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2017-05-22 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 22, 2017 City Hall, Council Chambers Meeting No. 10-17 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of the May 8, 2017 City Council Workshop Minutes 2. Approval of the May 8, 2017 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Presentation of Awards a. Response to Structure Fire – Lifesaving Award Officer Pam Vang and Firefighter/Paramedic Rich Dawson; Medal of Commendation Officer Scott Langner b. Medical Intervention – CPR: Lifesaving Award Officer Pheng Her and Officer Parker Olding c. Citizen Award – David Marshall 4. Swearing-in Ceremony – Police Officer Nicholas Lenertz 5. Approval of Resolution of Appreciation for Paul Schnell, Director of Public Safety G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of Resolution to Adopt State Performance Measures 3. Approval of Resolution Entering Into a Master Partnership Contract Between the Minnesota Department of Transportation and the City of Maplewood Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the Cit y Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. 4. Approval to Enter into Agreement with Ramsey Conservation District for Rain Garden Retrofit Program 5. Approval of Purchase for 2017/2018 Road Salt H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Consider Approval of Resolution for the Establishment of a Police Advisory Commission 2. Consider Approval of 2017-2018 Collective Bargaining Agreements a. A.F.S.C.M.E. Council No. 5 Local 2725 b. Maplewood Confidential & Supervisory Group (MCSA) c. Metro Supervisory Group (MSA) d. Police Sergeants, LELS, Local 173 J. NEW BUSINESS 1. Consider Approval of New Corporate Officers and Establishment Manager for the Crooked Pint, 1734 Adolphus Street 2. Consider Approval of a Resolution Authorizing a Wetland Buffer Variance for 2224 Woodlynn Avenue 3. Consider Approval of a Community Ambassadors Agreement Between the City of Maplewood and the Hallie Q. Brown Center on Behalf of the Community Ambassadors Program K. AWARD OF BIDS None L. ADJOURNMENT E1 May 8, 2017 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:45 P.M. Monday, May 8, 2017 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:48 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Absent Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present – Arrived at 6:00 p.m. C. APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Smith Ayes – Mayor Slawik, Council Members Juenemann and Smith The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Code Enforcement Program Summary and Presentation of 2016 Code Enforcement Report Building Official Brash introduced the staff report. Environmental and City Code Specialist Swanson gave the staff report and answered questions of the council. Environmental & Economic Development Director Konewko gave additional information about the 2016 Code Enforcement Report and answered questions of the council. City Manager Coleman answered additional questions of the council. 2. Update on Implementation of Recommendations from the President’s Task Force on 21st Century Policing Commander Shortreed introduced the staff report. Commander Kvam and Lieutenant Crotty gave additional information on the implementation of recommendations from the President’s Task Force on 21st Century Policing and answered questions of the council. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 7:01 p.m. Packet Page Number 1 of 211 E2 May 8, 2017 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 8, 2017 City Hall, Council Chambers Meeting No. 09-17 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:12 p.m. by Mayor Slawik. Mayor Slawik reported on the employee appreciation event that took place last week. Councilmember Juenemann gave additional information about the event. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Absent Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda under Appointments and Presentations, Council Presentations: City Clean Up Day Data Ramsey County Dispatch Policy Use of Force Workgroup Rush Line Corridor Councilmember Smith moved to approve the agenda as amended. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. E. APPROVAL OF MINUTES 1. Approval of April 24, 2017 City Council Workshop Minutes Councilmember Juenemann moved to approve the April 24, 2017 City Council Workshop Minutes as submitted. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong Packet Page Number 2 of 211 E2 May 8, 2017 2 City Council Meeting Minutes The motion passed. 2. Approval of April 24, 2017 City Council Meeting Minutes Councilmember Juenemann moved to approve the April 24, 2017 City Council Meeting Minutes as submitted. Seconded by Councilmember Smith Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar. Councilmember Juenemann requested staff look in to banning plastic bags in the city and also banning smoking in all Maplewood parks. b. Approval of Proclamation Recognizing National Police Week 2017 Police Chief Schnell gave the staff report. Councilmember Juenemann read the proclamation recognizing nation police week 2017. Councilmember Juenemann moved to approve the Proclamation Recognizing National Police Week May 14-20, 2017. Seconded by Councilmember Smith Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 2. Council Presentations City Clean Up Day Data Councilmember Juenemann reported on some of the statistics from the annual spring city wide clean up event that took place in April 2017. Ramsey County Dispatch Policy Councilmember Juenemann reported on the Ramsey County Dispatch Policy Committee meeting that took place the previous week. Use of Force Workgroup Councilmember Smith gave an update on the Use of Force Workgroup meetings that took place the previous week and why the workgroup continues to meet. Packet Page Number 3 of 211 E2 May 8, 2017 3 City Council Meeting Minutes Rush Line Corridor Mayor Slawik reported that there was a Public Hearing on Thursday, April 27, 2017 for the Rush Line Corridor at Our Redeemer Church. Public Works Director Thompson gave specifics about the meeting. Councilmember Smith gave additional information about the public hearing. G. CONSENT AGENDA Mayor Slawik requested agenda item G4 be pulled for further discussion. Councilmember Juenemann requested agenda items G5 be highlighted. Councilmember Juenemann moved to approve agenda items G1-G5. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 463,340.07 Checks # 99559 thru #99595 dated 04/25/17 $ 333,253.13 Disbursements via debits to checking account dated 04/17/17 thru 04/21/17 $ 255,615.31 Checks #99596 thru #99626 dated 05/2/17 $ 550,518.49 Disbursements via debits to checking account dated 04/24/17 thru 04/28/17 $ 1,602,727.00 Total Accounts Payable PAYROLL $ 521,200.35 Payroll Checks and Direct Deposits dated 04/21/17 $ 1,697.03 Payroll Deduction check # 99102682 thru # 99102685 dated 04/21/17 $ 522,897.38 Total Payroll $ 2,125,624.38 GRAND TOTAL Packet Page Number 4 of 211 E2 May 8, 2017 4 City Council Meeting Minutes Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 2. Approval of a Temporary Lawful Gambling - Local Permit for the St. Paul East Parks Lions Club at the Ramsey County Fair, 2020 White Bear Avenue Councilmember Juenemann moved to approve the temporary Lawful Gambling – Local Permit for the St. Paul East Parks Lion Club on July 12th through July 16th at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 3. Approval of a Temporary Lawful Gambling - Local Permit for LeadingAge Minnesota Foundation at Keller Golf Course, 2166 Maplewood Drive Councilmember Juenemann moved to approve temporary Lawful Gambling – Local Permit for LeadingAge Minnesota Foundation on August 23, 2017 at Keller Golf Course, 2166 Maplewood Drive. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 4. Approval of Members of the 2040 Comprehensive Plan Steering Committee Councilmember Juenemann moved to approve the membership of the 2040 Comprehensive Plan Steering Committee as outlined in the report. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 5. Approval of Resolution for Phase Two Tax Increment Financing Development Agreement with Maplewood Senior Apartments, LLC Councilmember Juenemann moved to approve the Resolution for the Phase Two Tax Increment Financing Development Agreement with Maplewood Senior Apartments, LLC. Resolution 17-05-1455 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT A. WHEREAS, Maplewood Senior Apartments LLC (the "Developer") has Packet Page Number 5 of 211 E2 May 8, 2017 5 City Council Meeting Minutes requested the City of Maplewood, Minnesota (the "City") to assist with the financing of certain costs incurred in connection with the construction of an approximately 107-unit senior housing facility in the City by the Developer (the "Project"). B. WHEREAS, the Developer and the City have determined to enter into a Development Agreement providing for the City's tax increment financing assistance for the Project (the "Development Agreement"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City Council hereby approves the Development Agreement in substantially the form submitted, and the Mayor and City Manager are hereby authorized and directed to execute the Development Agreement on behalf of the City. 2. The approval hereby given to the Development Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Development Agreement. The execution of the Development Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the Development Agreement in accordance with the terms hereof. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Consider Approval of Resolution Adopting Revised Assessment Roll, Pond- Dorland Area Street Improvements, Project 16-12 Public Works Director Thompson gave the staff report. Councilmember Juenemann moved to approve the resolution adopting the Revised Assessment Roll for the Pond-Dorland Area Street Improvements, City Project 16-12. Resolution 17-05-1456 ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution passed by the City Council on April 24, 2017, the assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and Packet Page Number 6 of 211 E2 May 8, 2017 6 City Council Meeting Minutes WHEREAS, six (6) the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. McDonough is requesting a senior citizen or financial hardship deferral. 2. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 for the undeveloped portion off of Boxwood Avenue and $6,600.00 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. 3. Parcel 12-28-22-23-0267 – Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. Stephan is requesting a cancellation or revision of assessment. 4. Parcel 12-28-22-23-0291 – Amanda K. Jensen, 385 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Jensen is requesting a financial hardship deferral. 5. Parcel 12-28-22-23-0320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Mr. Mathison is requesting a senior citizen deferral. 6. Parcel 12-28-22-23-0304 – Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Sobieska is requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12: 1. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. McDonough is requesting a senior citizen or financial hardship deferral. Staff recommendation is to grant a senior citizen and financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 2. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 for the undeveloped portion off of Boxwood Avenue and $6,600.00 for Packet Page Number 7 of 211 E2 May 8, 2017 7 City Council Meeting Minutes the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. Staff recommendation is to deny the request for cancellation of assessment for the undeveloped portion of the property off of Boxwood Avenue, as the property is being assessed per the City’s assessment Policy and the assessment does not exceed the benefit to the property. Staff however recommends granting an undeveloped property deferral for the undeveloped portion of the property off of Boxwood Avenue (1 unit). If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. Staff recommendation is to grant a revision of assessment for the property’s frontage along Dorland Road, recognizing past investment into the street infrastructure. The road was previously improved along fifty-five linear feet of the property’s Dorland Road frontage as part of City Project 87-19 to include concrete curb and gutter and a full-urban street section. Staff recommends reducing the assessment utilizing a ratio of the remaining unimproved frontage to the entire property frontage (65-feet/120-feet). This results in a revised assessment amount for the Dorland road frontage of $3,575.00. 3. Parcel 12-28-22-23-0267 – Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. Stephan is requesting a cancellation or revision of assessment. Staff recommendation is to deny the request for cancellation or revision of assessment, as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 4. Parcel 12-28-22-23-0291 – Amanda K. Jensen, 385 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Jensen is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 5. Parcel 12-28-22-23-0320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Mr. Mathison is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the Packet Page Number 8 of 211 E2 May 8, 2017 8 City Council Meeting Minutes assessment will become due with accumulated interest at the end of the deferral period. 6. Parcel 12-28-22-23-0304 – Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Sobieska is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. B. The assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each track of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential, commercial, townhomes, and multi-family properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.00 percent per annum form the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, but no later than November 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 16 or interest will be charged through December 31 of the next succeeding year. E. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. 2. Consider Approval of Resolution Adopting Revised Assessment Roll, Packet Page Number 9 of 211 E2 May 8, 2017 9 City Council Meeting Minutes Hillwood-Crestview Area Street Improvements, Project 16-13 Public Works Director Thompson gave the staff report. Councilmember Juenemann moved to approve the resolution adopting the Revised Assessment Roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13. Resolution 17-05-1457 ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution passed by the City Council on April 24, 2017, the assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16- 13 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, four (4) the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. 2. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. 3. Parcel 12-28-22-31-0005 – Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. 4. Parcel 12-28-22-31-0049 – Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13: 1. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property (1 unit). If approved, the undeveloped property deferral will Packet Page Number 10 of 211 E2 May 8, 2017 10 City Council Meeting Minutes be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. 2. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property (1 unit). If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. 3. Parcel 12-28-22-31-0005 – Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. Staff recommendation is to deny the request for revision of assessment, as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 4. Parcel 12-28-22-31-0049 – Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. B. The assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each track of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. Packet Page Number 11 of 211 E2 May 8, 2017 11 City Council Meeting Minutes C. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential, commercial, townhomes, and multi-family properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.00 percent per annum form the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, but no later than November 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 16 or interest will be charged through December 31 of the next succeeding year. E. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. J. NEW BUSINESS 1. Consider Approval of Boaters Outlet, 2000 Rice Street a. Conditional Use Permit for Exterior Storage b. Conditional Use Permit for a Metal Building c. Design Review Environmental Planner Finwall gave the staff report. Commissioner Paul Arbuckle addressed the council to give the report from the Planning Commission. Glenn Kloskin, owner of Boaters Outlet addressed the council to give additional information. Councilmember Smith moved to approve the conditional use permit resolution to allow the exterior storage of boats at 2000 Rice Street within the Business Commercial zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1) All construction shall follow the site plan date-stamped February 3 and March 3, March 17, and March 30, 2017, approved by the City. Staff may approve minor changes. Packet Page Number 12 of 211 E2 May 8, 2017 12 City Council Meeting Minutes 2) The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3) The City Council shall review this permit in one year. 4) Comply with the conditions of approval in Jon Jarosch’s engineering report dated May 2, 2017, attached to this report. 5) Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017, attached to this report. 6) This permit allows Boaters Outlet at 2000 Rice Street to utilize their property for the exterior storage of 200 to 225 boats to be located in the back fenced and screen storage area only. No boat storage is allowed on the customer parking lot. Resolution 17-05-1458 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Glenn and Darlene Kloskin, owner of Boaters Outlet, have applied for a conditional use permit for exterior storage of boats for a retail and boat storage facility at 2000 Rice Street; WHEREAS, Section 44-512 (4) of the Business Commercial district states that a conditional use permit may be granted for exterior storage in the Business Commercial district; WHEREAS, this permit applies to the property located at Section 18, Town 29, Range 22 (PIN 182922230017), at 2000 Rice Street, Maplewood, MN. WHEREAS, the history of this conditional use permit is as follows: 1. On April 18, 2017, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On May 8, 2017, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. Packet Page Number 13 of 211 E2 May 8, 2017 13 City Council Meeting Minutes 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped February 3 and March 3, March 17, March 30, 2017, approved by the City. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. Comply with the conditions of approval in Jon Jarosch’s City engineering report dated May 2, 2017. 5. Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017. 6. This permit allows Boaters Outlet at 2000 Rice Street to utilize their property for the exterior storage of 200 to 225 boats on the back fenced and screen storage area only. No boat storage is allowed on the customer parking lot. Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. Councilmember Juenemann moved to approve the conditional use permit resolution to Packet Page Number 14 of 211 E2 May 8, 2017 14 City Council Meeting Minutes allow a metal building at 2000 Rice Street within the Business Commercial zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1) All construction shall follow the site plan date-stamped February 3 and March 3, March 17, and March 30, 2017, approved by the City. Staff may approve minor changes. 2) The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3) The City Council shall review this permit in one year. 4) Comply with the conditions of approval in Jon Jarosch’s engineering report dated March 30, 2017, attached to this report. 5) Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017, attached to this report. 6) This permit allows Boaters Outlet to construct a metal building at 2000 Rice Street for their boat retail and service business. The metal building must comply with the City’s metal building standards, as well as comply with all fire and building codes. Resolution 17-05-1459 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Glenn and Darlene Kloskin, owner of Boaters Outlet, have applied for a conditional use permit for a metal building to be located at 2000 Rice Street; WHEREAS, Section 44-512 (6) of the Business Commercial district states that a conditional use permit may be granted for a metal building in the Business Commercial district; WHEREAS, this permit applies to the property located at Section 18, Town 29, Range 22 (PIN 182922230017), at 2000 Rice Street, Maplewood, MN. WHEREAS, the history of this conditional use permit is as follows: 1. On April 18, 2017, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On May 8, 2017, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described conditional use permit, because: Packet Page Number 15 of 211 E2 May 8, 2017 15 City Council Meeting Minutes 1. The use would be located, designed, maintained, constructed and operated to be n conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped February 3 and March 3, March 17, March 30, 2017, approved by the City. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. Comply with the conditions of approval in Jon Jarosch’s City engineering report dated May 2, 2017. 5. Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017. 6. This permit allows Boaters Outlet to construct a metal building at 2000 Rice Street for their boat retail and service business. The metal building must comply with the City’s metal building standards, as well as comply with all fire and building codes. Packet Page Number 16 of 211 E2 May 8, 2017 16 City Council Meeting Minutes Seconded by Councilmember Smith Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong The motion passed. Councilmember Xiong moved to approve the plans date-stamped February 3 and March 3, March 17, March 30, 2017, for Boaters Outlet at 2000 Rice Street. Approval is subject to the applicant complying with the following conditions: 1) Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2) The applicant shall comply with the conditions noted in Jon Jarosch’s engineering report dated May 2, 2017. 3) The applicant shall comply with the conditions noted in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017. 4) Submit to staff a detailed building footprint outlining the retail versus warehouse/service area proposed within the building. 5) Submit to staff a revised site plan which shows a concrete sidewalk along Rice Street and that the parking lot contains the correct number of parking spaces and parking space sizes (10 feet wide x 18 feet deep) to meet city code requirements. 6) Submit to staff a revised landscape plan that includes at least one deciduous tree every 30 feet along Rice Street, and landscaping required within the infiltration and filtration basins as outlined in the environmental review attached to this report. 7) All signage on the property must comply with the City’s sign ordinance and requires separate sign permits. 8) The applicant shall remove and dispose of all debris and garbage that is on the site. 9) The applicant shall submit a fence design and elevations to staff for approval. 10) The applicant shall work with staff to determine the use of plantings and or seeding for the basins. 11) Boats shall not project above the fence in the west portion of the site, this is defined as any areas west of the eastern extent of the building. 12) Staff may approve minor changes to the plans. 