, 2021, wages will be adjusted based on 2020 Sales Tax Performance as follows: • If 2020 sales sax ends as projected, there shall be no pay increase including COLA or Merit • If 2020 sales tax ends two percent (2%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*. • If 2020 sales tax ends three percent (3%) better than projected, the new salary ranges will be implemented and there will be a two percent (2%) one-time payout for those who do not receive an increase when the new salary ranges are implemented*. • If 2020 sales tax ends at or above four percent (4%) better than projected, the new salary ranges will be implemented and there will be a one percent (1%) salary increase for those who do not receive an increase when the new salary ranges are implemented*. The City of Brookings will implement employees into their new salary range by mirroring the employee’s relationship to their current midpoint, capped at their future midpoint. Employees whose current salary is at or above their future midpoint will not receive an increase during implementation of the new salary ranges, but will be eligible for a payout or salary increase based on 2020 Sales Tax Performance. *Employee wages shall be adjusted to receive the minimum of the payout or salary increase. This may include a combination of an increase during implementation of the new salary ranges and payout or salary increase based on 2020 Sales Tax Performance to reach the full minimum. 36B. The City will complete a salary survey every three (3) years. 11 3640C. Union contract will be for threewo (32) years and will be opened annually for wages only thereafter, with negotiations commencing before the budget process each year. 41.37. CHECK OFF The Employer agrees that upon receiving written authorization by the employee from the Union, the Employer will deduct all dues, initiation fees and assessments designated by the Local Union. Such deductions shall be remitted by the Employer to the Local Union at a time mutually agreed between the City and the Union. 42.38. UNION BUSINESS AND REPRESENTATIVES 3842A. The Employer agrees to grant the necessary time off, without discrimination and without pay, to Union officers and stewards to attend a labor convention, not to exceed a total of five (5) employees, and to any one person the necessary time off, without discrimination and without pay, to serve up to one (1) year in any official Union business. Fifteen (15) calendar days written notice of such absence will be given by the Union to the Employer. 3842B. Upon receiving forty-eight (48) hours noticehours’ notice, the City shall excuse all employees in the bargaining unit, except one scheduled full-time dispatcher, to attend Union meetings, provided that during the term of the contract, such Union meetings shall not exceed four (4) with each having a maximum duration of four (4) hours. All employees attending such Union meetings shall be available to handle calls in the same manner as are handled during meetings called by the City, including FOP meetings. Off duty employees attending such meetings shall do so on their own time. 43.39. BUSINESS AGENTS Authorized agents of the Union, after having notified the Department HeadChief of Police, shall have reasonable access to the City’s establishment and be permitted to visit and converse with employees during regular on-duty hours for the purpose of adjusting disputes, investigating working conditions, and ascertaining that the Agreement is being adhered to; provided, however, that there is no significant effect on the City’s responsibilities toward the general public. 44.40. LONGEVITY 404A. Regular employees shall be eligible for longevity pay based upon length of service with the City of Brookings. Length of service shall be the full number of years of service as of the anniversary date of the employee’s employment. 12 Years of service must be continuous years of service. 404B. Longevity pay shall be paid monthly with regular pay. All deductions required by the law shall be made. In order to earn the payment of longevity in a given month, the employee must work or use paid leave for at least 50% of the hourshours’ payable in the payroll month. Employees will be granted their new monthly longevity rate within the month that the anniversary of their hire date falls. 404C. The amount of longevity pay shall be paid at the rate of $5.50 per month per year after completing five (5) years of continuous full-time employment. 45. SAFETY POLICY 45A. Seat Belts The City of Brookings requires the use of seat belts in the front seat of all licensed city vehicles and/or equipment with seat belts and/or harness. 46.41. DURATION This Agreement shall be in full force and effect from January 1, 20221, to and including December 31, 20242, and shall supersede any prior Agreements between the parties, and shall continue from year-to-year thereafter, unless written notice of desire to cancel or terminate or modify the Agreement is served by either party upon the other by July 1, 20241. Only wages will be opened annually, with negotiations commencing before the budget process each year, unless other sections are mutually agreed upon to open. 47.42. REOPENER When no cancellation or termination is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in the Agreement, either party may serve upon the other a notice prior to the first day of July of the final contract year advising that said party desires to revise or change terms or conditions of said Agreement. CITY OF BROOKINGS TEAMSTERS LOCAL UNION NO. 120 City Manager Principle Officer/President Date Business Agent (James Heeren) 13 Date APPENDIX A OFFICIAL SALARY SCHEDULE AND COVERED POSITIONS POLICE CONTRACT FOR 2022 Explanation of Schedule There is an open salary range for every position classified as a salary grade that defines the 14 minimum and maximum salary for the position. Non-exempt employees’ hourly rate will be calculated by taking their annual salary divided by the number of worked hours in a year (2080). New employees will normally be hired at the minimum of the salary grade in the appropriate classification unless experience and qualifications justify beginning above the minimum. All new employees shall be granted a probationary appointment for a period of twelve (12) months. This probationary period is a working test during which the new employee must satisfactorily demonstrate their ability to perform their duties. If employee does not satisfactorily demonstrate their ability to perform their duties by the end of the probationary period, the employee may be terminated or the probationary period extended up to an additional twelve (12) months with a determination of pay increase held until the expiration of that extension. In accordance to this agreement and upon completion of the probationary period, the probationary employee may be reclassified to regular full-time. Covered Positions Title Grade Patrol/Police Officer 25 Community Service Officer 22 Communications Operator (Dispatcher) 20 Evidence Technician 19 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0565,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0554,Version:1 Executive Session, pursuant to SDCL 1-25-2.1, for purposes of discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor and pursuant to SDCL 1-25-2.3, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending lititgation or contractual matters. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 11/18/2021Page 1 of 1 powered by Legistar™