13) The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council Packet Page Number 17 of 211 E2 May 8, 2017 17 City Council Meeting Minutes Members Juenemann, Smith and Xiong The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Slawik adjourned the meeting at 8:17 p.m. Packet Page Number 18 of 211 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: May 16, 2017 SUBJECT: Council Calendar Update Introduction/Background This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. No action is required. Upcoming Agenda Items & Work Session Schedule 1. June 12th a. Workshop: Public Safety Director Interviews, 2. June 26th a. Workshop: Review Financial Policies and Capital Improvement Plan 2018-2028 b. Council Meeting: Visitor Presentation Review 3. July 10th a. Workshop: Racial Equity Program Update 4. July 24th a. Workshop: Cable Franchise Update Council Comments Comments regarding Workshops, Council Meetings or other topics of concern or interest. Budget Impact None Recommendation No action required. Attachments None. F1a Packet Page Number 19 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul Schnell, Chief of Police/Public Safety Director DATE: May 16, 2017 SUBJECT: Presentation of Awards Introduction The Maplewood Police Department will be presenting a series of significant awards to Police and Fire Department personnel and a member of the public. Background Presentation of Lifesaving Award to Police Officer Pam Vang and Firefighter/Paramedic Rich Dawson for actions taken in response to a December 2, 2016 residential structure fire. Presentation of a Medal of Commendation to Officer Scott Langner for actions taken in response to a December 2, 2016 residential structure fire. Presentation of Lifesaving Award to Officer Pheng Her and Officer Parker Olding for lifesaving actions taken on May 11, 2016 in response to a cardiac arrest following a suspected drug overdose incident. Presentation of Citizen Award to Maplewood resident David Marshall for his willingness to assist an officer engaged in an escalating physical struggle during an arrest. Budget Impact Information only. Recommendation None. Attachments 1. Award Certificates F3a-c Packet Page Number 20 of 211 ,v * )Nt'l,g WI TLtttEubrnq 6hurU PR.ESENTED To a FoR YoUR IMMIiDIAI.I.: ANI) SEI,III,ESS ACTIoNS sAVINc I-WO INDIVII)UAI,S FROM A RIISIDI.]NTIAL S'TRTJCI'URTJ I.'IRI AUr. P. S(IlNrr.r.. CIItir, (t, Pot.t( l :l::./', l t .,,' AreDLYtI Meplgwoon PoLlcB DnpaRtruBNt Orrrcun Pam V.tNc AwARDED ON MAY 22,2017 F3a-c, Attachment 1Packet Page Number 21 of 211 ,,,.:l--,:. /.. EIIEEIET* TLtttEubrng 9rhurU PREST]NTE D To FOR YotJR IMMEDIATD AND SELFLESS AC,IIoNs sAvINc TWO INDIVIDUALS I'ROM A RESIDENTIAL S'I'RUCTURE TIIRE AWAnDED oN MAy 22.2017 PAUI CHNEI,t,, Maplnwoon PolrcB DppenrupNr FrnEncHrEn/PanauEDrc Rrcnanu Daw soN CHIEF oF PoLIctj i :) c/i ,t t,il'(l/i ,. at 1,(i.lt't{F3a-c, Attachment 1Packet Page Number 22 of 211 d ), lMdr*m(wffiffitrBFiigffi AUL P. SC}INELL, CHIEF oF PoLICI - E l.<' ).,,$I 'W)Yt W s, tffi ffif; ir.'> !,iE \ \ ':.\ 1 I i ) UI MAru.PWOOD POLICE DBpaRrIuBNr frle[ul ot PRESEN,TED To Scorr LeNcxuRa FOR YoUR DETERMINATIoN To I-IELP sAvE THE LIVES oF rWO INDIVIDUAI,S FROM A RESIDENTIAL S RUCTURE FIRt x AwARDED oN MAy 22,2017 T 'l,w sdffi @ommrn[utton ( I t' /,, r)ri l;)r F3a-c, Attachment 1Packet Page Number 23 of 211 ffi tteEubrnq ghur[ PRESENTED TO AwARDED ON J/IAY 22,2017 PAUL P. SCHNEt,I-.CHIEF OF POI,ICE \ ffi, , '\"t'('lizl ,, rl ',1 i () c,/l;) ; , E MeplBwooo Poltc g DgpeRruBNT Or'rrcER Pnuxc HER FoR YoUR IMMEDIATE ACTIONS OF CONTINU]NO CPR WHICH HEI-PED TO SAVE THE LIFE OF A JUVENILE PIITIENT F3a-c, Attachment 1Packet Page Number 24 of 211 ffi-'G< ffi M TLtteEubrng 9,hurU ffi ml $i H NI g!/ffi ffi $I( )AUl, P. SCHNELL, CI EF ([)ot.t(]ti t tl?aix tsi U'fA i !!!! @W Merlgwooo Polrcr DppaRrlugrlt PRESEN'I f,D l o Orrrcun Panxpn OluING FOR YoUR IMMEDIATE AcTIoNS oF CoNTINUtNc CPR WHICH HELPI]D TO SAVE HE LIID OF A JIJVENII,E PATIENT AWARDED ON M^Y 22,2017 I,il'{rli r,, tt t ;.t r>/','t F3a-c, Attachment 1Packet Page Number 25 of 211 [tttlen €[bur[ PRESENTED TO FoR EXTREME BRAVERY sHowN oN FEBRUARY 3, 20 I 7 AND PROVIDING CITIZEN ASSISTANCE IN APPREHENDING A SUSPECT AwARDED ON MARCH 3l,2017 PAUL P. SCIINELI-, CHIEF OF POLICE LtcE '- UMttrr po se-Pll d( *"o ,,t,ttl'(rli4, t',( ( ( ( r< [;) iit,ti tt, Maplnwoop Pollcs DppaRtnapNr Davm D. M.IRSHALL ?/',) I F3a-c, Attachment 1Packet Page Number 26 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Kerry Crotty, Police Lieutenant DATE: May 16, 2017 SUBJECT: Swearing-in Ceremony – Police Officer Nicholas Lenertz Introduction The Maplewood Police Department initiated a recruitment and hiring process in the Fall of 2016 to fill two police officer vacancies. Police officer candidate Nicholas Lenertz will be sworn in as he begins his career with the Maplewood Police Department. Background In the Fall of 2016 the police department began a process to recruit police officer candidates to fill two vacancies. As of this date, with the process of background investigation continuing on several other candidates, we have completed all pre-employment requirements on Nicholas Lenertz. Nicholas Lenertz is a May 2016 graduate of Augsburg University where he completed his Bachelor’s degree with a major emphasis in criminal justice. He completed the Law Enforcement Skills Program at Alexandria Community College in the summer of 2016; after which he passed the POST licensure eligibility examination making him qualified to serve as a licensed Minnesota peace officer. Mr. Lenertz comes highly recommended. He has been subjected to a comprehensive background investigation, and both a psychological and medical evaluation as required for peace officer licensure. Budget Impact As budgeted. Recommendation Information only. Attachments None. F4 Packet Page Number 27 of 211 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: May 16, 2017 SUBJECT: Approval of Resolution of Appreciation for Paul Schnell, Director of Public Safety Introduction Paul Schnell, Director of Public Safety, will be retiring from his position on June 9, 2017. The City of Maplewood would like to acknowledge Chief Schnell’s nearly 4 years of service with the City with the adoption of the attached Resolution of Appreciation. Background Paul Schnell became the Chief of Police for the Maplewood, Minnesota Police Department in July of 2013. Before being appointed as Maplewood’s chief, he served as Chief of Police for the Hastings, Minnesota Police Department. Prior to Hastings, Paul was a member of the St. Paul Police Department. During his time with the St. Paul Police Department, Paul held numerous assignments, including public information officer and spokesperson, sex crimes and child abuse investigator, patrol officer, and patrol supervisor. Paul also served as a Carver County deputy sheriff for nearly eight years. While a member of the Sheriff’s Office, holding a variety of assignments, including community policing deputy and school resource officer. Paul is an adjunct faculty member at both the University of Saint Thomas and Saint Catherine University, as well as, Metropolitan State University, teaching courses in diversity, criminal justice ethics, restorative justice, victimology, and violence prevention. Paul holds a Bachelor of Social Work degree from the University of Saint Thomas and a Master of Arts in Organizational Leadership from Saint Catherine University, both located in Saint Paul. He is licensed in the State of Minnesota as both a Peace Officer and a Social Worker. Recommendation Approve the attached Resolution of Appreciation for Paul Schnell, Director of Public Safety, for his service with the City of Maplewood. Attachment 1. Resolution of Appreciation for Paul Schnell, Director of Public Safety F5 Packet Page Number 28 of 211 RESOLUTION OF APPRECIATION WHEREAS, Paul Schnell was hired as the Police Chief of the City of Maplewood in July of 2013; WHEREAS, Chief Schnell was promoted to the position of Director of Public Safety of the City of Maplewood on November 2, 2015; WHEREAS, Chief Schnell has provided the City of Maplewood with tremendous leadership during his tenure, particularly in the areas of 21st century policing, racial equity, and data‐driven decision‐making; WHEREAS, Chief Schnell advanced police transparency through the Use of Force Workgroup, web publishing of key departmental metrics, and web publishing of the department policy manual; WHEREAS, Chief Schnell made considerable advances in department technology, including: police records management system, integrated timekeeping scheduling system for sworn police department staff, deployment of smart phones for creation of a more seamless mobile office environment for patrol officers, implementation of fleet telematics system to monitor the department’s fleet, development of an integrated digital evidence system, police body worn cameras, and implementation of crime analytics system; WHEREAS, through his professional experience as a patrol officer, patrol supervisor, sex crimes and child abuse investigator, and public information officer, Chief Schnell enhanced the City of Maplewood’s public safety capabilities; WHEREAS, through his support of National Night Out, WOW events, and numerous task forces and citizen’s groups, Chief Schnell has gone above and beyond in the areas of public relations; WHEREAS, Chief Schnell developed police department policy regarding the department’s role in immigration matters and expanded the department’s community outreach and profile as a leading and progressive law enforcement agency. NOW, THEREFORE, IT IS HEREBY RESOLVED, for and on behalf of the City of Maplewood, Minnesota, and its citizens that Paul Schnell, Director of Public Safety, is hereby extended our gratitude and appreciation for his years of service to the City of Maplewood and the State of Minnesota. F5, Attachment 1 Packet Page Number 29 of 211 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 30 of 211 TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director DATE: SUBJECT:Approval of Claims 373,294.09$ Checks # 99628 thru #99664 dated 05/1/17 thru 5/9/17 326,395.46$ Disbursements via debits to checking account dated 05/01/17 thru 05/05/17 192,441.19$ Checks #99666 thru #99694 dated 05/16/17 459,797.48$ Disbursements via debits to checking account dated 05/08/17 thru 05/12/17 1,351,928.22$ Total Accounts Payable 498,957.00$ Payroll Checks and Direct Deposits dated 05/05/17 1,187.68$ Payroll Deduction check # 99102701 thru # 99102703 dated 05/05/17 500,144.68$ Total Payroll 1,852,072.90$ GRAND TOTAL Attachments Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. PAYROLL MEMORANDUM May 15, 2017 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: G1 Packet Page Number 31 of 211 Check Description Amount 99628 01920 USE OF FORCE WORKGROUP MEETING 125.86 99629 04014 LAND PURCHASE 1160 FROST 252,286.00 99630 05810 COMMISSION CK 1160 FROST LAND PURCH 20,000.00 99631 05346 BALLOON DECOR FOR MAY 5TH EVENT 318.58 99632 04137 KARATE INSTRUCTION MARCH 693.00 99633 05028 CITY HALL SOLAR SYSTEM LEASE-MAY 397.00 05028 MCC SOLAR SYSTEM LEASE - MAY 369.00 99634 05353 CONTRACT GASOLINE - APRIL 10,225.44 05353 CONTRACT DIESEL - APRIL 6,024.78 99635 05311 SOFTBALL UMPIRES 4/17 - 4/30 634.00 99636 04316 AUTO PAWN SYSTEM - MARCH 690.30 99637 01409 PROJ 17-01 BUILDING IMPROVEMENTS 2,362.45 99638 01190 ELECTRIC UTILITY 14,829.54 01190 ELECTRIC UTILITY 978.42 01190 ELECTRIC UTILITY 721.19 01190 GAS UTILITY 472.88 01190 ELECTRIC UTILITY 117.63 01190 GAS UTILITY 74.78 01190 ELECTRIC UTILITY 21.58 01190 ELECTRIC UTILITY 15.75 01190 ELECTRIC UTILITY 15.27 99639 05630 NEEDS ASSESSMENT 01/01 - 03/31 5,000.00 99640 03486 BLACK DIRT FOR PARK SOCCER FIELDS 42.00 99641 03310 ADOBE ACROBAT STANDARD 7 MO 82.02 99642 05369 ULTRA CLEAN SRVS - CITY HALL 555.96 05369 CLEANING SUPPLIES-CITY HALL/PARKS 140.07 05369 CLEANING SUPPLIES - CITY HALL 92.24 99643 03874 DESIGN CITIZEN SRVS SPACE IN 2015 325.00 99644 00531 BLACK DIRT FOR MAILAND POND 512.00 00531 BLACK DIRT FOR MAILAND POND 160.00 99645 05798 RENTAL-STORAGE POD - PROPERTY RM 180.00 99646 05313 STATIONERY ORDER 481.00 05313 STATIONERY ORDER 334.87 99647 05808 REPAIR OPERABLE PARTITIONS MCC 180.00 99648 00702 MEMBERSHIP-M COLEMAN 7/2017-6/2018 1,229.60 99649 02137 ATTORNEY FEES - MARCH 14,614.92 99650 05533 REPAIRS TO ENGINE #313 ELEC AIR PUMP 1,123.55 99651 05809 SOFTWARE LICENSES 3,565.71 99652 05741 ATTORNEY - CABLE MATTERS - MARCH 7,592.00 99653 05601 V-BALL CLINIC INSTRUCTION - SPRING 240.00 99654 01283 POLICE OFFICER LICENSE (N LENERTZ)90.00 99655 04112 REPAIR TWO WAY RADIO PW 358.35 99656 04201 MAINTENANCE ON ALL CITY SIRENS 5,832.00 99657 02001 PHONE SERVICES - JANUARY 2,699.17 02001 PHONE SERVICE - FEBRUARY 2,699.17 02001 PHONE SERVICE - MARCH 2,699.17 99658 04130 QUARTERLY MAINT - 1902 PW 05/01-07/31 723.54 99659 05811 WELDING ON LOADER ATTACH PLATE 325.00 99660 00198 WATER UTILITY 2,726.97 99661 05654 CAPITAL PLANNING SOFTWARE PLAN-IT 1,012.50 99662 05005 WINDOW FILM ON PW ENG OFFICES 4,456.00 99663 01594 PINS FOR EMPLOYEE RECOGNITION 1,172.83 99664 02464 PAYING AGENT FEES 450.00 99664 02464 PAYING AGENT FEES 225.0005/09/2017 US BANK 373,294.0937Checks in this report 05/09/2017 SHOWTIME FABRICATION, LLC 05/09/2017 ST PAUL REGIONAL WATER SRVS 05/09/2017 CITY OF ROSEVILLE 05/09/2017 CITY OF ROSEVILLE 05/09/2017 SCHINDLER ELEVATOR CORP 05/09/2017 STRATEGIC INSIGHTS INC. 05/09/2017 SUN CONTROL OF MINNESOTA, INC. 05/09/2017 TERRYBERRY COMPANY LLC 05/09/2017 US BANK 05/09/2017 PROFESSIONAL WIRELESS COMM 05/09/2017 READY WATT 05/09/2017 CITY OF ROSEVILLE 05/09/2017 MOSS & BARNETT 05/09/2017 ALEC PEROZA 05/09/2017 POST BOARD 05/09/2017 FRA-DOR INC. COMMERCIAL FURNITURE SERVICES 05/09/2017 XCEL ENERGY 05/09/2017 XCEL ENERGY 05/09/2017 XCEL ENERGY XCEL ENERGY 05/09/2017 XCEL ENERGY 05/09/2017 GO MINI MSP AMHERST H. WILDER FOUNDATION 05/09/2017 BUBERL BLACK DIRT INC 05/09/2017 CDW GOVERNMENT INC 05/09/2017 CINTAS CORPORATION #470 05/09/2017 CINTAS CORPORATION #470 05/09/2017 05/09/2017 CINTAS CORPORATION #470 05/09/2017 05/09/2017 FRA-DOR INC. 05/09/2017 XCEL ENERGY 05/09/2017 XCEL ENERGY 05/09/2017 GRAPHIC DESIGN, INC. 05/09/2017 HUFCOR, INC 05/09/2017 Check Register City of Maplewood 05/08/2017 Date Vendor ENERGY ALTERNATIVES SOLAR, LLC MANSFIELD OIL CO 05/04/2017 COLLIERS INTERNATIONAL 05/05/2017 BALLOON CONNECTION INC 05/09/2017 ENERGY ALTERNATIVES SOLAR, LLC 05/09/2017 05/09/2017 THE EDGE MARTIAL ARTS 05/09/2017 XCEL ENERGY 05/09/2017 ICMA 05/09/2017 KENNEDY & GRAVEN CHARTERED 05/09/2017 KIRVIDA FIRE 05/09/2017 05/01/2017 THE LITTLE OVEN 05/04/2017 LAND TITLE, INC 05/09/2017 XCEL ENERGY 05/09/2017 S E H 05/09/2017 MANSFIELD OIL CO 05/09/2017 WILLIE MCCRAY 05/09/2017 CITY OF MINNEAPOLIS RECEIVABLES 05/09/2017 MARCO TECHNOLOGIES LLC 05/09/2017 GRAPHIC DESIGN, INC. G1, Attachments Packet Page Number 32 of 211 37 Checks in this report. G1, Attachments Packet Page Number 33 of 211 Settlement Date Payee Description Amount 5/1/2017 MN State Treasurer Drivers License/Deputy Registrar 49,978.16 5/2/2017 MN State Treasurer Drivers License/Deputy Registrar 54,107.83 5/3/2017 MN State Treasurer Drivers License/Deputy Registrar 55,545.90 5/4/2017 MN State Treasurer Drivers License/Deputy Registrar 47,924.88 5/4/2017 Delta Dental Dental Premium 4,113.78 5/5/2017 MN State Treasurer Drivers License/Deputy Registrar 79,799.34 5/5/2017 MN Dept of Natural Resources DNR electronic licenses 1,329.50 5/5/2017 US Bank VISA One Card*Purchasing card items 29,175.18 5/5/2017 Optum Health DCRP & Flex plan payments 1.89 5/5/2017 ICMA (Vantagepointe)Deferred Compensation 4,419.00 326,395.46 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 34 of 211 Transaction Date Posting Date Merchant Name Transaction Amount Name 04/21/2017 04/24/2017 SITEONE LANDSCAPE S $14.97 DAVE ADAMS 04/14/2017 04/17/2017 WAL-MART #2087 $11.69 PAUL BARTZ 04/25/2017 04/27/2017 OFFICE DEPOT #1090 $63.50 REGAN BEGGS 04/20/2017 04/21/2017 CLKBANK*COM_A6WF7NH5 $31.26 CHAD BERGO 04/21/2017 04/24/2017 MINNESOTA ASSOCIATION OF $30.00 CHAD BERGO 04/24/2017 04/25/2017 LYNDA.COM, INC.$34.99 CHAD BERGO 04/24/2017 04/25/2017 B&H PHOTO 800-606-6969 $11.50 CHAD BERGO 04/24/2017 04/26/2017 GREEN MILL - ST CLOUD $15.61 BRIAN BIERDEMAN 04/26/2017 04/27/2017 BEST WESTERN HOTELS ST $327.00 BRIAN BIERDEMAN 04/26/2017 04/28/2017 GREEN MILL - ST CLOUD $11.28 BRIAN BIERDEMAN 04/25/2017 04/27/2017 THE HOME DEPOT #2801 $105.75 OAKLEY BIESANZ 04/25/2017 04/27/2017 THE HOME DEPOT #2801 $143.73 OAKLEY BIESANZ 04/26/2017 04/28/2017 MENARDS MAPLEWOOD MN $13.51 OAKLEY BIESANZ 04/24/2017 04/25/2017 MILLS FLEET FARM 2700 $44.10 NATHAN BURLINGAME 04/15/2017 04/17/2017 NAPA STORE 3279016 $11.99 JOHN CAPISTRANT 04/18/2017 04/19/2017 WALTERS CLIMATE $208.30 SCOTT CHRISTENSON 04/18/2017 04/19/2017 WALTERS CLIMATE $57.00 SCOTT CHRISTENSON 04/18/2017 04/19/2017 MILLS FLEET FARM 2700 $61.20 SCOTT CHRISTENSON 04/18/2017 04/19/2017 MILLS FLEET FARM 2700 $15.99 SCOTT CHRISTENSON 04/21/2017 04/24/2017 HENRIKSEN ACE HDWE $7.99 SCOTT CHRISTENSON 04/24/2017 04/25/2017 HENRIKSEN ACE HDWE $4.98 SCOTT CHRISTENSON 04/24/2017 04/25/2017 HENRIKSEN ACE HDWE $8.73 SCOTT CHRISTENSON 04/26/2017 04/28/2017 MENARDS OAKDALE MN $65.00 SCOTT CHRISTENSON 04/18/2017 04/20/2017 CROOKED PINT - MAPLEWOOD $378.17 MELINDA COLEMAN 04/20/2017 04/21/2017 ACT*GTS MCMA CONFERENC ($515.00)MELINDA COLEMAN 04/13/2017 04/17/2017 LITTLE VENETIAN $25.00 KERRY CROTTY 04/26/2017 04/27/2017 BEST WESTERN HOTELS ST $327.00 KERRY CROTTY 04/18/2017 04/19/2017 TIGER SUPPLIES $541.08 ANDREW ENGSTROM 04/13/2017 04/17/2017 HEALTH CARE LOGISTICS $176.84 PAUL E EVERSON 04/15/2017 04/17/2017 THE HOME DEPOT #2801 $59.80 PAUL E EVERSON 04/19/2017 04/21/2017 MENARDS MAPLEWOOD MN $25.71 PAUL E EVERSON 04/25/2017 04/26/2017 CUB FOODS-SUN RAY $27.04 PAUL E EVERSON 04/19/2017 04/20/2017 WAL-MART #2643 $73.61 SHANN FINWALL 04/21/2017 04/24/2017 HY VEE 1462 $4.29 SHANN FINWALL 04/21/2017 04/24/2017 WM SUPERCENTER #2643 $30.73 SHANN FINWALL 04/21/2017 04/24/2017 CARIBOU COFFEE CO #1152 $29.97 SHANN FINWALL 04/21/2017 04/24/2017 DOROTHY ANN BAKERY & CAFE $21.36 SHANN FINWALL 04/22/2017 04/24/2017 HOLIDAY STNSTORE 3535 $4.99 SHANN FINWALL 04/14/2017 04/17/2017 IKEA BLOOMINGTON $192.02 MYCHAL FOWLDS 04/16/2017 04/17/2017 COMCAST CABLE COMM $4.51 MYCHAL FOWLDS 04/17/2017 04/18/2017 SMK*SURVEYMONKEY.COM $92.87 MYCHAL FOWLDS 04/22/2017 04/24/2017 COMCAST CABLE COMM $140.92 MYCHAL FOWLDS 04/26/2017 04/27/2017 ELECTRO WATCHMAN INC $1,997.15 MYCHAL FOWLDS 04/13/2017 04/17/2017 SHI INTERNATIONAL CORP $1,152.00 NICK FRANZEN 04/17/2017 04/18/2017 MICROSOFT *ANSWER DESK $499.00 NICK FRANZEN 04/20/2017 04/21/2017 BEST BUY MHT 00000109 $53.55 NICK FRANZEN 04/21/2017 04/24/2017 ACT*GTS MCMA CONFERENC $515.00 MICHAEL FUNK 04/20/2017 04/21/2017 SP * MN HIST SCTY SHOP $60.00 VIRGINIA GAYNOR 04/21/2017 04/24/2017 MICHAELS STORES 2744 $24.23 CAROLE GERNES 04/22/2017 04/24/2017 AMAZON.COM AMZN.COM/BILL $40.50 ALEX GERONSIN 04/18/2017 04/19/2017 HENRIKSEN ACE HDWE $22.94 MILES HAMRE 04/21/2017 04/24/2017 THE HOME DEPOT #2801 $55.62 MILES HAMRE 04/18/2017 04/20/2017 THE HOME DEPOT #2801 ($31.88)TAMARA HAYS 04/18/2017 04/20/2017 THE HOME DEPOT #2801 $31.88 TAMARA HAYS 04/24/2017 04/25/2017 A-1 LAUNDRY $16.07 TIMOTHY HOFMEISTER 04/21/2017 04/24/2017 WALGREENS #3122 $14.94 ANN HUTCHINSON 04/13/2017 04/17/2017 THE HOME DEPOT #2801 $2.17 DAVID JAHN 04/17/2017 04/18/2017 DALCO ENTERPRISES $546.17 DAVID JAHN 04/24/2017 04/26/2017 FINANCE AND COMMERCE INC $384.20 MEGHAN JANASZAK 04/18/2017 04/19/2017 MILLS FLEET FARM 2700 $33.99 DON JONES 04/20/2017 04/24/2017 VIKING INDUSTRIAL CENTER $118.00 DON JONES 04/13/2017 04/17/2017 OFFICE DEPOT #1090 $41.58 LOIS KNUTSON 04/13/2017 04/17/2017 OFFICE DEPOT #1090 $10.38 LOIS KNUTSON 04/24/2017 04/26/2017 HONEYBAKED HAM 2527-ECOMM $136.99 LOIS KNUTSON G1, Attachments Packet Page Number 35 of 211 04/24/2017 04/27/2017 LAWMAN COLLECTIBLES LLC $70.60 NICHOLAS KREKELER 04/25/2017 04/27/2017 GREEN MILL - ST CLOUD $23.51 DAVID KVAM 04/26/2017 04/27/2017 BEST WESTERN HOTELS ST $327.00 DAVID KVAM 04/26/2017 04/28/2017 GREEN MILL - ST CLOUD $11.75 DAVID KVAM 04/20/2017 04/21/2017 REPUBLIC SERVICES TRASH $158.74 STEVE LUKIN 04/21/2017 04/24/2017 ORIGINAL MATTRESS FACT $1,707.30 STEVE LUKIN 04/24/2017 04/25/2017 BEST BUY MHT 00000109 $37.49 STEVE LUKIN 04/26/2017 04/27/2017 PEN*FDIC/FIRE ENGINEER $60.00 STEVE LUKIN 04/13/2017 04/17/2017 OFFICEMAX/OFFICE DEPOT616 $384.48 MICHAEL MONDOR 04/20/2017 04/24/2017 BOUND TREE MEDICAL LLC $61.00 MICHAEL MONDOR 04/18/2017 04/19/2017 MILLS FLEET FARM 2700 $33.34 JOHN NAUGHTON 04/20/2017 04/21/2017 HENRIKSEN ACE HDWE $8.99 JOHN NAUGHTON 04/25/2017 04/26/2017 HENRIKSEN ACE HDWE $45.98 JOHN NAUGHTON 04/28/2017 04/28/2017 GALLS $23.74 MICHAEL NYE 04/14/2017 04/17/2017 RED WING SHOE #727 $178.49 JORDAN ORE 04/25/2017 04/26/2017 AMERICANPAY $219.00 ELLEN PAULSETH 04/27/2017 04/28/2017 APA LEARNING SYSTEM $573.12 ELLEN PAULSETH 04/13/2017 04/17/2017 ZIEGLER INC CREDIT DEPT $261.91 STEVEN PRIEM 04/13/2017 04/17/2017 ZIEGLER INC CREDIT DEPT $1,548.75 STEVEN PRIEM 04/13/2017 04/17/2017 ZIEGLER INC CREDIT DEPT $800.96 STEVEN PRIEM 04/14/2017 04/17/2017 AUTO PLUS-LITTLE CANADA $130.79 STEVEN PRIEM 04/18/2017 04/19/2017 TRI-STATE BOBCAT $133.38 STEVEN PRIEM 04/18/2017 04/20/2017 NAPA STORE 3279016 $11.87 STEVEN PRIEM 04/20/2017 04/21/2017 FACTORY MOTOR PARTS #19 $26.36 STEVEN PRIEM 04/20/2017 04/21/2017 FACTORY MOTOR PARTS #19 $6.02 STEVEN PRIEM 04/20/2017 04/24/2017 BOYER FORD TRUCKS $372.65 STEVEN PRIEM 04/21/2017 04/24/2017 FACTORY MOTOR PARTS #19 $6.02 STEVEN PRIEM 04/21/2017 04/24/2017 AN FORD WHITE BEAR LAK $127.14 STEVEN PRIEM 04/21/2017 04/24/2017 MACQUEEN EQUIPMENT INC $638.67 STEVEN PRIEM 04/24/2017 04/25/2017 ZARNOTH BRUSH WORKS INC $916.00 STEVEN PRIEM 04/24/2017 04/25/2017 AUTO PLUS-LITTLE CANADA $17.88 STEVEN PRIEM 04/25/2017 04/26/2017 POMP'S TIRE #021 $404.25 STEVEN PRIEM 04/25/2017 04/26/2017 AN FORD WHITE BEAR LAK $575.55 STEVEN PRIEM 04/25/2017 04/26/2017 TRUCK UTILITIES INC ST PA $527.15 STEVEN PRIEM 04/25/2017 04/26/2017 TRI-STATE BOBCAT $125.77 STEVEN PRIEM 04/27/2017 04/28/2017 RESTORATION AND REPA $225.00 STEVEN PRIEM 04/27/2017 04/28/2017 FACTORY MOTOR PARTS #19 $12.37 STEVEN PRIEM 04/27/2017 04/28/2017 FACTORY MOTOR PARTS #19 $3.01 STEVEN PRIEM 04/27/2017 04/28/2017 STATE CHEMIC*STATE CHE $131.95 STEVEN PRIEM 04/27/2017 04/28/2017 POLAR CHEVROLET MAZDA $29.95 STEVEN PRIEM 04/24/2017 04/25/2017 DALCO ENTERPRISES $57.51 KELLY PRINS 04/24/2017 04/25/2017 TEMPLEPUBLI $975.00 TERRIE RAMEAUX 04/19/2017 04/20/2017 AMAZON MKTPLACE PMTS $155.78 MICHAEL RENNER 04/17/2017 04/18/2017 BCS*ISD 622 COMMUNITY ED $850.00 AUDRA ROBBINS 04/21/2017 04/24/2017 CUB FOODS, INC.$49.70 AUDRA ROBBINS 04/21/2017 04/24/2017 MENARDS MAPLEWOOD MN $38.15 AUDRA ROBBINS 04/22/2017 04/24/2017 CUB FOODS #1599 $9.04 AUDRA ROBBINS 04/22/2017 04/24/2017 MCDONALD'S F3118 $8.57 AUDRA ROBBINS 04/22/2017 04/24/2017 THE HOME DEPOT #2801 $19.94 AUDRA ROBBINS 04/21/2017 04/24/2017 CVS/PHARMACY #01751 $1,259.50 JOSEPH RUEB 04/21/2017 04/24/2017 CVS/PHARMACY #01751 $311.90 JOSEPH RUEB 04/21/2017 04/24/2017 CVS/PHARMACY #01751 $155.95 JOSEPH RUEB 04/20/2017 04/21/2017 MILLS FLEET FARM 2700 $32.70 ROBERT RUNNING 04/20/2017 04/24/2017 THE HOME DEPOT #2801 $139.67 ROBERT RUNNING 04/18/2017 04/19/2017 LILLIE SUBURBAN NEWSPAPER $758.50 DEB SCHMIDT 04/27/2017 04/28/2017 LILLIE SUBURBAN NEWSPAPER $1,356.25 DEB SCHMIDT 04/17/2017 04/19/2017 FEDEXOFFICE 00000828 $210.22 PAUL SCHNELL 04/24/2017 04/26/2017 GREEN MILL - ST CLOUD $57.24 PAUL SCHNELL 04/26/2017 04/27/2017 BEST WESTERN HOTELS ST $327.00 PAUL SCHNELL 04/14/2017 04/17/2017 REPUBLIC SERVICES TRASH $171.18 SCOTT SCHULTZ 04/24/2017 04/26/2017 ON SITE SANITATION INC $1,662.00 SCOTT SCHULTZ 04/26/2017 04/27/2017 BEST WESTERN HOTELS ST $327.00 MICHAEL SHORTREED 04/26/2017 04/28/2017 GREEN MILL - ST CLOUD $11.27 MICHAEL SHORTREED 04/14/2017 04/17/2017 RUTTGERS BAY LAKE LODGE $200.19 MICHAEL THOMPSON 04/19/2017 04/20/2017 U OF M CONTLEARNING $235.00 MICHAEL THOMPSON G1, Attachments Packet Page Number 36 of 211 04/14/2017 04/17/2017 OFFICE DEPOT #1090 $39.73 KAREN WACHAL 04/14/2017 04/17/2017 ZORO TOOLS INC $132.80 TAMMY WYLIE $29,175.18 G1, Attachments Packet Page Number 37 of 211 Check Description Amount 99666 02324 PRAIRIE FARM RESTORATION CPL GRANT 8,944.68 99667 00283 FIRE - CEU TRAINING 1,875.00 99668 05215 SOCCER INSTRUCTION - SPRING 2,500.00 99669 00585 NET BILLABLE TICKETS - APRIL 760.05 99670 05598 PROSECUTION SERVICES - APRIL 16,250.00 99671 00393 MONTHLY SURTAX - APRIL 1230352017 3,486.27 99672 05311 SOFTBALL UMPIRES 5/01 - 5/07 467.00 99673 04845 RECYCLING FEE - APRIL 42,831.25 99674 05559 ONLINE BENEFITS ADMIN FEE- MAY 310.00 99675 05361 VERIFICATION SERVICES 2017B BONDS 2,250.00 99676 03921 YOUTH BASKETBALL LEAGUE EXPENSES 1,318.46 99677 05283 CHEMGUARD CLASS A PLUS 170.00 99678 05618 LEASE CHARGES FIRE & PD VEHICLES 3,031.74 99679 04067 REPAIR EMTF SPRINKLER SYSTEM 385.00 99680 00003 ESCROW-WESTON-1501 BROOKS AVE E 250.00 99681 00755 NEW HELMETS 12,816.00 99682 00846 PD PHONE-BASED INTERPRETIVE SRVS 109.56 99683 04318 DISPOSAL OF EXCESS FILL 129.99 99684 01126 MONTHLY PREMIUM - MAY 464.00 99685 00001 REFUND I BENGAZI - PERMIT APP 181.00 99686 00001 REFUND P SORNESON - SOFTBALL 75.00 99687 01344 TUJ LUB CONSTRUCTION 75,000.00 99688 01340 EMS TRAINING 1,650.00 01340 EMS TRAINING 1,500.00 01340 MEDICAL SUPPLIES 1,438.87 01340 EMS TRAINING 150.00 99689 01522 LAW ENFORCEMENT DATA WORKSHOP 225.00 99690 01550 ELECTRICAL INSPECTIONS - APRIL 1,839.60 99691 05813 BOARDING UP STARGATE'S DOOR CN#170 280.17 99692 01720 CLASS 2 RAIN GEAR 2,097.29 01720 CLASS 2 RAIN BIBS 219.08 01720 CLASS 2 RAIN GEAR 106.52 01720 CLASS 2 RAIN GEAR -312.41 99693 05705 JANITORIAL SERVICES - APRIL 80.00 99694 05578 ARTIST COMPENSATION (GRANT)9,562.07 192,441.1929Checks in this report. 05/16/2017 TERRI WOLD 05/16/2017 REGIONS HOSPITAL REGIONS HOSPITAL 05/16/2017 SUPERIOR CONSTRUCTION SERVICES 05/16/2017 VIKING INDUSTRIAL CENTER 05/16/2017 REGIONS HOSPITAL 05/16/2017 REGIONS HOSPITAL 05/16/2017 TENNIS SANITATION LLC 05/16/2017 APPRIZE TECHNOLOGY SOLUTIONS 05/16/2017 BARTHE & WAHRMAN 05/16/2017 ESCAPE FIRE 05/16/2017 ONE TIME VENDOR 05/16/2017 ESCROW REFUND 05/16/2017 JEFFERSON FIRE & SAFETY INC 05/16/2017 LANGUAGE LINE SERVICES 05/16/2017 MILLER EXCAVATING, INC. 05/16/2017 NCPERS MINNESOTA 05/16/2017 ONE TIME VENDOR STATE OF MINNESOTA 05/16/2017 SUMMIT INSPECTIONS 05/16/2017 05/16/2017 RAMSEY COUNTY PARKS & REC. 05/16/2017 MN DEPT OF LABOR & INDUSTRY 05/16/2017 WILLIE MCCRAY 05/16/2017 05/16/2017 APPLIED ECOLOGICAL SERVICES 05/16/2017 CENTURY COLLEGE KELLY & LEMMONS, P.A. 05/16/2017 CORESTRONG FITNESS LLC 05/16/2017 GOPHER STATE ONE-CALL 05/16/2017 COTTAGE GROVE ATHLETIC ASSOC. 05/16/2017 EMERGENCY RESPONSE SOLUTIONS 05/16/2017 ENTERPRISE FM TRUST 05/16/2017 Check Register City of Maplewood 05/12/2017 Date Vendor 05/16/2017 VIKING INDUSTRIAL CENTER 05/16/2017 VIKING INDUSTRIAL CENTER 05/16/2017 VIKING INDUSTRIAL CENTER 05/16/2017 Z PUPPETS ROSENSCHNOZ G1, Attachments Packet Page Number 38 of 211 Settlement Date Payee Description Amount 5/8/2017 MN State Treasurer Drivers License/Deputy Registrar 33,608.87 5/8/2017 U.S. Treasurer Federal Payroll Tax 96,003.24 5/8/2017 P.E.R.A.P.E.R.A.97,953.46 5/8/2017 MN State Treasurer State Payroll Tax 20,012.64 5/8/2017 Labor Unions Union Dues 2,197.30 5/8/2017 MidAmerica - ING HRA Flex plan 14,137.57 5/8/2017 Empower - State Plan Deferred Compensation 29,256.00 5/9/2017 MN State Treasurer Drivers License/Deputy Registrar 20,368.25 5/10/2017 MN State Treasurer Drivers License/Deputy Registrar 45,539.32 5/10/2017 Delta Dental Dental Premium 3,466.80 5/11/2017 MN State Treasurer Drivers License/Deputy Registrar 54,615.46 5/12/2017 MN State Treasurer Drivers License/Deputy Registrar 40,749.20 5/12/2017 Optum Health DCRP & Flex plan payments 613.87 5/12/2017 MN Dept of Natural Resources DNR electronic licenses 1,275.50 459,797.48 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 39 of 211 CHECK #CHECK DATE EMPLOYEE NAME 552.60 41.86 49.23 XIONG, TOU 456.30 2,740.86 05/05/17 DEBILZAN, JUDY 2,327.39 05/05/17 VITT, SANDRA 1,298.91 05/05/17 WEAVER, KRISTINE PRINS, KELLY 2,255.99 ABRAMS, MARYLEE 456.30 05/05/17 KNUTSON, LOIS ANDERSON, CAROLE 05/05/17 OSTER, ANDREA 2,091.82 05/05/17 RICHTER, CHARLENE AMOUNT 05/05/17 05/05/17 OSWALD, BRENDA 2,168.02 05/05/17 PAULSETH, ELLEN 4,694.56 05/05/17 HERZOG, LINDSAY 1,376.78 05/05/17 RAMEAUX, THERESE 3,381.92 05/05/17 JAHN, DAVID 2,090.02 05/05/17 05/05/17 BERG, TERESA 945.00 05/05/17 CORCORAN, THERESA 2,084.89 2,816.40 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount 05/05/17 BEGGS, REGAN 1,945.79 05/05/17 EVANS, CHRISTINE 2,082.59 05/05/17 RUEB, JOSEPH 3,416.50 05/05/17 ARNOLD, AJLA 2,021.23 05/05/17 05/05/17 SCHNELL, PAUL 5,379.15 05/05/17 SHEA, STEPHANIE 1,720.99 05/05/17 HENDRICKS, JENNIFER 1,598.40 05/05/17 KVAM, DAVID 4,641.50 05/05/17 ABEL, CLINT 3,224.58 05/05/17 ALDRIDGE, MARK 3,827.17 05/05/17 SHORTREED, MICHAEL 4,511.95 05/05/17 WYLIE, TAMMY 1,926.59 05/05/17 BELDE, STANLEY 3,488.96 05/05/17 BENJAMIN, MARKESE 3,538.48 05/05/17 BAKKE, LONN 3,488.96 05/05/17 BARTZ, PAUL 3,679.26 05/05/17 BUSACK, DANIEL 3,933.97 05/05/17 CARNES, JOHN 397.40 05/05/17 BERGERON, ASHLEY 2,077.63 05/05/17 BIERDEMAN, BRIAN 3,663.37 05/05/17 CROTTY, KERRY 4,251.22 1,170.12 05/05/17 HANSON, MELISSA 1,133.80 05/05/17 MOY, PAMELA 1,667.91 05/05/17 CRAWFORD, LEIGH 2,043.39 05/05/17 LARSON, MICHELLE 2,082.59 05/05/17 SCHMIDT, DEBORAH 3,346.37 05/05/17 SINDT, ANDREA 3,060.57 2,628.85 05/05/17 CHRISTENSON, SCOTT 2,258.21 05/05/17 COLEMAN, MELINDA 6,394.53 05/05/17 FUNK, MICHAEL 5,467.75 05/05/17 05/05/17 JUENEMANN, KATHLEEN 456.30 05/05/17 SLAWIK, NORA 518.43 05/05/17 SMITH, BRYAN 1,008.90 G1, Attachments Packet Page Number 40 of 211 05/05/17 DUGAS, MICHAEL 4,147.29 05/05/17 ERICKSON, VIRGINIA 3,328.49 05/05/17 DEMULLING, JOSEPH 3,700.52 05/05/17 FRITZE, DEREK 3,336.02 05/05/17 GABRIEL, ANTHONY 3,224.58 05/05/17 FISHER, CASSANDRA 2,107.40 05/05/17 FORSYTHE, MARCUS 3,095.79 05/05/17 HIEBERT, STEVEN 3,505.27 05/05/17 HOEMKE, MICHAEL 385.28 05/05/17 HAWKINSON JR, TIMOTHY 3,968.58 05/05/17 HER, PHENG 3,189.19 05/05/17 JOHNSON, KEVIN 4,006.13 05/05/17 KONG, TOMMY 3,224.58 05/05/17 HOFMEISTER, TIMOTHY 496.00 05/05/17 JAMES JR, JUSTIN 464.00 05/05/17 LANDEROS CRUZ, JESSICA 348.00 05/05/17 LANGNER, SCOTT 3,224.58 05/05/17 KREKELER, NICHOLAS 882.83 05/05/17 KROLL, BRETT 1,759.45 05/05/17 MARINO, JASON 3,224.58 05/05/17 MCCARTY, GLEN 3,447.77 05/05/17 LANGNER, TODD 3,582.33 05/05/17 LYNCH, KATHERINE 3,095.79 05/05/17 MOE, AEH BEL 348.00 05/05/17 MULVIHILL, MARIA 2,584.52 05/05/17 METRY, ALESIA 3,759.45 05/05/17 MICHELETTI, BRIAN 3,194.05 05/05/17 OLSON, JULIE 3,459.48 05/05/17 PARKER, JAMES 3,271.73 05/05/17 NYE, MICHAEL 4,004.55 05/05/17 OLDING, PARKER 3,139.08 05/05/17 SLATER, BENJAMIN 3,194.05 05/05/17 STARKEY, ROBERT 2,175.51 05/05/17 PETERSON, JARED 2,991.39 05/05/17 REZNY, BRADLEY 4,228.40 05/05/17 TAUZELL, BRIAN 3,186.21 05/05/17 THIENES, PAUL 3,861.81 05/05/17 STEINER, JOSEPH 3,838.67 05/05/17 SYPNIEWSKI, WILLIAM 3,224.58 05/05/17 XIONG, KAO 3,254.30 05/05/17 XIONG, TUOYER 464.00 05/05/17 VANG, PAM 2,694.48 05/05/17 WENZEL, JAY 1,190.50 05/05/17 BAHL, DAVID 258.79 05/05/17 BASSETT, BRENT 159.00 05/05/17 ZAPPA, ANDREW 2,991.39 05/05/17 ANDERSON, BRIAN 354.44 05/05/17 BOURQUIN, RON 1,002.24 05/05/17 CAPISTRANT, JOHN 320.60 05/05/17 BAUMAN, ANDREW 3,199.59 05/05/17 BEITLER, NATHAN 212.00 05/05/17 CRUMMY, CHARLES 387.56 05/05/17 DABRUZZI, THOMAS 3,188.73 05/05/17 COREY, ROBERT 357.75 05/05/17 CRAWFORD - JR, RAYMOND 3,226.27 05/05/17 HAGEN, MICHAEL 374.31 05/05/17 HALE, JOSEPH 401.70 05/05/17 DAWSON, RICHARD 3,782.69 05/05/17 EVERSON, PAUL 3,678.41 05/05/17 HALWEG, JODI 2,984.54 05/05/17 HAWTHORNE, ROCHELLE 2,869.83 G1, Attachments Packet Page Number 41 of 211 05/05/17 HUTCHINSON, JAMES 227.89 05/05/17 IMM, TRACY 36.44 05/05/17 KARRAS, JAMIE 665.81 05/05/17 KERSKA, JOSEPH 983.83 05/05/17 JANSEN, CHAD 516.76 05/05/17 KANE, ROBERT 969.49 05/05/17 LANDER, CHARLES 2,663.12 05/05/17 LINDER, TIMOTHY 4,116.99 05/05/17 KONDER, RONALD 354.44 05/05/17 KUBAT, ERIC 3,101.68 05/05/17 MONDOR, MICHAEL 4,480.47 05/05/17 MORGAN, JEFFERY 344.41 05/05/17 LOCHEN, MICHAEL 719.67 05/05/17 MERKATORIS, BRETT 29.81 05/05/17 NOVAK, JEROME 3,571.97 05/05/17 NOWICKI, PAUL 221.94 05/05/17 NEILY, STEVEN 553.19 05/05/17 NIELSEN, KENNETH 679.80 05/05/17 PETERSON, ROBERT 3,347.48 05/05/17 POWERS, KENNETH 3,748.70 05/05/17 OPHEIM, JOHN 227.89 05/05/17 PACHECO, ALPHONSE 1,052.95 05/05/17 RODRIGUEZ, ROBERTO 2,807.64 05/05/17 SAUERWEIN, ADAM 555.20 05/05/17 RAINEY, JAMES 39.75 05/05/17 RANGEL, DERRICK 440.57 05/05/17 SVENDSEN, RONALD 4,052.38 05/05/17 TROXEL, REID 79.51 05/05/17 SEDLACEK, JEFFREY 3,179.80 05/05/17 STREFF, MICHAEL 3,091.93 05/05/17 LUKIN, STEVEN 5,088.01 05/05/17 CORTESI, LUANNE 2,082.59 05/05/17 ZAPPA, ERIC 2,774.92 05/05/17 LO, CHING 1,116.59 05/05/17 BUCKLEY, BRENT 2,369.69 05/05/17 DOUGLASS, TOM 1,944.89 05/05/17 JANASZAK, MEGHAN 2,343.36 05/05/17 BRINK, TROY 3,044.34 05/05/17 MEISSNER, BRENT 2,369.69 05/05/17 NAGEL, BRYAN 4,045.40 05/05/17 EDGE, DOUGLAS 2,468.51 05/05/17 JONES, DONALD 2,381.99 05/05/17 RUNNING, ROBERT 2,781.55 05/05/17 TEVLIN, TODD 2,371.99 05/05/17 OSWALD, ERICK 3,101.63 05/05/17 RUIZ, RICARDO 2,155.29 05/05/17 ENGSTROM, ANDREW 3,024.49 05/05/17 JAROSCH, JONATHAN 3,781.79 05/05/17 BURLINGAME, NATHAN 2,744.00 05/05/17 DUCHARME, JOHN 3,003.91 05/05/17 THOMPSON, MICHAEL 5,479.50 05/05/17 ZIEMAN, SCOTT 184.00 05/05/17 LINDBLOM, RANDAL 3,003.91 05/05/17 LOVE, STEVEN 4,442.23 05/05/17 HINNENKAMP, GARY 2,752.20 05/05/17 NAUGHTON, JOHN 2,544.27 05/05/17 HAMRE, MILES 2,239.08 05/05/17 HAYS, TAMARA 2,331.02 05/05/17 BIESANZ, OAKLEY 1,900.39 05/05/17 ORE, JORDAN 2,174.82 05/05/17 BALLANDBY, JOSEPH 972.00 G1, Attachments Packet Page Number 42 of 211 99102698 99102699 99102700 05/05/17 VANG, DONNA 82.50 498,957.00 05/05/17 RENNER, MICHAEL 2,127.78 05/05/17 DIEZ, ANTONIO 50.00 05/05/17 KRUEGER, SCOTT 115.00 05/05/17 FOWLDS, MYCHAL 4,419.45 05/05/17 FRANZEN, NICHOLAS 3,472.01 05/05/17 GERONSIN, ALEXANDER 2,163.50 05/05/17 COUNTRYMAN, BRENDA 1,728.06 05/05/17 HARRER, NATALIE 1,486.88 05/05/17 PRIEM, STEVEN 2,666.30 05/05/17 XIONG, BOON 2,251.69 05/05/17 WOEHRLE, MATTHEW 2,437.53 05/05/17 GERNES, CAROLE 1,463.34 05/05/17 TROENDLE, CATHY JO 504.00 05/05/17 WACHAL, KAREN 1,085.64 05/05/17 HER, KONNIE 280.50 05/05/17 HUTCHINSON, ANN 2,930.89 05/05/17 JOHNSON, ELIZABETH 1,774.59 05/05/17 KONEWKO, DUWAYNE 5,242.36 05/05/17 WOLFE, KAYLA 373.50 05/05/17 GAYNOR, VIRGINIA 3,583.43 05/05/17 MARTIN, MICHAEL 3,609.86 05/05/17 BRASH, JASON 3,321.59 05/05/17 KROLL, LISA 2,084.89 05/05/17 FINWALL, SHANN 4,037.71 05/05/17 WEIDNER, JAMES 2,383.39 05/05/17 WELLENS, MOLLY 2,068.05 05/05/17 SWAN, DAVID 3,056.49 05/05/17 SWANSON, CHRIS 2,210.59 05/05/17 ETTER, LAURA 130.00 05/05/17 FORTIER, JESSICA 40.00 05/05/17 BJORK, BRANDON 74.75 05/05/17 BRENEMAN, NEIL 2,610.16 05/05/17 NEUMANN, BRAD 147.25 05/05/17 PIEPER, THEODORE 46.13 05/05/17 GORACKI, GERALD 80.00 05/05/17 LO, SATHAE 38.00 3,320.80 05/05/17 VAN PATTEN, MICHAEL 10.00 05/05/17 VUKICH, CANDACE 125.00 05/05/17 ROBBINS, AUDRA 3,677.59 05/05/17 ROBBINS, CAMDEN 207.00 05/05/17 WILBER, JEFFREY 2,037.00 05/05/17 WISTL, MOLLY 277.50 05/05/17 JENSEN, JOSEPH 1,960.09 05/05/17 SCHULTZ, SCOTT 4,002.21 05/05/17 ADAMS, DAVID 2,576.76 05/05/17 HAAG, MARK 2,611.59 05/05/17 BERGO, CHAD 3,296.47 05/05/17 FAIRBANKS, GEORGE G1, Attachments Packet Page Number 43 of 211 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: May 22, 2017 SUBJECT: Consider Approval of Resolution to Adopt State Performance Measures Introduction The Council on Local Results and Innovation was created by the 2010 Legislature to set benchmarks for city and county operations. The Council adopted standards to aid taxpayers and local government officials in determining the efficacy of city and county services and to measure the community’s opinion of those services. Participation is voluntary; however, participants are eligible for a reimbursement of $0.14 per capita in local government aid (not to exceed $25,000) and are exempt from potential levy limits for taxes payable in 2018. Background Based on the 2010 census, adoption of these standards would allow Maplewood to collect $5,322 in 2017. The League of MN Cities has summarized the reporting requirements and created a survey tool to help cities fulfill the citizen survey requirement. It will not be necessary to mail a formal survey. The League will create an on-line survey hosted by Survey Monkey, which will allow the city to share the survey link with residents on the city website, in the city newsletter and through social media. Budget Impact Staff time will be needed to create the survey and process the results. The funding being provided by the State should be more than sufficient to cover these costs. Recommendation Staff recommends approval of the Resolution to Adopt State Performance Measures. Attachments 1. Model Performance Measures for Cities 2. Resolution Adopting State Performance Measures Packet Page Number 44 of 211 G2, Attachment 1 Model Performance Measures for Cities The following are the recommended model measures of performance outcomes for cities, with alternatives provided in some cases. Key output measures are also suggested for consideration by local city officials. General: 1. Rating of the overall quality of services provided by your city (Citizen Survey: excellent, good, fair, poor) 2. Percent change in the taxable property market value 3. Citizens’ rating of the overall appearance of the city (Citizen Survey: excellent, good, fair, poor) Police Services: 4. Part I and II crime rates (Submit data as reported by the Minnesota Bureau of Criminal Apprehension. Part I crimes include murder, rape, aggravated assault, burglary, larceny, motor vehicle theft, and arson. Part II crimes include other assaults, forgery/counterfeiting, embezzlement, stolen property, vandalism, weapons, prostitution, other sex offenses, narcotics, gambling, family/children crime, D.U.I., liquor laws, disorderly conduct, and other offenses.) OR Citizens’ rating of safety in their community (Citizen Survey: very safe, somewhat safe, neither safe nor unsafe, somewhat unsafe, very unsafe) Output Measure: Police response time (Time it takes on top priority calls from dispatch to the first officer on scene.) Fire Services: 5. Insurance industry rating of fire services (The Insurance Service Office (ISO) issues ratings to Fire Departments throughout the country for the effectiveness of their fire protection services and equipment to protect their community. The ISO rating is a numerical grading system and is one of the primary elements used by the insurance industry to develop premium rates for residential and commercial businesses. ISO analyzes data using a Fire Suppression Rating Schedule (FSRS) and then assigns a Public Protection Classification from 1 to 10. Class 1 generally represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria.) OR Citizens’ rating of the quality of fire protection services (Citizen Survey: excellent, good, fair, poor) Output Measure: Fire response time (Time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire). Emergency Medical Services (EMS) response time (if applicable) (Time it takes from dispatch to arrival of EMS) Packet Page Number 45 of 211 G2, Attachment 1 Streets: 6. Average city street pavement condition rating (Provide average rating and the rating system program/type. Example: 70 rating on the Pavement Condition Index (PCI)) OR Citizens’ rating of the road condition in their city (Citizen Survey: good condition, mostly good condition, many bad spots) 7. Citizens’ rating the quality of snowplowing on city streets (Citizen Survey: excellent, good, fair, poor) Water: 8. Citizens’ rating of the dependability and quality of city water supply (centrally-provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Operating cost per 1,000,000 gallons of water pumped/produced (centrally-provided system) (Actual operating expense for water utility / (total gallons pumped/1,000,000)) Sanitary Sewer: 9. Citizens’ rating of the dependability and quality of city sanitary sewer service (centrally provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Number of sewer blockages on city system per 100 connections (centrally provided system) (Number of sewer blockages on city system reported by sewer utility / (population/100)) Parks and Recreation: 10. Citizens’ rating of the quality of city recreational programs and facilities (parks, trails, park buildings) (Citizen Survey: excellent, good, fair, poor) Packet Page Number 46 of 211 G2, Attachment 2 Councilmember _______________________ introduced the following resolution and moved its adoption: RESOLUTION ADOPTING STATE PERFORMANCE MEASURES WHEREAS, Benefits to the City of Maplewood for participation in the Minnesota Council on Local Results and Innovation’s comprehensive performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute; and WHEREAS, Any city or county participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and WHEREAS, The City Council of Maplewood has adopted and implemented at least 10 of the performance measures, as developed by the Council on Local Results and Innovation, and a system to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes; and NOW THEREFORE LET IT BE RESOLVED THAT, The City Council of Maplewood will continue to report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, The City Council of Maplewood will submit to the Office of the State Auditor the actual results of the performance measures adopted by the city/county. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _____________________ and upon vote being taken thereon, the following voted in favor and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to participation in the State’s Performance Measurement Program. ______________________________ City Clerk Packet Page Number 47 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Steven Love, City Engineer / Deputy Public Works Director DATE: May 16, 2017 SUBJECT: Approval of Resolution Entering into a Master Partnership Contract between the Minnesota Department of Transportation and the City of Maplewood Introduction The City Council will consider approving the Resolution for Entering into a Master Partnership Contract between MnDOT and the City of Maplewood with an expiration date of June 30, 2022. This item is standard and the renewal occurs every four to five years and covers routine services. It is important to note that with this approval all City Purchasing Policies remain in effect. Background/Discussion The Master Partnership Contract between the Minnesota Department of Transportation (MnDOT) and the City of Maplewood expires on June 30, 2017 and a standard renewal is needed for Maplewood and all other local agencies. MnDOT provides lab testing services, materials procurement, and maintenance related activities under the master contract for example. The Master Partnership Contract emphasizes MnDOT’s continuing effort to partner with cities, counties and other political subdivisions to deliver transportation related services in the most efficient and effective manner possible. This agreement allows for repetitive low-cost services routinely performed by the State for local government without the execution of a work order contract. These services would include items such as pavement striping, sign and signal repair, bridge load ratings, bridge and structure inspection, minor bridge maintenance, minor road maintenance, pavement condition data, and material testing for example. The Master Partnership Contract requires project specific work order contracts for professional and technical services, roadway maintenance, construction administration, and emergency services. A fully executed work order contract is required prior to any work beginning on a proposed project. These work order contracts are reciprocal, and can be used when MnDOT provides services or cities provide services to MnDOT. Additionally, the work order contracts provide a mechanism for MnDOT to receive payment from cities or for cities to be paid by MnDOT. If approved, the new contract will expire on June 30, 2022. MnDOT has set this expiration date for all cities so that all cities will be required to renew their contracts once every 5 years on a standard date. Therefore a new contract will be brought before the council prior to the June 30, 2022 expiration date and will need to be renewed once every 5 years. G3 Packet Page Number 48 of 211 Budget There are no budget impacts and the City Purchasing Policy remains in effect for all services related to this Master Contract as outlined in the attached Resolution and Section 9 of the Contract. Recommendation It is recommended that the City Council approve the attached resolution that authorizes the City of Maplewood to enter into a Master Partnership Contract between the Minnesota Department of Transportation and the City of Maplewood. The Mayor and City Manager are authorized to sign said Contract signifying council approval. Minor revisions as approved by the City Attorney are authorized as needed. Attachments 1. Resolution – Master Partnership Contract 2. Master Partnership Contract G3 Packet Page Number 49 of 211 RESOLUTION MASTER PARTNERSHIP CONTRACT Whereas, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and Whereas, MnDOT and local governments are authorized by Minnesota Statutes sections 471.59, 174.02, and 161.20, to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and Whereas: the parties wish to able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs. Therefore, be it resolved: 1. That the City of Maplewood enter into a Master Partnership Contract with the Minnesota Department of Transportation, a copy of which was before the City Council. 2. That the proper City officers are authorized to execute such contract and any amendments thereto. 3. That the City Engineer is authorized to negotiate work order contracts pursuant to the Master Contract, which work order contracts may provide for payment to or from MnDOT, and that the City Engineer may execute such work order contracts on behalf of the City of Maplewood in conformance with the City’s most current Purchasing Policy. Approved this 22nd day of May, 2017. Attest: __________________________ By: __________________________ Title: __________________________ Date: __________________________ G3 Attachment 1 Packet Page Number 50 of 211 MnDOT Contract Number: 1028146 STATE OF MINNESOTA AND CITY OF MAPLEWOOD MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract referred to as the “State” and the City of Maplewood, acting through its City Council in this contract referred to as the “Local Government." Recitals 1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. 3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a “Work Order” contracts. 7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific work. 8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Partnership Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1.Effective Date:This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3.Expiration Date.This Contract will expire on June 30, 2022. Page 1 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 51 of 211 MnDOT Contract Number: 1028146 1.4.Work Order Contracts.A work order contract must be negotiated and executed (by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project. A party must not begin work under a work order until the work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in the work order. The Local Government understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5.Survival of Terms.The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6.Sample Work Order. A sample work order contract is available upon request from the State. 1.7.Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC. “Requesting Party” is defined as the party requesting the other party to perform work under a work order contract. “Providing Party” is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1.Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request may be made via telephone, but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal processes and practices, including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will charge the Local Government the State’s then-current rate for performing the Technical Services. The then-current rate may include the State’s normal and customary additives. The State will invoice the Local Government upon completion of the services, or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1.Work Order Contracts:A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 52 of 211 MnDOT Contract Number: 1028146 3.2.Professional and Technical Services.A party may provide professional and technical services upon the request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services “means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendation; and result in the production of a report or completion of a task.” Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include (by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation, right-of-way assistance (such as performing appraisals or providing relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final construction plans, graphic presentations, public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party’s professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3.Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4.Construction Administration.A party may administer roadway construction projects upon the request of the other party. Roadway construction includes (by way of example and without limitation) the construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work (including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills, training, expertise or certification to perform such work. 3.5.Emergency Services.A party may provide aid upon request of the other party in the event of a man-made disaster, natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations. These services include, without limitation, planning, engineering, construction, maintenance, and removal and disposal services related to things such as road closures, traffic control, debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills, training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work, the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order, the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although “on call” work orders may be prepared for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. Page 3 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 53 of 211 MnDOT Contract Number: 1028146 The Local Government will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1.Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized representative is responsible for administering the work order, and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer, the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party’s authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Local Government to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued, the Providing Agency will comply with all applicable Federal and State laws and regulations. When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2.Additional Terms for Roadway Maintenance.The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals, policies and operations. 4.2.3. The Providing Party must use State-approved materials, including (by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3.Additional Terms for Construction Administration.The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. Page 4 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 54 of 211 MnDOT Contract Number: 1028146 4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will, upon the other’s request, furnish copies of right of way certificates, easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project work if such changes do not increase the Requesting Party’s cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party’s written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State’s request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State’s Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way, the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if the contractor is violating the terms of any law, regulation, or permit applicable to the work. The State will have no liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including, but not limited to, National Pollutant Discharge Elimination System (NPDES) and other environmental permits. 4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party Page 5 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 55 of 211 MnDOT Contract Number: 1028146 5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction, that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract, the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1.Consideration.The Requesting Party will pay the Providing Party as specified in the work order. The State’s normal and customary additives will apply to work performed by the State, unless otherwise specified in the work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum” or “unit rate” payment. 7.2.State’s Maximum Obligation.The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this MPC will not exceed $500,000.00. 7.3.Travel Expenses.It is anticipated that all travel expenses will be included in the base cost of the Providing Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written approval for such travel. 7.4.Payment. 7.4.1.Generally.The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2.Payment by the Local Government. Page 6 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 56 of 211 MnDOT Contract Number: 1028146 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2.IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1028146 and Invoice Number ###### Mail Stop 215 395 John Ireland Blvd St. Paul, MN 55155 7.4.3.Payment by the State. 7.4.3.1.Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order, but no more frequently than monthly. 7.4.3.2.Retainage for Professional and Technical Services.For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State’s authorized representative. The balance due will be paid when the State’s authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. 9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government’s Authorized Representative for administering this master contract is the Local Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s performance. The Local Government’s Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government’s Project Manager will be identified in each work order contract. 10. State’s Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the responsibility to monitor the State’s performance. 10.2. The State’s Project Manager will be identified in each work order contract. Page 7 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) in conformance with the City's most current Purchasing Policy. G3 Attachment 2 Packet Page Number 57 of 211 MnDOT Contract Number: 1028146 11. Assignment, Amendments, Waiver, and Contract Complete 11.1.Assignment.Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2.Amendments.Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3.Waiver.If a party fails to enforce any provision of this master contract or any work order contract, that failure does not waive the provision or the party’s right to subsequently enforce it. 11.4.Contract Complete.This master contract and any work order contract contain all negotiations and contracts between the State and the Local Government. No other understanding regarding this master contract or any work order contract issued hereunder, whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1.Government Data Practices.The Local Government and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Local Government under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2.Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this master contract or any work order contract. Works includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, Page 8 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 58 of 211 MnDOT Contract Number: 1028146 studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes, including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2.Obligations with Respect to Intellectual Property. 14.2.2.1.Notification.Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors, in the performance of the work order contract, the Providing Party will immediately give the Requesting Party’s Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2.Representation.The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1.Covered Contracts and Contractors.If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance, must certify that it is in compliance with federal affirmative action requirements. 15.2.Minn. Stat. § 363A.36.Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3.Minn. R. Parts 5000.3400-5000.3600. Page 9 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 59 of 211 MnDOT Contract Number: 1028146 15.3.1.General.Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2.Disabled Workers.The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3.Consequences.The consequences for the Contractor’s failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner, refusal by the Commissioner to approve subsequent plans, and termination of all or part of this contract by the Commissioner or the State. 15.3.4.Certification.The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers’ Compensation Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be Page 10 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 60 of 211 MnDOT Contract Number: 1028146 subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1.Publicity.Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from a work order contract. 17.2.Data Practices Act.Section 17.1 is not intended to override the Local Government’s responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 19. Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat. § 181.59.The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1.Termination by the State for Convenience.The State or commissioner of Administration may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the Local Government. Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.2.Termination by the Local Government for Convenience.The Local Government may cancel this MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the State. Page 11 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 61 of 211 MnDOT Contract Number: 1028146 Upon termination, the Local Government and the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 21.3.Termination for Insufficient Funding.The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State’s receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank – signature page follows] Page 12 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) G3 Attachment 2 Packet Page Number 62 of 211 MnDOT Contract Number: 1028146 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The Local Government certifies that the appropriate person(s) have executed the contract on behalf of the Local Government as required by applicable ordinance, resolution, or charter provision. By: By:(with delegated authority) Title:Title Assistant Commissioner or Assistant Division Director Date:Date: By: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By: Date:Date: Page 13 of 13 CM Master Partnership Contract (CM Rev. 04/10/2017) Mayor City Manager G3 Attachment 2 Packet Page Number 63 of 211 Page 1 of 4MPC Program FY 2017-2022Exhibit A - Table of Tech ServUsed with TA98 Project IDsIf a source code is not on this list, a work order is needed.Date: 04/20/2017If a source code is not on this list, a work order is needed.Source CodeTitle Description0032 Business Unit ManagementAll expenses of business/office managers for general management and administration of support functions. includes administering central facilities maintenance and facilities capital budgets.0152 Support Services Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other MnDOT systems, attending staff meetings and other indirect support activities.0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.0600 General Training Attended All costs (time, registration, materials, travel expenses, etc.) for attending or participating informal or informal training, including conferences that primarily provide training.1182 Soils/Foundation Field/Laboratory Tests All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability and triaxial tests.1312 Tech Assist-Outside MnDOTUse when providing technical assistance to an organization external to MnDOT.1421 Bridge Management System Operation/Administration/DataUse for tasks related to the Bridge Management System, including operations, administration, or data entry.1434 Structural Metals Inspection-Non DOT Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices) for local agency projects.1501 Traffic Management System (TMS) Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information, managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables, monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use when providing traffic operations technical assistance external to MnDOT.1513 Traffic Management System (TMS) IntegrationFor tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.1520 Pavement Management System For tasks related to the operation of the pavement management system, including development and maintenance/technical support. Includes tasks to meet needs external to MnDOT.1716 Record Sampling Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split sample.1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).G3 Attachment 2 Packet Page Number 64 of 211 Page 2 of 4MPC Program FY 2017-2022Exhibit A - Table of Tech ServUsed with TA98 Project IDsIf a source code is not on this list, a work order is needed.Date: 04/20/2017If a source code is not on this list, a work order is needed.Source CodeTitle Description1732 Material Testing & InspectionPerforming construction phase and research physical and chemical laboratory testing, and related technical services in the districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling weight deflectometer (FWD) testing.1733 Concrete Plant InspectionsPerforming QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with stationary concrete plants or mobile concrete paving plant inspection.1734 Construction Materials Inspections Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete, reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the field and offices).1735 Bituminous Plant InspectionPerforming QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing, plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with bituminous plant inspection.1738 State Project - Specific Materials InspectionPerforming material inspection for materials designated for a specific construction project (SP). Generally applies to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and for SP specific tasks related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical services in the field and offices).1800 Field InspectionOccasional construction project field inspection (not cyclical inspection of assets); Includes field inspection of materials such as gradations, densities/DCP, proctors, compaction, slump tests, and field air testsand collecting and transporting samples for lab tests, but not the actual laboratory verifications.1870 Traffic Signal MaintenanceThis work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements. Work related to the occasional repair and replacement of traffic signal system structures and all electrical maintenance for traffic signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public inquiries. 1871 Lighting Maintenance & Utilities All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing, maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public inquiries/complaints, review utility billings, provide data, and conduct field reviews.1875 Locate One CallFinding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic management system, signal systems, or roadway lighting systems.G3 Attachment 2 Packet Page Number 65 of 211 Page 3 of 4MPC Program FY 2017-2022Exhibit A - Table of Tech ServUsed with TA98 Project IDsIf a source code is not on this list, a work order is needed.Date: 04/20/2017If a source code is not on this list, a work order is needed.Source CodeTitle Description1876 Traffic CountingUse to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities, collecting field data, processing data, and developing new techniques for collection.2102 PatchingRelated source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching2142 Overhead Sign Panel Maintenance Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead sign structures. Includes related cable locates and traffic control. Does not include structural work.2210 Guardrail-Install/Repair/Maintenance Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector replacement. includes related traffic control.2222 Sign/Delineation/Marker RepairReplacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.2316 Brush & Tree RemovalMaintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump removal/grinding. Includes related traffic control.2624 Indirect ExpenseIndirect shop expenses and shop equipment. Allocate to mobile equipment.2629 Supplies & Small ToolsShop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.2819 Bridge Curb, Walk And RailingRepairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median barriers on bridges. Includes related traffic control.2820 Bridge DeckWork associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck or slab overlays and replacements and underside deck delamination. Includes related traffic control.2822 Miscellaneous Bridge Maintenance This source code does not include replacement or major repair. Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes minor repairs and simple fixes on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering materials, and picking up equipment. Includes related traffic control.2824 Bridge Inspection-Non-FederalAll tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments. Includes related inspection reports and deck condition surveys.2827 Bridge Expansion, Relief JointsAll maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device bolts and replacing seal glands. Includes related traffic control.2828 Bridge Inspection-Federal FundAll bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources (DNR) use Source Code 2824.G3 Attachment 2 Packet Page Number 66 of 211 Page 4 of 4MPC Program FY 2017-2022Exhibit A - Table of Tech ServUsed with TA98 Project IDsIf a source code is not on this list, a work order is needed.Date: 04/20/2017If a source code is not on this list, a work order is needed.Source CodeTitle Description2829 Bridge SuperstructureAll tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and box girders. Includes related traffic control.2830 Bridge Bearing AssembliesAll tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic2834 Waterway MaintenanceAll tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and channel protection repair that is not part of slope protection. Includes related traffic control.2838 Bridge Deck Crack SealingAll tasks related to deck crack sealing. Includes related traffic control. 2863 Traffic Signal InspectionWork related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures. Includes labor, equipment, materials, and traffic control.3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.3002 Radio/Electronic InfrastructureUse for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project3005 Radio - Mobile EquipmentUse for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment - Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.3009 Radio/Electronic System Upgrade & InstallationUse for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic systems. Use for all work performed to correct or repair deficiencies found in a new installation.3025 Tower/Building MaintenanceUse for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing, landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.3027 Radio ProgrammingCreating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios used as fixed base radios as part of the Inter-OP System (Use 3009).3049 On Call Electronic Communications Infrastructure MaintenanceTo be used by Statewide Radio Communications personnel to record on-call time.G3 Attachment 2 Packet Page Number 67 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Steve Love, City Engineer / Deputy Public Works Director Ginny Gaynor, Natural Resources Coordinator DATE: May 16, 2017 SUBJECT: Approval to Enter into Agreement with Ramsey Conservation District for Rain Garden Retrofit Program Introduction The City Council will consider authorizing the Mayor and City Manager to enter into an agreement with Ramsey Conservation District for the Rain Garden Retrofit Program. Background Maplewood and its partners, Ramsey Conservation District (RCD) and Ramsey-Washington Metro Watershed District (RWMWD) have been working on plans to retrofit boulevard rain gardens in the Wakefield Park neighborhood, with the goal of improving water quality in Wakefield Lake. In 2015, RWMWD prepared a report titled, Wakefield Lake Subwatershed: Urban Stormwater Retrofit Analysis Report. Wakefield Lake is on the State’s list of impaired waters due to its high levels of phosphorus and chlorophyll. The analysis studied existing best management practices (BMP’s) in the subwatershed and sought ways to decrease the nutrient load to the lake. A key recommendation was to retrofit existing boulevard raingardens in the neighborhood. The rain gardens in the neighborhood north and east of Wakefield Park are 12-13 years old and could be made more efficient with curb cuts and accepting more boulevard runoff. This Rain Garden Retrofit Project will address boulevard rain gardens in the Wakefield Lake neighborhood by adding curb cuts, re-grading the gardens to improve functioning, and replacing plants. RCD queried 30 homeowners with raingardens in this area; and 10 homeowners are interested in participating. Prior to the start of design, homeowners will be required to sign the attached Conservation Practice Assistance Contract Group Project Addendum. This document transfers the maintenance responsibility to the homeowner. Additionally, homeowners will be required to sign the attached RCD Infiltration Basin Operations & Maintenance Agreement. This document details what maintenance activities the homeowners are required to perform. Both agreements have to be signed by the homeowner in order for them to be part of this project. If the project moves forward staff will request quotes from contractors for the project in June. The contract will be brought before the City Council for approval and award of contract. G4 Packet Page Number 68 of 211 Project construction would begin in the fall and will be completed by mid-October to meet RCD grant requirements. To meet RCD grant deadlines and requirements, staff is seeking council approval to enter into an agreement with RCD for the Rain Garden Retrofit Program. Budget Impact The total estimated project cost is $40,000. The grant from RCD covers 75% of the total project cost and a 25% local match is required. RCD will also be providing design and plan preparation for this project. Staff is the process of applying for a RWMWD grant to cover the required 25% local match. If the city receives the RWMWD grant there will be no budget impacts related to the Rain Garden Retrofit Project. If the City does not receive the RWMWD grant staff will re-evaluate whether to proceed with the project or not. Recommendation It is recommended that the City Council authorize the City of Maplewood to enter into an agreement with Ramsey Conservation District for the Rain Garden Retrofit Program. The Mayor and City Manager are authorized to sign said agreement signifying City Council approval. Minor modification approved by the City Attorney are authorized as needed for the agreement. Attachments 1. Percent Based Conservation Practice Assistance Contract 2. Conservation Practice Assistance Contract Group Project Addendum 3. Infiltration Basin Operations & Maintenance Agreement G4 Packet Page Number 69 of 211 Page 1 of 2 Effective July 1, 2016 PERCENT BASED CONSERVATION PRACTICE ASSISTANCE CONTRACT General Information Organization Ramsey Conservation District Contract Number W14‐2 Other federal or other state funds? Yes No Amendment Board meeting date(s): Canceled Board meeting date: *If contract amended, attach amendment form(s) to this contract. Applicant Land Occupier Name City of Maplewood – various (see attached) Address 1902 County Rd B E City/State Maplewood, MN Zip code 55109 * If a group contract, this must be filed and signed by the group spokesperson as designated in the group agreement and the group agreement attached to this form. Conservation Practice Location Township Name Maplewood Township 29 N Range 22 W Section 15 1/4,1/4 See attached Aerial for project locations within Section Contract Information I (we), the undersigned, do hereby request cost share assistance to help defray the cost of installing the following practice(s) listed on the second page of this contract. It is understood that: 1. The land occupier is responsible for full establishment, operation, and maintenance of all practices and upland treatment criteria applied under this program to ensure that the conservation objective of the practice is met and the effective life, a minimum of 10 years, is achieved. The specific operation and maintenance requirements for the conservation practice listed are described in the operation and maintenance plan prepared for this contract by the organization technical representative. 2. Should the land occupier fail to maintain the practice during its effective life, the land occupier is liable to the State of Minnesota for the amount up to 150% of the amount of financial assistance received to install and establish the practice unless the failure was caused by reasons beyond the land occupier’s control, or if conservation practices are applied at the land occupier’s expense that provide equivalent protection of the soil and water resources. 3. If title to this land is transferred to another party before expiration of the aforementioned life, it shall be the responsibility of the land occupier who signed this contract to advise the new owner that this contract is in force and to notify other parties to the contract of the transfer. 4. Practice(s) must be planned and installed in accordance with technical standards and specifications of the: Ramsey Conservation District 5. Increases in the practice units or cost must be approved by the organization board through amendment of this contract as a condition to increase the cost‐share payments. 6. This contract, when approved by the organization board or council, will remain in effect unless canceled or amended by mutual agreement, except where installations of practices covered by this contract have not been installed by 10/01/2017 (date), this contract will be automatically terminated on that date. 7. Items of cost for which reimbursement is claimed are to be supported by invoices/receipts for payments and will be verified by the organization board as practical and reasonable. The organization board has the authority to make adjustments to the costs submitted for reimbursement. G4 Attachment 1 Packet Page Number 70 of 211 Page 2 of 2 Effective July 1, 2016 Applicant Signatures The land occupier's signature indicates agreement to: 1. Grant the organization's representative(s) access to the parcel where the conservation practice will be located. 2. Obtain all permits required in conjunction with the installation and establishment of the practice prior to starting construction of the practice. 3. Be responsible for the operation and maintenance of conservation practices applied under this program in accordance with an operation and maintenance plan prepared by the organization technical representative. 4. Not accept cost‐share funds, from state sources in excess of 75 percent, or state and non‐state sources that when combined are in excess of 100 percent of the total cost to establish the conservation practice. 5. To provide copies of all forms and contracts pertinent to any other state or federal programs that are contributing funds toward this project. Date Land Occupier City of Maplewood; Mayor Nora Slawik: City of Maplewood; City Manager Melinda Coleman: Date Landowner, if different from applicant Address, if different from applicant information: *NOTE: APPLICANT SIGNATURES ARE ON GROUP ADDENDUM FOR CONTRACT INFORMATION & RESPONSIBILITY LINE ITEMS #1‐3, AND APPLICANT SIGNATURE LINE ITEMS #3 Conservation Practice The primary practice for which cost‐share is requested is Bioretention Practice standards or eligible component(s) 712 Engineered Practice ( yes or no Ecological practice ( yes or no Total Project Cost Estimate Technical Assessment and Cost Estimate I have the appropriate technical expertise and have reviewed the site where the above‐listed practice is to be installed and find it is needed and that the estimated quantities and costs are practical and reasonable. Date Technical Representative Joseph Lochner: Amount Authorized for Financial Assistance The organization board or council has authorized the following for financial assistance, total not to exceed 75 percent of the total cost to establish the conservation practice. Amount Program Name Fiscal Year $30,000 Wakefield 2014 Board Meeting Date Authorized Signature Total Amount Authorized $ G4 Attachment 1 Packet Page Number 71 of 211 Updated 2011 CONSERVATION PRACTICE ASSISTANCE CONTRACT GROUP PROJECT ADDENDUM General Information Contract No. W14‐2 Date 05/16/2017 Group Spokesperson Steve Love Applicant Information and Signatures We (the undersigned) are interested in developing and conserving our soil, water and related resources to meet the objectives of our group. In order to meet our group objectives, we request assistance to help us plan and apply proper land use and conservation treatment measures as agreed upon by our group. We understand that this help is contingent upon staff assistance from the organization and in conformance with its policies and priorities. We further understand that the below designated group spokesperson is authorized to sign the Conservation Practice Contract* and shall do the negotiating with the organization. We further understand that the below designated group spokesperson, on behalf of the land occupier in this application, is transferring Conservation Practice Contract* land occupier responsibilities to the below designated group member(s) respectively, for the following actions: Conservation Practice Contract – Contract Information: 1. Line Item #1: The land occupier is responsible for full establishment, operation and maintenance of all practices and upland treatment criteria applied under this program to ensure that the conservation objective of the practice is met and the effective life, a minimum of 10 years, is achieved. The specific operation and maintenance requirements for the conservation practice listed are described in the operation and maintenance plan prepared for this contract by the organization technical representative (see attached operations and maintenance plan to this contract). 2. Line Item #2: Should the land occupier fail to maintain the practice during its effective life, the land occupier is liable to the State of Minnesota for the amount up to 150% of the amount of financial assistance received to install and establish the practice unless the failure was caused by reasons beyond the land occupier’s control, or if conservation practices are applied at the land occupier’s expense that provided equivalent protection of the soil and water resources. 3. Line Item #3: If title to this land is transferred to another party before expiration of the aforementioned life, it shall be the responsibility of the land occupier who sign this contract to advise the new owner that this contract is in force and to notify the organization technical representative to the contract of the transfer. Conservation Practice Contract – Applicant Signatures: 4. Line Item #3: Be responsible for the operation and maintenance of conservation practices applied under this program in accordance with an operation and maintenance plan prepared by the organization technical representatives (see attached operations and maintenance plan to this contract). G4 Attachment 2 Packet Page Number 72 of 211 Updated 2011 Group Spokesperson: Love 1902 County Rd B E Maplewood, MN 55109 Group Member: Olsen 1653 Frost Ave Maplewood, MN 55109 Group Member: Shawbold 1784 Kennard St N Maplewood, MN 55109 Group Member: Chamberlain 1812 Kennard St N Maplewood, MN 55109 Group Member: Moreno 1842 Kennard St N Maplewood, MN 55109 Group Member: Beck 1984 Barclay St Maplewood, MN 55109 Group Member: Kortekaas 1912 Maryknoll Ave N Maplewood, MN 55109 Group Member: Holmberg 1915 Maryknoll Ave N Maplewood, MN 55109 *Attach this form to Conservation Practice Contract G4 Attachment 2 Packet Page Number 73 of 211 G4 Attachment 3 Packet Page Number 74 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Bryan P. Nagel, Street Superintendent DATE: May 15, 2017 SUBJECT: Approval of Purchase for 2017/2018 Road Salt Introduction Each year the street maintenance division purchases de-icing salt under a state cooperative purchasing agreement. The council should consider approval of this purchase. Background In order to be included in this program, the state requires the city to submit estimated salt needs for the 2017/2018 season in May. This year the state will have two separate contracts, one for regular road salt and one for treated road salt. Both contracts will have the 80/120 rule which requires the city to purchase at least 80% of the estimated order quantity and the vendor guarantees to supply 120% of the city’s estimated order quantity at the locked price. Early orders are required to be included in the cooperative purchasing contract. Based on usage and carry over from this past season, we estimate regular road salt needs of 400 tons (estimated at $68.00/ton) and treated road salt needs of 400 tons (estimated at $82.00/ton). Budget Impact It is anticipated regular road salt would cost about $27,000.00 with treated road salt at $33,000.00 for a total of about $60,000.00. The current status of budget allocation for salt in 2017 is $94,000.00 available for expenditure. No additional allocations are needed as this amount is included in the approved 2017 operating budget for maintenance materials within the snow and ice program. It is also requested that City Council consider the transfer of $25,000.00 from maintenance materials in the snow and ice program to maintenance materials in the street maintenance program to allow for additional bituminous paving operations. Recommendation It is recommended that the City Council authorize the purchase of de-icing salt under state contract in an amount estimated at $60,000.00 and authorize an internal budget transfer (utilizing existing funds) in the amount of $25,000.00 for additional bituminous purchases. Attachments None G5 Packet Page Number 75 of 211 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 76 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul Schnell, Public Safety Director/Police Chief DATE: May 16, 2017 SUBJECT: Consider Approval of Resolution for the Establishment of a Police Advisory Commission Introduction Following discussion about the potential establishment of a Civilian Oversight and Advisory Commission during the March 27, 2017 meeting of the Maplewood City Council, I withdrew the recommendation for creating such a commission and offered to reengage members of the Use of Force Workgroup along with police department representatives to discuss options. Following withdrawal of the recommendation, Council action directed that I return a recommendation from workgroup and department employees within 60 days. As you know, the creation of a formalized mechanism for continued citizen input regarding policing in Maplewood was a core recommendation of the previously established Use of Force Workgroup. Background Commission Purpose: The purpose of the Maplewood Police Advisory Commission is to support, review, advise, and collaborate with the Maplewood Police Department and its officers. The commission shall provide the department with the diverse perspectives of community members who are informed about department functions and capabilities and community needs. The commission shall collaborate with police department leadership by providing community and professional perspective on department initiatives, including the review of various performance measures, police officer training and development offerings, and community policing efforts. The Commission is to be a mechanism for the both the City’s police department and members of the community to be heard with a goal of deepening understanding of the complexities of modern policing in the pursuit of community safety. Commission structure, parameters, and operating guidelines: It is recommended that the Commission be comprised of a minimum of 9 community members. Commissioners should be appointed to staggered, three-year terms to assure continuity. Commissioners should be selected based upon a variety of factors, including professional background or interests, geographic distribution, and other diversity factors. With assistance and training provided by police department staff, Commission members will develop and maintain a basic understanding of Maplewood Police Department operations. Newly appointed commissioners will be required to complete an orientation led by Maplewood Police Department staff at the direction of the police chief. The police chief or his/her designee shall serve as the liaison to the Police Advisory Commission. The police chief shall ensure that a police sergeant and two police officers are I1 Packet Page Number 77 of 211 present at each meeting of the Police Advisory Commission. The police chief may engage additional departmental participation as is needed. The Commission will review quantitative data and qualitative information provided by the department, with the goal of: growing police - community partnerships; strengthening trust and legitimacy; deepening understanding of the complexities of modern policing and police procedures; and seeking solutions for any disparate outcomes that may be identified through analysis. Three times annually, the police chief shall provide the Police Advisory Commission a report minimally including the following data for discussion with the commission: Department staffing changes, including hiring, pending retirements, promotions Budget expenditures, including single line items exceeding year-to-date expectations by more than 20% Number and types of complaints received since the last meeting of the body An overview of use of force, including the number of use of force encounters, levels of injury, discharge of a firearm (excluding dispatch of an injured or sick animal), repeat use of force encounters by employee, and levels of injury to officer or subject based on the use of force incident, if any. Overview of departmental efforts to promote full-spectrum officer wellness The details of the underlying incident and final disciplinary action imposed on any police department employee since the previous report Number of citations issued since previous report Number of custodial arrests since previous report Summarization of collected traffic stop data Personnel complainant race data, if known Use of force data by race and gender Arrests by race and gender, as known Status of implementation of President’s Task Force on 21st Century Policing recommendations Overview of use and integration of crime analytics to drive departmental strategy Overview and summary of department training since previous report Recommendations for or substantial changes to policies pertaining to officer use of force, training, conduct, body camera use or other high-profile policy concerns, unless required by law. The Commission will, as needed, assist police department staff in identifying community-based initiatives or partnerships focused on prevention and intervention. The Maplewood Police Advisory Commission will serve as a recognized public body subject to all Minnesota open meeting laws. The Commission will strive to create opportunities for candid, constructive, and substantive policing-focused conversations that are fully compliant with Minnesota law. The Police Advisory Commission, in collaboration with the police chief, may organize opportunities of small group or subcommittee discussions between commission members and command staff to share perspectives and learn from one another. In addition, the City Manager must be notified of such meetings. I1 Packet Page Number 78 of 211 The Commission will meet at Maplewood City Hall or in other public locations around the city and will not be expected to adopt the more formal practices of a traditional City Commission, such as video recording or broadcasting. All other commission requirements established by Minnesota law and City policy shall be followed (i.e. posted meeting notice, published meeting agenda, and published and web posted summary minutes). In an effort to ensure orderly departmental operations, a clear chain of command, and the integrity of the City’s collective bargaining agreements with police department personnel, there shall be no discussions with and between individual members or sub-group members of either the police department or the advisory commission. The Commission will establish a regular meeting schedule in consultation with the police chief, meeting no fewer than four (4) times per year. The Commission’s formal authority will be limited to making recommendations to the department and presenting an annual written report to the City Council, which will include departmental performance data. The group will present an annual report to the City Council. In addition, the Police Chief and the City Manager will keep the City Council informed of Agenda Item topics, and other relevant issues. The Commission shall have no involvement in the management or discipline of employees and will not rule on departmental actions. The Commission will not be involved in real-time review of critical or high-profile police incidents. When appropriate and at the discretion of the police chief, the Commission may be convened for the purpose of assisting the department with community outreach, or helping to educate the broader community on departmental processes, or for post-incident continuous improvement review. Budget Impact No notable budget impact. Recommendation It is recommended that the City Council approve the resolution for the establishment of a Police Advisory Commission. Attachments 1. Resolution for the Establishment of a Police Advisory Commision I1 Packet Page Number 79 of 211 CITY OF MAPLEWOOD RESOLUTION FOR THE ESTABLISHMENT OF A POLICE ADVISORY COMMISION WHEREAS, on July 11, 2016, the Maplewood City Council established a “Use of Force Workgroup” to foster effective, fair, and transparent police service delivery; and WHEREAS, the Workgroup, made up of a diverse cross-section of the Maplewood community, invested considerable time, energy, and effort reviewing the police department’s use of force policies and related consideration to police officer training, development, and wellness; and WHEREAS, the Workgroup completed its appointed task offering a range of policy and training recommendations along with recommendations for continued involvement and oversight of police operations, policy, training and outcome metrics; and WHEREAS, the police department has adopted the recommendations of the Workgroup and is publishing the policy manual in its entirety on the police department’s webpage. NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council directs the establishment of a Council appointed nine-member Police Advisory Commission, and further directs that the following serve as the Commission’s Charter: The Police Advisory Commission shall be convened by the City’s police chief and will meet not less than four times annually; The police chief shall ensure that a police sergeant and two police officers are present at each meeting of the Police Advisory Commission. The police chief may engage additional departmental participation as is needed; The Commission will review quantitative data and qualitative information provided by the department, with the goal of: growing police - community partnerships; strengthening trust and legitimacy; deepening understanding of the complexities of modern policing and police procedures; and seeking solutions for any disparate outcomes that may be identified through analysis; During three of the four annual meetings, the police chief or his/her designee shall minimally provide the Police Advisory Commission with an overview summary of following: Department staffing changes, including hiring, pending retirements, promotions Budget expenditures, including single line items exceeding year-to-date expectations by more than 20% Number and types of complaints received since the last meeting of the body An overview of use of force, including the number of use of force encounters, levels of injury, discharge of a firearm (excluding dispatch of an injured or sick animal), repeat use of force encounters by employee, and levels of injury to officer or subject based on the use of force incident, if any Overview of departmental efforts to promote full-spectrum officer wellness I1, Attachment 1 Packet Page Number 80 of 211 The details of the underlying incident and final disciplinary action imposed on any police department employee since the previous report Number of citations issued since previous report Number of custodial arrests since previous report Summarization of collected traffic stop data Personnel complainant race data, if known Use force data by race and gender Arrests by race and gender, as known Status of implementation of President’s Task Force on 21st Century Policing recommendations Overview of use and integration of crime analytics to drive departmental strategy Overview and summary of department training since previous report Recommendations for or substantial changes to policies pertaining to officer use of force, training, conduct, body camera use or other high-profile policy concerns, unless required by law; The police chief shall query members of the Workgroup to determine the number of Workgroup members interested in serving as a member of the Police Advisory Commission; The police chief shall submit to the City Manager the names of current Workgroup members interested in continued service on the Police Advisory Commission and in the event of vacancies (below nine members), the City Manager shall post for applications to serve on the Police Advisory Commission following established City protocols; The police chief, in collaboration with the city manager’s office, shall submit the full slate of Police Advisory Commission candidates for final appointment to the Commission and establishment of staggered terms; The Commission will, as needed, assist police department staff in identifying community-based initiatives or partnerships focused on prevention and intervention; The Maplewood Police Advisory Commission will serve as a recognized public body subject to all Minnesota open meeting laws. The Commission will strive to create opportunities for candid, constructive, and substantive policing-focused conversations that are fully compliant with Minnesota law; The Police Advisory Commission, in collaboration with the police chief, may organize opportunities of small group or subcommittee discussions between commission members and command staff to share perspectives and learn from one another. In addition, the City Manager must be notified of such meetings; The Commission will meet at Maplewood City Hall or in other public locations around the city and will not be expected to adopt the more formal practices of a traditional City Commission, such as video recording or broadcasting. All other commission requirements established by Minnesota law and City policy shall be followed (i.e. posted meeting notice, published meeting agenda, and published and web posted summary minutes); I1, Attachment 1 Packet Page Number 81 of 211 In an effort to ensure orderly departmental operations, a clear chain of command, and the integrity of the City’s collective bargaining agreements with police department personnel, there shall be no discussions with and between individual members or sub-group members of either the police department or the advisory commission; The Commission’s formal authority will be limited to making recommendations to the department and presenting an annual written report to the City Council, which will include departmental performance data; The Commission will present an annual report to the City Council. In addition, the Police Chief and the City Manager will keep the City Council informed of Agenda Item topics, and other relevant issues; The Commission shall have no involvement in the management or discipline of employees and will not rule on departmental actions; The Commission will not be involved in real-time review of critical or high-profile police incidents. When appropriate and at the discretion of the police chief, the Commission may be convened for the purpose of assisting the department with community outreach, or helping to educate the broader community on departmental processes, or for post-incident continuous improvement review; Finally, following the establishment of the Commission members and their respective terms, the Mayor shall appoint one member to serve as Chairperson and Vice Chairperson. Passed and adopted the Maplewood City Council, this 22nd day of May, 2017. Nora Slawik, Mayor ATTEST: Andrea Sindt, City Clerk I1, Attachment 1 Packet Page Number 82 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Mike Funk, Assistant City Manager/Director of Human Resources DATE: May 22, 2017 SUBJECT: Consider Approval of 2017-2018 Collective Bargaining Agreements a. A.F.S.C.M.E. Council No. 5 Local 2725 b. Maplewood Confidential & Supervisory Group (MCSA) c. Metro Supervisory Group (MSA) d. Police Sergeants, LELS, Local 173 Introduction/Background The existing contracts with A.F.S.C.M.E. Council No. 5 Local 2725, Maplewood Confidential & Supervisory Group (MCSA), the Metro Supervisory Group (MSA), and Police Sergeants, LELS, Local 173 expired on December 31, 2016; and it is recommended to approve new two (2) year contracts with these three groups. The current two year contracts were approved for the period January 1, 2015- December 31, 2016. Although the existing contracts expired on December 31, 2016, it remains a legally binding document until a new agreement is reached. On October 10, 2016, the City Council met in closed session to discuss strategy and to provide direction. Since that time there have been several negotiation meetings with each of the bargaining groups to discuss contracts. The most recent update and discussion with the Council was a closed session on April 19, 2017 to consider strategies, review offers received from the bargaining units, analyze fiscal considerations, and to develop negotiation positions for counter-proposal(s). Discussion The City Council shall discuss the impacts of the proposed contracts and whether the contracts meet the goals of the City. The following values provide the framework for which a tentative agreement was reached with the above mentioned unions: The proposed contracts are in alignment with direction given from City Council in previous closed sessions. Internal equity. General wage adjustments established at 2.5% for fiscal years 2017 and 2018 continues a well-established internal compensation pattern. External market. General wage adjustments established at 2.5% for fiscal years 2017 and 2018 maintains the city’s rank in the external market. Currently, employees are above average as compared to similar cities. For the purpose of Maplewood, the Stanton 5 group is our referenced comparable. A majority of the positions in the city are at or above the 60th percentile. I2 Packet Page Number 83 of 211 Employer’s ability to pay. Compensation and benefits do not compromise the fiscal health of the city and fit within the parameters of the revenue generated from the city’s tax levy; as well as budgeted expenditures approved in the 2017 budget. [2018 wages and benefits will need to be considered during the 2018 budget approval process] Valuing City employees and other economic factors. Compensation and benefits are competitive in the market which has and will continue to favorably position the city to retain and recruit employees. Bring a level of parity among the contracts. There are differences in base benefit offerings that should be more consistent between the groups. The following summarizes changes in new collective bargaining agreements: Compensation/Wages. Annual wage adjustment as follows: o 2017: 2.5% on January 1st o 2018: 2.5% on January 1st Insurance. No changes to health and dental insurance benefits. The city currently offers two levels of insurance- a high deductible plan and an open access plan. For 2017, or year one of the contract, it is proposed to maintain the current cost participation splits between the city and the employee. For 2018, or year two of the contract, the city proposes a contract re-opener. Given the uncertainly of premiums and changes to the Affordable Care Act, there are too many variables and risk to insurance terms. The city has an established “Insurance Committee”; with representation from both management and union employees. Any deviations from the allocation splits will need to be approved [via contract addendum]. Specific to AFSCME o Safety boot allowance increase. $200 to $400 Specific to Maplewood Confidential & Supervisory Group (MCSA) o Added Callback/Standby pay [For IT Staff] o Added a second option for clothing allowance o Added compensatory time language Specific to Metro Supervisory Group (MSA) o General cleanup and consistency with MCSA Out-of-class pay Jury duty reimbursement- mileage City to pay for licenses and certifications Specific to Police Sergeants, LELS, Local 173 o Changing bereavement language “day” to “shift” I2 Packet Page Number 84 of 211 Recommendation It is recommended the City Council approve the following motion to approve all four (4) contracts: “A motion to approve the 2017 and 2018 Collective Bargaining Agreements between the City of Maplewood and the following four (4) bargaining units: A.F.S.C.M.E. Council No. 5 Local 2725, Maplewood Confidential & Supervisory Group (MCSA), and the Metro Supervisory Group (MSA), Police Sergeants, LELS, Local 173; and authorize the Mayor and City Manager to execute said contracts on behalf of the City”. *The Mayor and Council also have the option to approve each contract individually, therefore a motion and second, and vote, is needed for all four (4) contracts. Attachments 1. Proposed Draft Contract for A.F.S.C.M.E., Council No. 5, Local 2725 2. Proposed Draft Contract for Maplewood Confidential & Supervisory Group (MCSA) 3. Proposed Draft Contract for Metro Supervisory Group (MSA) 4. Proposed Draft Contract for Police Sergeants, LELS, Local 173 I2 Packet Page Number 85 of 211 2017-2018 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND MINNESOTA A.F.S.C.M.E. COUNCIL NO. 5 LOCAL 2725 CLERICAL/TECHNICAL & MAINTENANCE UNITS I2, Attachment 1 Packet Page Number 86 of 211 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ................................................................................ 3 ARTICLE 2: RECOGNITION ...................................................................................................... 3 ARTICLE 3: DEFINITIONS ........................................................................................................ 4 ARTICLE 4: UNION SECURITY ................................................................................................ 5 ARTICLE 5: EMPLOYER SECURITY ........................................................................................ 5 ARTICLE 6: EMPLOYER AUTHORITY ...................................................................................... 6 ARTICLE 7: WORK SCHEDULES ............................................................................................. 6 ARTICLE 8: CALL BACK ........................................................................................................... 8 ARTICLE 9: STAND BY ............................................................................................................. 8 ARTICLE 10: MEAL AND REST PERIODS ............................................................................... 9 ARTICLE 11: OVERTIME .......................................................................................................... 9 ARTICLE 12: PROBATIONARY PERIODS ...............................................................................10 ARTICLE 13: SENIORITY .........................................................................................................10 ARTICLE 14: JOB POSTING ....................................................................................................11 ARTICLE 15: DISCIPLINE ........................................................................................................11 ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION .......................................................12 ARTICLE 17: VACATION / ANNUAL LEAVE ............................................................................13 ARTICLE 18: HOLIDAYS ..........................................................................................................14 ARTICLE 19: SICK LEAVE .......................................................................................................14 ARTICLE 20: LEAVES OF ABSENCE ......................................................................................15 ARTICLE 22: INJURY ON DUTY ..............................................................................................17 ARTICLE 23: INSURANCE .......................................................................................................18 ARTICLE 24: UNIFORMS .........................................................................................................20 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ....................................................................20 ARTICLE 26: PERSONNEL FILES ...........................................................................................21 ARTICLE 27: NONDISCRIMINATION .......................................................................................21 ARTICLE 28: LEGAL DEFENSE ...............................................................................................21 ARTICLE 29: REQUIRED LICENSES .......................................................................................21 ARTICLE 30: SAFETY ..............................................................................................................22 ARTICLE 31: LEADPERSON ....................................................................................................22 ARTICLE 32: TOOLS ................................................................................................................22 ARTICLE 33: EDUCATION .......................................................................................................22 ARTICLE 34: RESERVED ........................................................................................................22 ARTICLE 35: WAGE SCHEDULE .............................................................................................22 ARTICLE 36: WAIVER ..............................................................................................................23 ARTICLE 37: SAVINGS CLAUSE .............................................................................................24 ARTICLE 38: DURATION .........................................................................................................24 APPENDIX A ............................................................................................................................25 APPENDIX B ............................................................................................................................26 APPENDIX C ............................................................................................................................27 APPENDIX D ............................................................................................................................28 I2, Attachment 1 Packet Page Number 87 of 211 ARTICLE 1: PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Maplewood, hereinafter called EMPLOYER, Local 2725, and Council 5, American Federation of State, County and Municipal Employees, AFL-CIO hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative under Minnesota Statutes, Section 179.71 Subd. 3 as an appropriate bargaining unit consisting of the following job classifications: Accountant Accounting Technician Administrative Assistant Building Attendant Building Custodian Building Inspector Building Inspector Apprentice Building Maintenance Worker Business Licensing Specialist Child Care Coordinator Civil Engineer I Civil Engineer II Communications Coordinator Community Service Officer (CSO) Crew Chief – Mechanic Crew Chief – Sanitary Sewer Crew Chief – Storm Sewer Crew Chief – Street Maintenance Crew Chief—Park Maintenance Customer Service Associate Customer Service Representative Engineering Technician Environmental Health Official Environmental Planner Environmental/City Code Specialist Facility Technician I2, Attachment 1 Packet Page Number 88 of 211 Heavy Equipment Mechanic Lead Building Custodian Lead Licensing Specialist Licensing Specialist Lifeguard Maintenance Worker Naturalist Office Specialist Planner Police Records Specialist Property Evidence Technician Senior Engineering Technician Senior Service Center Representative Vehicle Equipment Maintenance Technician 2.2 In the event the Employer and the Union are unable to agree upon the inclusion or exclusion of a new or modified job classification, the issue shall be submitted to the Bureau of Mediation Services for determination. 2.3 All temporary employees who work for less than six (6) months out of any twelve (12) consecutive month period are excluded from this contract. ARTICLE 3: DEFINITIONS 3.1 UNION - Local 2725, Council 5 American Federation of State, County, and Municipal Employees. 3.2 EMPLOYER - The City of Maplewood. 3.3 UNION MEMBER - A member of Local 2725, Council 5 of the American Federation of State, County, and Municipal Employees employed by the City of Maplewood as set forth in Article 2 of this AGREEMENT. 3.4 EMPLOYEE - A member of the exclusively recognized bargaining unit as set forth in Article 2 of this AGREEMENT. 3.5 REGULAR PAY RATE - The employee's normal hourly pay rate. 3.6 SENIORITY - Employee's length of continuous service with the EMPLOYER. 3.7 SEVERANCE PAY - Payment made to an employee upon termination of employment as provided in Article 21. 3.8 CALL BACK - Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of, or early report to, an assigned shift is not a call back. 3.9 STRIKE - Concerted action in failing to report for duty the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment. I2, Attachment 1 Packet Page Number 89 of 211 3.10 GRIEVANCE - A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 3.11 FMLA - The Family Medical Leave Act - See Article 20.5 3.12 EXEMPT - Not covered by the federal and state Fair Labor Standards Acts overtime requirements. 3.13 NON-EXEMPT - Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4: UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 4.1 Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3. 4.2 Union Dues - Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the UNION within ten days following said deduction. 4.3 Bulletin Board - The EMPLOYER agrees to provide and maintain one bulletin board for display of UNION notices and bulletins at each of the following facilities/areas: 1. City Hall 4. Police Department 2. Community Center 5. 1902 Building 3. Park Maintenance Building 6. Nature Center 4.4 Union Stewards - The UNION may designate employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. The EMPLOYER agrees to afford reasonable time off to those elected officials or appointed representatives of the exclusive representative for the purpose of conducting the duties of the UNION and agrees to provide for reasonable leaves of absence, without pay, to elected or appointed officials of the UNION as provided by State Statute. 4.5 Hold Harmless - The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 4.6 Seniority List - The EMPLOYER will normally notify the UNION of the names and job titles of new hires within two weeks of start date. On a quarterly basis, the EMPLOYER will notify the UNION of terminations from the unit. ARTICLE 5: EMPLOYER SECURITY 5.1 No Strike - The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of, or interference with the normal functions of the EMPLOYER. I2, Attachment 1 Packet Page Number 90 of 211 5.2 Termination of Strikers - Employees who engage in an unlawful strike may have their appointment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. 5.3 Unexcused Absence During Strike - Employees who are absent from any portion of their work assignment without permission, or who abstains wholly or in part from the full performance of their duties without permission from the EMPLOYER on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. 5.4 Reemployment of Strikers - Employees who knowingly and unlawfully strike and whose employment has been terminated for such action may, subsequent to such violation, be appointed or re-appointed or employed or re-employed, but the employees shall be on probation for two (2) years with respect to tenure of employment, or contract of employment, as they may have theretofore been entitled. 5.5 No Strike Pay - Employees shall not be entitled to any daily pay, wages, or per diem for the day(s) in which they engaged in a strike. ARTICLE 6: EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. 6.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 6.3 Subcontracting - Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting out work performed by employees covered by this Agreement or likewise shall prohibit or restrict any other right as set forth in 6.1 herein. Except when the Employer has determined there is an emergency or other urgent matter, the Employer will notify the Union at least thirty (30) days prior to subcontracting out work usually performed by employees represented by this bargaining unit, if such subcontracting may require a reduction in the bargaining unit work force. No regular full- time employee in this bargaining unit will be laid off solely as a result of the Employer subcontracting out work required by the Employer, to be performed by regular full-time members of this bargaining unit pursuant to this agreement. ARTICLE 7: WORK SCHEDULES 7.1 Normal Workday/Workweek - The sole authority in work schedules is the EMPLOYER. The normal workday for an employee shall be eight (8) hours. Normal office hours are 8:00 a.m. to 5:00 p.m.; however, mutually convenient flexible schedules can be arranged within departments. The normal workweek shall be forty (40) hours Monday through Friday. I2, Attachment 1 Packet Page Number 91 of 211 7.2 Regular Shifts - Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal work day or work week. The EMPLOYER will give advance notice to the employees affected by the establishment of workdays different from the employee's normal eight (8) hour workday. 7.3 Unusual Work Circumstances - In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours; however, all employees have an obligation to work overtime or call backs if requested unless unusual circumstances prevent them from so working. When employees are so notified to report at a time other than their normal scheduled reporting time due to such unusual circumstances, they shall be paid for a total thirty (30) minute arrival time. 7.4 Saturday/Sunday Workweeks - Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. 7.5 Permanent Schedule Changes - Any permanent changes in the work schedule should be preceded with at least a two (2) week notice to the affected employees. 7.6 Out-of-Class Assignment - Any employee working an out-of-class assignment for four (4) hours or more shall be paid at the higher job classification at the starting rate, but in no case shall the employee receive less than $1.00 per hour additional. For the purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform the significant duties and responsibilities of a position different from the employee's regular position, and which is in a higher classification within the bargaining unit. Also for purposes of this Article, employees will be paid at the higher rate only for the hours worked at the higher rate. 7.7 Upon agreement between an employee, union representative, and the department head, the City may allow employees to perform work normally associated with another position for a limited period of time (not to exceed 120 hours in a year) for purposes of furthering the employee’s development or providing variety to the job. This should be temporary in nature and must be approved in advance by both the department head and Human Resource Department. If both the employee and department head agree that this is for the employee’s benefit and is not detrimental to the City, the “out-of-class” language and pay requirements of the contract will not apply. 7.8 Flexible Scheduling - Non-exempt employees, who normally work eight (8) hour shifts, will be paid one and one-half (1-1/2) times the employee’s regular pay rate for all hours worked in excess of eight (8) hours, when required to work more than eight (8) hours. Changes of shift do not qualify an employee for overtime under this article. Non-exempt employees who normally work shifts of longer than eight (8) hours will be paid one and one half (1-1/2) times the employee’s regular pay rate for all hours in excess of the normal shift length. Exempt employees who work over 40 hours per workweek will be paid straight time for all hours worked. Schedule changes made by the supervisor shall be posted for fourteen (14) days prior to the effective date. At the employee's request, employees may work a shorter shift than that normally I2, Attachment 1 Packet Page Number 92 of 211 required and may make up the time on another shift, upon approval of their supervisor. When employees avail themselves of this approved flexible scheduling, they will not be eligible for overtime for the longer shift. Under no circumstances will an employee be allowed to work more than forty (40) hours in a given week due to selecting this option, if they would not have been eligible to do so prior to selecting it. Anytime an employee (who is on vacation and sick leave) is ill or injured and misses a shift of other than eight (8) hours, they will be required to use sick leave equal to the hours for which they were scheduled. (If the shift was ten (10) hours, and they miss the entire shift, they will be required to use ten (10) hours of sick leave.) If on annual leave, the employee will use annual leave in accordance with the annual leave policy. 7.9 Premium Pay – Non-exempt employees who are required to come in before their normal work day start time for EMPLOYER shall be paid one and one half (1½) times their regular rate for their time before the start of their regularly scheduled shift. For snow plowing events, if its determined that an employee be relieved of duty during their normally regularly scheduled shift and returns later to complete the remainder of the shift, those hours worked at the return of the shift shall be paid at one and one-half (1- 1/2) times the employees regular pay rate. ARTICLE 8: CALL BACK Non-exempt employees called in for work by the EMPLOYER at a time other than their normal scheduled shift will be compensated for a minimum of three (3) hours pay at one and one-half (1-1/2) times the employee's regular pay rate. Exempt employees will receive a minimum of two hours pay at straight time. If the call-in or call- back is an extension to the regular shift, then the minimum hours provision of this clause will not apply. ARTICLE 9: STAND BY 9.1 A non-exempt employee shall receive a minimum pay equal to three (3) hours of overtime for each Saturday, Sunday or holiday said employee is required by the EMPLOYER to be immediately available for work. Exempt employees are not eligible for standby pay. Non-exempt employees who are placed on call will be paid two (2) hours (at straight time) for each weekday they are required by the EMPLOYER to be immediately available for work. (A weekday is Monday through Friday, excluding holidays.) The rate of pay to be used for calculations of straight time or overtime for employees in the Maintenance Worker title (in this situation) will be Step 8 of the Maintenance Worker salary range. Any employee whose normal hourly wage is higher than Step 8 of the Maintenance Worker salary range will receive payment for any unused comp time at year-end at the rate of Step 8 of Maintenance Worker for the entire balance. Immediately available for work means to be able to respond to a callback within 30 minutes. Employees who will not be able to respond within that timeframe will not be eligible for callback pay. 9.2 The Facility Technician assigned to the Community Center will receive one hour of overtime each week provided that he/she wears a pager and responds to Community I2, Attachment 1 Packet Page Number 93 of 211 Center maintenance calls after hours and on days off. The employee will be eligible for callback pay when required to come in to work as provided in Article 8 but will not be eligible for callback pay for phone calls. ARTICLE 10: MEAL AND REST PERIODS An employee may take either one-half (1/2) hour or one (1) hour meal period (without pay) and two (2) fifteen (15) minute rest periods (with pay) during a normal work day at times determined by the EMPLOYER. An employee who works beyond the normal workday shall be granted a one-half (1/2) hour unpaid break after five (5) consecutive hours of work. Rest periods shall be taken at the site of working operations at the time of said periods, unless otherwise determined by the EMPLOYER. The length of the meal period will vary depending on department and job title. The normal meal period for clerical and technical employees is one hour. The normal meal period for public works and park maintenance employees is thirty (30) minutes. Exceptions can be made with approval of the immediate supervisor. ARTICLE 11: OVERTIME 11.1 Daily/Weekly Overtime - For non-exempt employees, hours worked in excess of eight (8) hours within an assigned work day or more than forty (40) hours within an assigned work week will be compensated at one and one-half (1-1/2) times the employee's regular pay rate, unless the shift length is greater than eight (8) hours. In that case, overtime eligibility begins after the regular shift is exceeded. (See Article 7--Work Schedules.) 11.2 Holidays Worked - Hours worked by non-exempt employees on holidays, except Thanksgiving, Christmas, and New Years, will be compensated for at one and one-half (1-1/2) times the employee's regular pay rate in addition to the compensation provided in the wage schedule. Hours worked by non-exempt employees on the holidays of Thanksgiving, Christmas, and New Years will be compensated for at two (2) times the employee's regular pay rate in addition to the compensation provided in the wage schedule. Holidays worked by exempt employees will be paid at straight time. 11.3 Equal Distribution - Overtime will be distributed as equally as practicable. 11.4 Overtime Refused - Overtime refused by employees will, for record purposes under Section 11.3, be considered as unpaid overtime worked. 11.5 No Duplication of Overtime - For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 11.6 Computing Overtime - All paid leave time shall be considered time worked for the purpose of computing overtime. 11.7 The City will allow employees the option of accruing compensatory time in lieu of overtime pay under the following conditions: • Compensatory time will not be allowed where the overtime could have been anticipated in advance and have simply been a schedule change with two weeks notice; • Compensatory time is not an option for positions that have to be back-filled with another employee to keep reasonable staffing levels; and I2, Attachment 1 Packet Page Number 94 of 211 • Any compensatory time accrued will be capped at eighty (80) hours per year and will be cashed out at the end of the year, if not used, prior to any annual adjustment. • Overtime worked in excess of the eighty- (80) hour cap will be paid during the same pay period it is earned. ARTICLE 12: PROBATIONARY PERIODS 12.1 Probationary Period - New Employees - All newly hired or rehired employees will serve a nine (9) month probationary period. This probationary period may be extended at the discretion of the Employer for no more than ninety (90) days. The employee shall be notified of any extensions and the reasons for the extension prior to the end of the initial probationary period. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 12.2 Employees who previously worked for the Employer and left employment but have not been away from employment with the City of Maplewood more than one (1) year will serve a ninety (90) day probation period. This provision is only available to employees who have already worked in the same job classification for which they are being rehired at least one (1) year and who have successfully completed a probation period in the same job classification. 12.3 Probationary Period - New Classification - Effective May 5, 1999, all employees promoted or transferred will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. After the first three (3) months of this probationary period the newly transferred or promoted employee shall receive a written performance evaluation from their supervisor with written input from the employee. At any time during the probationary period a promoted or transferred employee may be demoted or transferred to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE 13: SENIORITY 13.1 Determining Criterion - Seniority will be the determining criterion for transfers, newly created positions and promotions only when all other qualification factors are equal. 13.2 Layoff - In the event it becomes necessary to lay off employees for any reason, employees within a given job classification shall be laid off in inverse order of their seniority in the following order: a. Probationary part-time employees b. Probationary full-time employees c. Regular (part-time and full-time) employees 13.3 Bumping - In the event of layoffs, employees may exercise their seniority rights to a job class of equal or lower pay within the bargaining unit. To bump, the employee must meet the knowledge, skills, abilities and minimum qualifications, and pass normal required tests. 13.4 Recall - Employees shall be recalled from layoff according to seniority. No new employee shall be hired for a job classification for which a layoff has occurred until all employees on layoff status within that job classification have been given ample I2, Attachment 1 Packet Page Number 95 of 211 opportunity to return to work within eighteen (18) months of said layoff. The City will notify employees on layoff to return to work by registered mail at that employee's last recorded address. The employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for re-employment. 13.5 Promotion Outside Bargaining Unit - Employees promoted outside the bargaining unit shall maintain their seniority in the unit for thirty (30) days. 13.6 Seniority Grievance - Disagreements between the EMPLOYER and employee relative to the use of seniority in promotions, transfers, and newly created positions is a proper subject for the grievance procedure outlined in Article 16 of this AGREEMENT. 13.7 Continuous Service - For purposes of seniority, an employee's continuous service record shall be broken by voluntary resignation, discharge for just cause or retirement. 13.8 Voluntary Transfer - If employees voluntarily transfer within the bargaining unit, they will go to the bottom of the department seniority list, except that the bargaining unit seniority will take effect in case of layoff. ARTICLE 14: JOB POSTING 14.1 Promotion From Within - The EMPLOYER and the UNION agree that permanent job vacancies or newly created job classifications within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: a. have the necessary qualifications to meet the standards of the job vacancy; and b. have the ability to perform the duties and responsibilities the job vacancy. 14.2 Promotional Probation - Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12--Probationary Periods. 14.3 Selection Decision - The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. It is the intent of the parties, the Employer and the Union, to attract the most qualified candidates for city service. Should the Employer look to fill any vacancies in the classes of “Maintenance Worker” or “Maintenance Trainee,” the Employer will make every reasonable effort to fill said vacancies at the “Maintenance Worker” class. However, the city is not precluded from hiring a Maintenance Trainee when warranted by market conditions, budgetary limitations, or other economic factors. 14.4 Job Posting - Job vacancies within the designated bargaining unit will be posted for ten (10) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 15: DISCIPLINE The EMPLOYER will discipline employees only for just cause. I2, Attachment 1 Packet Page Number 96 of 211 ARTICLE 16: GRIEVANCE PROCEDURE/ARBITRATION 16.1 Processing of a Grievance - It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYER duties and responsibilities. The aggrieved EMPLOYEE and the UNION representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for absence. 16.2 Procedure - Any grievance or dispute between the parties relative to the application, meaning or interpretation of this AGREEMENT shall be settled in the following manner: Step 1. The UNION steward, with or without the employee, shall take up the grievance or dispute with the employee's immediate supervisor within twenty-one (21) calendar days after such alleged violation has occurred. The supervisor shall attempt to adjust the matter and shall respond to the steward within seven (7) calendar days. Step 2. If the grievance has not been settled in accordance with Step 1, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested, by the UNION steward or their designate to the proper department head within seven (7) calendar days after the supervisor's response is due. The department head or their designate will respond to the UNION steward in writing within seven (7) calendar days. Step 3. If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested by the UNION steward or their designate and UNION business representative to the City Manager within seven (7) calendar days after the department head's response is due. The City Manager or their designate will respond to the UNION steward in writing within seven (7) calendar days. Step 4. If the grievance is still unsettled in accordance with Step 3, the UNION may, within fourteen (14) calendar days after the City Manager's reply is due, give notice of its intention to submit the issue to arbitration by giving written notice, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated and the remedy requested, to the other party. The arbitration proceeding shall be conducted by an arbitrator to be selected by the EMPLOYER and the UNION within seven (7) calendar days after the UNION requests such action. If the parties fail to select an arbitrator, the State Bureau of Mediation Services will be requested by either or both parties to provide a panel of five arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first name, the other party shall strike one (1) name, the process will be repeated, and the remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) calendar days after the conclusion of testimony and argument. Expenses for the I2, Attachment 1 Packet Page Number 97 of 211 arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION. However, each party shall be responsible for compensation of its own representatives and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause such record to be made, providing it pays for the record and makes copies available at a reasonable cost to the other party and to the arbitrator. 16.3 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION without prejudice to either party. 16.4 Arbitrator's Authority - a. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not submitted. b. The arbitrator shall be without power to make decisions contrary to, inconsistent with, modifying, or varying in any way, the application of laws. ARTICLE 17: VACATION / ANNUAL LEAVE 17.1 Vacation Schedule – Employees who work full-time and were hired prior to May 5, 2001 shall earn monthly paid vacation leave as per the following schedule: 1 - 4 years of service -- 10 working days per year 5 - 11 years of service -- 15 working days per year 12 - 20 years of service -- 20 working days per year After 20 years of service and thereafter -- 25 working days per year Part-time employees hired before May 5, 2001 who regularly work (and are on payroll at) 20 or more hours per week shall accrue vacation on a prorated basis. Employees hired prior to January 1, 2003 at 15 –19 hours per week will be grandfathered in for eligibility to pro-rated vacation or annual leave. 17.2 Maximum Vacation Accumulation - Employees will be allowed to carry over a maximum of one and one-half (1-1/2) times his/her annual accrual rate into each successive year. (Part-time employee carryover is pro-rated based on hours worked.) 17.3 The EMPLOYER and UNION agree to incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001 and revised on September 23, 2002. (See addendum) 17.4 Provisions 17.1 through 17.3 do not apply to employees who select the annual leave program. I2, Attachment 1 Packet Page Number 98 of 211 ARTICLE 18: HOLIDAYS 18.1 Holidays Observed - Full-time employees shall be compensated for a full eight (8) hour day if employed at the time of any of the following holidays (prorated for part-time employees who work (and are on payroll) at twenty (20) or more hours per week): DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day First Monday in September Labor Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving December 25 Christmas Day When a holiday falls on a Saturday or Sunday, the City shall designate the preceding Friday or following Monday as the "observed" holiday for City operations/facilities that are closed on holidays. Overtime for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. 18.2 Personal Holidays - Full-time employees shall also receive twenty (20) hours of personal holidays per year (prorated for part-time employees who are on payroll at twenty (20) or more hours per week. The date of such personal holiday shall be approved by the EMPLOYER. 18.3 Employees hired prior to January 1, 2003 into positions that are 15-19 hours per week who remain continuously in such positions will be eligible for pro-rated holiday benefits in the same manner as they had been before that date. ARTICLE 19: SICK LEAVE 19.1 Use of Sick Leave - Full-time employees hired prior to May 5, 2001, shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month (prorated for part-time employees who regularly work, and are on payroll at, 20 or more hours per week. Employees who work less than twenty (20) hours per week who are on the vacation and sick leave programs as of 12-31-02 will remain eligible for pro-rated sick leave as long as they remain continuously at fifteen (15) or more hours per week. Employees who are on annual leave do not accrue sick leave. Sick leave may be approved only for days when an employee would otherwise have been at their employment. It may be used, with the approval of the supervisor, in any of the following cases: a. when the employee cannot work because of the illness, injury, or disability of themselves, their children, spouse, parents, stepchildren or stepparents; b. for medical, dental, chiropractic or optical exams or treatment of the employee or the employee's children (appointments should be scheduled to minimize the disruption of I2, Attachment 1 Packet Page Number 99 of 211 the work day); c. when the employee's presence would jeopardize the health of other employees by exposing them to contagious disease. Employees shall notify the EMPLOYER at or before their normally scheduled starting time of any illness for which they wish to take sick leave. The employee must submit satisfactory proof of illness or injury by way of a doctor's certificate, if requested by the EMPLOYER. Those employees who misuse sick leave shall be subject to disciplinary action. Any action taken by the EMPLOYER under this Article shall be subject to the grievance procedure. Inappropriate patterned use of unscheduled sick leave is not the purpose of sick leave. Examples of patterned use include but are not limited to repeated one (1) and two (2) day absences associated with scheduled days off. Such patterns may be subject to discipline. 19.2 Sick Leave Conversion - Full-time and part-time employees hired after May 19, 1978 but before May 5, 2001 are provided, at said employee's discretion, the following sick leave conversion program in lieu of severance pay provided in Article 21. Said sick leave conversion program shall provide for the conversion of forty percent (40%) of the employee's annual earned and unused sick leave to vacation or deferred compensation after an employee has accumulated forty-five (45) days or more of sick leave as provided above. The conversion shall be made annually on January 1 at the employee's request. Conversion shall be based only on sick leave days earned and unused during the previous twelve (12) months. One-half (1/2) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one-half (1/2) shall be forfeited by the employee to the City at the time of conversion. The amount of sick leave earned and unused in the prior year that is eligible for conversion shall be prorated for part-time employees. 19.3 Conversion After Eight-Hundred (800) Hours - On December 31 of each year a full-time employee with eight-hundred (800) hours or more of accumulated sick leave shall be eligible to convert sick leave accumulated in the previous twelve (12) months to vacation or deferred compensation at the employee's current pay rate on the basis of two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation and deferred compensation. The amount of sick leave earned and unused in the prior year which is eligible for conversion shall be pro-rated for part-time employees. 19.4 Article 19 does not apply to employees on annual leave except as provided in the Annual Leave Program (Current Sick Leave Balances—Deferred Sick Leave, and Severance Pay Sections). ARTICLE 20: LEAVES OF ABSENCE The EMPLOYER agrees to provide to full-time employees the following leaves of absence with reasonable written notice from the employee: 20.1 Military Leave - Military leave, with pay, for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. 20.2 Jury Duty Leave - Jury duty leave when ordered by the appropriate authorities. The I2, Attachment 1 Packet Page Number 100 of 211 EMPLOYER agrees to pay the difference between the employee's regular salary and jury duty pay if the jury duty pay is less than the employee's regular salary. If the jury is dismissed more than two (2) hours prior to the end of the employee's regular scheduled shift, the employee shall report to work. Employees who are scheduled to work evening or night shift will be changed to day shift for the period of time they are required to serve on jury duty. Employees must notify the City as soon as possible after receiving notification of their order to serve. 20.3 Educational Leave - Educational leaves with pay for work-related conferences and seminars which occur during regular working hours when attendance is approved by the EMPLOYER. The EMPLOYER further agrees to pay reasonable costs related to the above. 20.4 Funeral/Bereavement Leave - A maximum of three (3) days of funeral/bereavement leave with pay shall be extended to employees upon the death of a member of the immediate family of the employee or their spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers or sisters, sons-in-law or daughters-in-law). The maximum eligibility for funeral leave remains at 24 hours, regardless of shift length. This leave is pro-rated for part-time employees. 20.5 Parenting Leave - A. Employees who work twenty (20) or more hours per week and have been employed more than one (1) year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed twelve (12) weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. B. Employees are not required to use sick leave during parental leave but may use sick leave at their option for any period of this leave they are unable to work due to medical reasons. In addition, sick leave of up to three (3) days for a normal delivery and four (4) days for a caesarean delivery may be requested by employees in order to take the expectant mother to the hospital for delivery and during the days immediately following the birth including bringing the mother and child home. Employees on annual leave will use annual leave in lieu of sick leave unless they are eligible for deferred sick leave. C. The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave. D. If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. Both leaves will run concurrently until eligibility for either leave expires. E. Seniority will continue to accrue during the twelve (12) week parental leave for eligible employees. Employees who have not completed their probationary period, and are therefore not covered under the law, may receive up to a maximum of two (2) weeks unpaid leave that is not adjusted for seniority with authorization of the employee’s supervisor and City Manager. F. Employees shall be eligible for FMLA in accordance with Federal Law. I2, Attachment 1 Packet Page Number 101 of 211 ARTICLE 21 (RESERVED) ARTICLE 22: INJURY ON DUTY Employees injured in or contracting illness from actual service and thereby rendered incapable of performing their duty shall receive no more than their regular take-home pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury subject to the following conditions: a) In order to receive the benefits of this section for a period exceeding seven (7) days said injury or illness must be determined to be eligible under worker's compensation. b) In order to be eligible for the benefits of this section for a period of seven (7) days or less, the Employer must determine that the injury is "on-the-job" in nature. c) In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty-four (24) hours of said injury to the Employer. d) If an Employee takes advantage of this section, all salary related benefit income (such as worker's compensation, disability benefits, etc.) must be turned over to the Employer. e) Benefits of this section shall assure the Employee of their regular pay only and shall not include allowances for overtime or other pay. f) The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g) The Employer may require a reasonable number of physical examinations by the City's Physician at reasonable times at City expense. h) The City's Physician shall determine when the Employee is able to return to work. i) This section does not apply in the case of death of an Employee, on duty or otherwise. j) The base pay of an Employee will continue until the "on-the-job" status of an injury has been determined, if said injury appears to be "on-the-job." However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. a. In the event vacation time is used, upon the return to work of the Employee, fifty percent (50%) of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. k) Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. l) This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. I2, Attachment 1 Packet Page Number 102 of 211 ARTICLE 23: INSURANCE 2017 Health Care Costs/ Contributions 23.1 For all full-time employees hired prior to January 1st, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata contributions every two weeks to each employee’s Health Reimbursement Account. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the City’s contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave or 12 hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the Employee’s HRA. 23.2 For all employees hired on or after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for the Medica Elect/Essential plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: I2, Attachment 1 Packet Page Number 103 of 211 i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor-Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. For newly hired employees who have successfully completed one year of employment, the contribution shall be $1800.00. iii. $2,700 annually into a HRA for those employees who elect family coverage. For newly hired employees who have successfully completed one year of employment, the contribution for family coverage shall be $2800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the Employee’s HRA. 2018 Health Care Costs/Contributions 23.3 The Employer and the Union mutually agree to re-open this contract in 2017 to negotiate 2018 health insurance costs/contributions. The re-opener is exclusive to Article 23. Should the parties fail to reach an agreement on the terms of Article 23 though good-faith negotiations, the parties mutually agree to refer the issue to binding “final offer” interest arbitration. The Employer and the Union further agrees to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the Employer’s expectation that a global agreement with all affected bargaining units will be reached by the city’s insurance committee. In the event health insurance provisions of this agreement fail to meet the requirements of the Affordable Care Act and its related regulations, the Union and the Employer will meet immediately to negotiate alternative provisions. Should the Affordable Care Act and/or changes to the Affordable Care Act and its related regulations cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will immediately meet and, upon written mutual agreement of the parties, negotiate alternative provisions. 23.4 Life Insurance - The EMPLOYER shall provide a life insurance policy with a benefit value of thirty-five thousand dollars ($35,000) for all full-time employees. 23.5 Long-Term Disability Insurance - The Employer will provide Long-Term Disability Insurance with the cost of such being fully paid by the EMPLOYER for full-time employees and regular part-time employees who work (and are on payroll) at 20 or more hours per week. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this contract. Employees are not eligible for vacation, sick leave and annual leave accrual while receiving Long-Term Disability payments except for hours on payroll using accrued leave. Employees who were hired into positions at 15-19 hours per week before 1-1-03 and remain continuously at 15 or more hours per week will be eligible for this benefit on a pro-rated basis as they were prior to 1-1-03. I2, Attachment 1 Packet Page Number 104 of 211 23.6 Short-Term Disability Insurance – The EMPLOYER agrees to provide optional short- term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the Employee’s cost . 23.7 If and when AFSCME is ready to negotiate a Retiree Health Savings Plan, the City will schedule a meeting to begin the process. 23.8 Employees will be eligible to elect coverage in the City’s optional Long-term care benefit at the employees cost, if they meet the criteria established in the plan. ARTICLE 24: UNIFORMS Employees in Building, Street, Park, Utility and Vehicle Maintenance shall be provided with uniforms maintained by the EMPLOYER. The EMPLOYER will provide uniforms for CSO and CSO/Paramedic positions. Lifeguard staff will be provided with three (3) sets of t-shirts and shorts annually. Engineering Techs and Building Inspectors who regularly work in the field shall be reimbursed up to seventy-five dollars ($75.00) towards the cost of appropriate outerwear upon production of proper documentation of such expenses. All other regular part-time Park and Recreation employees will be provided with three (3) shirts on an annual basis. One (1) set of appropriate outerwear will be provided for Park, Utility, and Street Maintenance Workers, the Mechanics, Engineer Technicians, Building Inspectors, and the Environmental Health Officer. This outerwear is not to be used outside of City work and will normally be kept on City premises. No additional outerwear will be provided unless the outerwear was obviously ruined at work. The EMPLOYER agrees to pay up to $300 toward the cost of safety-toed boots annually for those employees required by the EMPLOYER to wear them. The EMPLOYER will pay for a second pair (if needed) due to the boots being obviously ruined at work. If a second pair is needed, it is understood the employee will normally not need a new pair the following year. ARTICLE 25: TRAVEL AND MEAL ALLOWANCE 25.1 Mileage - The EMPLOYER agrees to pay the City-approved rate (which is tied to the IRS-approved rate) to employees as requested by the EMPLOYER to use their private vehicle for official City business. An additional five dollars ($5) per day shall be paid for required use of an employee's car on a public works construction project. If a City fleet vehicle is available, it shall be offered to the employee, but if one is not available, then Employees shall not reasonably decline to use their vehicles on and/or to construction sites when requested. 25.2 Meals - A. If employees are required to travel outside of the area in performance of their duties as a City employee, they will receive reimbursement of expenses for meals, lodging and necessary expenses incurred. However, the City will not reimburse employees for meals connected with training held within Maplewood City limits, unless meals are provided as part of the training. Reimbursement for travel expenses will be allowed at coach rates for air travel. B. For in state training approved by the City Manager, the Employer will pay for the conference fees, transportation costs and reasonable costs for meals and lodging I2, Attachment 1 Packet Page Number 105 of 211 for full-time employees. C. Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. Per diem meal and incidental expenses as set forth in the annual General Services Administration Meals and Incidentals Expenses Table located on the internet at www.gsa.gov/mie will be allowed without receipts being required. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. Also, if a meal is provided as part of the training, seminar, conference or other event being attended, an appropriate deduction shall also be made for that meal. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. ARTICLE 26: PERSONNEL FILES A copy of any material to be placed in an employee's personnel file during the term of this AGREEMENT shall be provided to said employee. All disciplinary action material more than three (3) years old will not be used in further disciplinary actions. The EMPLOYER will remove past discipline from the employee’s personnel file if there has been no further discipline within the past five (5) years. ARTICLE 27: NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 28: LEGAL DEFENSE 28.1 No Legal Defense - Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision outside the scope of their employment may not receive legal defense by the City. 28.2 Reimbursement for Legal Defense - Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of their employment, when such act is performed in good faith and under direct order of their supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 29: REQUIRED LICENSES The City agrees to reimburse employees for job related required licenses or certifications and renewal of same, except driver licenses. I2, Attachment 1 Packet Page Number 106 of 211 ARTICLE 30: SAFETY 30.1 Joint Safety – The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 30.2 Safety Committee – The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 31: LEADPERSON Lead persons shall receive a pay differential according to the Wage Schedule in Appendix C for that period of time that they are assigned the duties of any crew chief position or that of building Maintenance Supervisor by the appropriate department head or designated supervisor. ARTICLE 32: TOOLS Those employees classified as mechanics (Mechanic Crew Chief, Heavy Equipment Mechanic and VEM Technician) shall be paid an annual tool allowance of up to $500 effective 1-1-2015 and thereafter on the condition that employees provide receipts and they are reimbursed based on the receipts. Said mechanics agree to provide, at no expense to the City, all basic tools (including metric) necessary for the performance of their jobs, excluding special tools. The City will provide all special tools required to perform the duties of the job. The annual tool allowance will be pro-rated in the first and last year of employment based on percentage of the year worked. In addition, the supervisor must approve all tool reimbursements allowed by this provision in an employee’s last year of service with the City. ARTICLE 33: EDUCATION When funds are available as determined by the Department head, the EMPLOYER agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as “Microsoft Word©”), upon successful completion with a “C” grade or better, seventy-five (75%) reimbursement upon completion with a “B” grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non-working hours. Part-Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 34: RESERVED ARTICLE 35: WAGE SCHEDULE 35.1 General Wage Adjustment: I2, Attachment 1 Packet Page Number 107 of 211 Employees shall receive the following General Wage Adjustment: • 2.5% effective January 1, 2017 • 2.5% effective January 1, 2018 Such increases are reflected in the Salary Ranges in Appendices A and B. If the Employer agrees to any better general wage adjustment increases for any other bargaining groups in 2017-2018, then the City shall apply those same increases to this Agreement as well. 35.2 New Salary Ranges – New salary ranges are adopted with the 2001-2002 contract. Employees who had previously been at longevity steps that pay more than the new ranges will be able to retain their pay rates and will be eligible for cost-of-living increases. The new salary ranges have eight (8) steps. Movement within the range is based on a combination of time in position and performance. Employees will be eligible for step movement once per year on their anniversary date until they reach Step 8. If an employee received a performance rating that is below satisfactory (below good) on any of the major performance dimensions, their step movement will be delayed until such time as they have received two consecutive fully satisfactory performance reviews. Once a delayed increase is provided, the new eligibility date for pay increases for that employee will change to the date the delayed increase went into effect. Employees will normally be hired at Step 1 of the range. Exceptions can be approved by the City Manager. Employees who are promoted will move to a step which gives them an increase over their pre-promoted pay rate. In addition to the hourly rates provided in the Contract, $120 per month will be paid in deferred compensation to each full-time employee, beginning 01/01/13. Those with 15 years of service will receive an additional $5/month (to $125) Those with 20 years of service will receive an additional $10 (to $130) Those with 25 years of service will receive an additional $15 (to $135) Those with 30 years of service will receive an additional $20 (to $140) Deferred Compensation is pro-rated for part-time employees who work 20 hours per week or more (and for those who work 15-19 hours/week who were grand-fathered in on 1-1-03). Those who work less than 20 hours per week and who were hired 1-1-03 or after are not eligible for city-paid deferred compensation. All deferred comp payments set forth above shall only be paid if the Employee matches the contribution from the City. If the Employees’ contribute a lesser amount than set forth above, the Employer will match the lesser amount. 35.3 City shall provide a fully paid single annual membership to the Maplewood Community Center (MCC) and for those employees who request it, the City shall pay 50% and the employee shall pay 50% towards an annual family membership at the MCC. ARTICLE 36: WAIVER 36.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the I2, Attachment 1 Packet Page Number 108 of 211 provisions of this agreement, are hereby superseded. 36.2 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. 36.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 37: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 38: DURATION This AGREEMENT shall be effective January 1, 2017, and shall remain in full force and effect until the thirty-first (31st) day of December 2018. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 2017. FOR THE CITY: FOR THE UNION: ___________________________________ ________________________________ Mayor ___________________________________ ________________________________ City Manager ___________________________________ ________________________________ Human Resource Department ________________________________ I2, Attachment 1 Packet Page Number 109 of 211 APPENDIX A A.F.S.C.M.E. January 1, 2017 – January 1, 2018 Salary Ranges (2.5% increase) Step 1 2 3 4 5 6 7 8 Accountant 31.06 32.60 34.24 35.94 37.01 38.13 38.90 39.68 Accounting Technician 22.79 23.92 25.12 26.36 27.14 27.97 28.53 29.11 Administrative Assistant 22.03 23.13 24.27 25.51 26.27 27.06 27.59 28.14 Building Attendant 12.39 13.01 13.65 14.35 14.76 15.21 15.52 15.82 Building Custodian 18.01 18.93 19.89 20.88 21.48 22.14 22.57 23.04 Building Inspector 29.83 31.32 32.88 34.53 35.57 36.63 37.36 38.10 Building Inspector Apprentice 23.86 25.06 26.30 27.61 28.44 29.28 29.90 30.47 Building Maintenance Worker 19.83 20.84 21.85 22.95 23.64 24.35 24.84 25.32 Child Care Coordinator 16.05 16.85 17.70 18.59 19.16 19.72 20.11 20.51 Civil Engineer I 31.60 33.17 34.85 36.58 37.69 38.81 39.59 40.39 Civil Engineer II 34.77 36.51 38.34 40.26 41.46 42.69 43.54 44.41 Communications Coordinator 33.27 34.94 36.68 38.51 39.66 40.86 41.67 42.51 CSO 20.11 21.12 22.16 23.27 24.00 24.71 25.18 25.71 Customer Service Associate 12.39 13.01 13.65 14.35 14.76 15.21 15.52 15.82 Crime/Strategic Analyst Tech 26.29 27.60 28.99 30.43 31.34 32.29 32.93 33.59 Customer Service Rep, Senior 16.05 16.85 17.70 18.59 19.16 19.72 20.11 20.51 Engineering Technician 23.79 25.00 26.25 27.56 28.39 29.23 29.83 30.39 Engineering Technician, Sr 29.51 30.96 32.51 34.14 35.16 36.22 36.95 37.69 Environmental/City Code Specialist 23.86 25.06 26.30 27.61 28.44 29.28 29.90 30.47 Environmental Health Official 30.11 31.61 33.19 34.85 35.89 36.97 37.71 38.46 Environmental Planner 34.92 36.67 38.51 40.44 41.65 42.90 43.76 44.65 Facility Technician 20.71 21.74 22.83 23.97 24.69 25.41 25.93 26.46 Heavy Equipment Mechanic 23.62 24.78 26.01 27.34 28.15 29.01 29.58 30.19 Lead Custodian 20.71 21.74 22.83 23.97 24.69 25.41 25.93 26.46 Lead Licensing Specialist 25.32 26.58 27.93 29.29 30.22 31.12 31.73 32.37 Maintenance Worker 23.03 24.18 25.39 26.68 27.47 28.28 28.85 29.43 29.49 30.03 Maintenance Trainee 20.93 21.94 0.00 0.00 0.00 0.00 0.00 0.00 Mechanic Crew Chief 25.96 27.27 28.63 30.07 30.96 31.88 32.52 33.17 Naturalist 24.87 26.11 27.42 28.77 29.64 30.56 31.17 31.78 Office/Licensing/PD Records Spec. 20.33 21.34 22.42 23.54 24.22 24.95 25.47 25.97 Park Maintenance Crew Chief 25.32 26.60 27.93 29.29 30.22 31.11 31.73 32.37 Planner 30.36 31.90 33.50 35.16 36.22 37.31 38.06 38.84 Property Room Technicians 20.71 21.74 22.83 23.97 24.69 25.41 25.93 26.46 Sanitary Sewer Crew Chief 25.32 26.60 27.93 29.29 30.22 31.11 31.73 32.37 Senior Service Center Representative 20.33 21.34 22.42 23.54 24.22 24.95 25.47 25.97 Storm Sewer Crew Chief 25.32 26.60 27.93 29.29 30.22 31.11 31.73 32.37 Street Maintenance Crew Chief 25.32 26.60 27.93 29.29 30.22 31.11 31.73 32.37 VEM Technician 20.05 21.04 22.10 23.21 23.88 24.62 25.11 25.63 I2, Attachment 1 Packet Page Number 110 of 211 APPENDIX B A.F.S.C.M.E. January 1, 2018 – December 31, 2018 (2.5% increase) Step 1 2 3 4 5 6 7 8 Accountant 31.84 33.42 35.10 36.84 37.94 39.08 39.87 40.67 Accounting Technician 23.36 24.52 25.75 27.02 27.82 28.67 29.24 29.84 Administrative Assistant 22.58 23.71 24.88 26.15 26.93 27.74 28.28 28.84 Building Attendant 12.70 13.34 13.99 14.71 15.13 15.59 15.91 16.22 Building Custodian 18.46 19.40 20.39 21.40 22.02 22.69 23.13 23.62 Building Inspector 30.58 32.10 33.70 35.39 36.46 37.55 38.29 39.05 Building Inspector Apprentice 24.46 25.69 26.96 28.30 29.15 30.01 30.65 31.23 Building Maintenance Worker 20.33 21.36 22.40 23.52 24.23 24.96 25.46 25.95 Civil Engineer I 32.39 34.00 35.72 37.49 38.63 39.78 40.58 41.40 Child Care Coordinator 16.45 17.27 18.14 19.05 19.64 20.21 20.61 21.02 Civil Engineer II 35.64 37.42 39.30 41.27 42.50 43.76 44.63 45.52 Communications Coordinator 34.10 35.81 37.60 39.47 40.65 41.88 42.71 43.57 CSO 20.61 21.65 22.71 23.85 24.60 25.33 25.81 26.35 Customer Service Associate 12.70 13.34 13.99 14.71 15.13 15.59 15.91 16.22 Crime/Strategic Analyst Tech 26.95 28.29 29.71 31.19 32.13 33.09 33.76 34.43 Customer Service Rep, Senior 16.45 17.27 18.14 19.05 19.64 20.21 20.61 21.02 Engineering Technician 24.38 25.63 26.91 28.25 29.10 29.96 30.58 31.15 Engineering Technician, Sr 30.25 31.73 33.32 34.99 36.04 37.13 37.87 38.63 Environmental/City Code Specialist 24.46 25.69 26.96 28.30 29.15 30.01 30.65 31.23 Environmental Health Official 30.86 32.40 34.02 35.72 36.79 37.89 38.65 39.42 Environmental Planner 35.79 37.59 39.47 41.45 42.69 43.97 44.85 45.77 Facility Technician 21.23 22.28 23.40 24.57 25.31 26.05 26.58 27.12 Heavy Equipment Mechanic 24.21 25.40 26.66 28.02 28.85 29.74 30.32 30.94 Lead Custodian 21.23 22.28 23.40 24.57 25.31 26.05 26.58 27.12 Lead Licensing Specialist 25.95 27.24 28.63 30.02 30.98 31.90 32.52 33.18 Maintenance Worker 23.61 24.78 26.02 27.35 28.16 28.99 29.57 30.17 30.23 30.78 Maintenance Trainee 21.45 22.49 0.00 0.00 0.00 0.00 0.00 0.00 Mechanic Crew Chief 26.61 27.95 29.35 30.82 31.73 32.68 33.33 34.00 Naturalist 25.49 26.76 28.11 29.49 30.38 31.32 31.95 32.57 Office/Licensing/PD Records Spec. 20.84 21.87 22.98 24.13 24.83 25.57 26.11 26.62 Park Maintenance Crew Chief 25.95 27.27 28.63 30.02 30.98 31.89 32.52 33.18 Planner 31.12 32.70 34.34 36.04 37.13 38.24 39.01 39.81 Property Room Technicians 21.23 22.28 23.40 24.57 25.31 26.05 26.58 27.12 Sanitary Sewer Crew Chief 25.95 27.27 28.63 30.02 30.98 31.89 32.52 33.18 Senior Service Center Representative 20.84 21.87 22.98 24.13 24.83 25.57 26.11 26.62 Storm Sewer Crew Chief 25.95 27.27 28.63 30.02 30.98 31.89 32.52 33.18 Street Maintenance Crew Chief 25.95 27.27 28.63 30.02 30.98 31.89 32.52 33.18 VEM Technician 20.55 21.57 22.65 23.79 24.48 25.24 25.74 26.27 I2, Attachment 1 Packet Page Number 111 of 211 APPENDIX C DIFFERENTIAL PAY A. Employees operating the following equipment shall be paid a differential of $1.00 per hour in addition to their regular wage while they operate the following heavy equipment: Motor Patrol (Road Grader) Pick-Up Sweeper Mini-Hoe Roller (6 ton or over) Traxcavator Bulldozer Backhoe/Loader Snow Wings when in use Tractor (no cab) w/ mowing attachment JetVac (Aquatech) when used as a combination machine Front-End Loader (if operated by an employee over one (1) continuous hour in a given day) B. Differential pay for leadperson shall be $1.08 per hour. (See Article 31) C. Differential pay for Lifeguard as Water Safety Instructor or Head Lifeguard shall be $1.00 per hour. E. Differential pay for Customer Service Representative and Customer Service Associate as Manager on Duty shall be $1.00 per hour. I2, Attachment 1 Packet Page Number 112 of 211 APPENDIX D CITY OF MAPLEWOOD ANNUAL LEAVE PROGRAM A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the City’s vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best “fit” for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor’s certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employee’s ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by the employee’s supervisor, a doctor’s statement will not be required.) I2, Attachment 1 Packet Page Number 113 of 211 D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part-time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part-time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro-rated annual leave. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as “deferred sick leave” until the balance was exhausted. Deferred sick leave can be used for any doctor-certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know—in advance—they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one- for-one basis for employees who converted from vacation/sick leave to annual leave. G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March,1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short-Term Disability Insurance - The City adopted an optional short-term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. I2, Attachment 1 Packet Page Number 114 of 211 The City also has a long-term disability program in place where benefits begin at ninety (90) calendar days. Short-term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long-term disability insurance payments and their regular take- home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. I. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one-for-one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed eighty (80) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employee’s current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid in a separate check. Regular rate for the purpose of this policy is the employee’s straight time rate not including overtime, pay differentials, out-of -class adjustments or any other additions to regular pay. I2, Attachment 1 Packet Page Number 115 of 211 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN AND MAPLEWOOD CONFIDENTIAL & SUPERVISORY GROUP January 1, 2017 through December 31, 2018 I2, Attachment 2 Packet Page Number 116 of 211 Table of Contents ARTICLE 1: PURPOSE AND INTENT ........................................................................................... 2 ARTICLE 2: RECOGNITION .......................................................................................................... 2 ARTICLE 3: DEFINITIONS ............................................................................................................. 2 ARTICLE 4: GROUP SECURITY ................................................................................................... 3 ARTICLE 5: EMPLOYER SECURITY ............................................................................................ 4 ARTICLE 6: EMPLOYER AUTHORITY .......................................................................................... 4 ARTICLE 7: GRIEVANCE PROCEDURE/ARBITRATION ............................................................ 4 ARTICLE 8: NONDISCRIMINATION .............................................................................................. 6 ARTICLE 9: SENIORITY ................................................................................................................ 6 ARTICLE 10: WORK SCHEDULES ............................................................................................... 6 ARTICLE 11: MEAL AND REST PERIODS ................................................................................... 8 ARTICLE 12: OVERTIME ............................................................................................................... 8 ARTICLE 13: PROBATIONARY PERIODS.................................................................................... 9 ARTICLE 14: JOB POSTING ......................................................................................................... 9 ARTICLE 15: DISCIPLINE ............................................................................................................ 10 ARTICLE 16: DEMOTION ............................................................................................................ 10 ARTICLE 17: VACATION / ANNUAL LEAVE ............................................................................... 10 ARTICLE 18: HOLIDAYS .............................................................................................................. 11 ARTICLE 19: SICK LEAVE ........................................................................................................... 12 ARTICLE 20: LEAVES OF ABSENCE ......................................................................................... 13 ARTICLE 21: SEVERANCE PAY ................................................................................................. 14 ARTICLE 22: INJURY ON DUTY ................................................................................................. 14 ARTICLE 23: INSURANCE .......................................................................................................... 15 ARTICLE 24: CLOTHING AND EQUIPMENT .............................................................................. 18 ARTICLE 25: TRAVEL AND MEAL ALLOWANCE ...................................................................... 18 ARTICLE 26: PERSONNEL FILE ................................................................................................. 19 ARTICLE 27: TUITION REIMBURSEMENT ................................................................................ 20 ARTICLE 28: LEGAL DEFENSE .................................................................................................. 20 ARTICLE 29: REQUIRED LICENSES .......................................................................................... 20 ARTICLE 30: WAGE SCHEDULE ................................................................................................ 20 ARTICLE 31: SAFETY .................................................................................................................. 22 ARTICLE 32: WAIVER ................................................................................................................. 22 ARTICLE 33: SAVINGS CLAUSE ................................................................................................ 22 ARTICLE 34: DURATION ............................................................................................................. 22 APPENDIX A ................................................................................................................................. 24 APPENDIX B ................................................................................................................................. 25 APPENDIX C ................................................................................................................................ 26 I2, Attachment 2 Packet Page Number 117 of 211 ARTICLE 1: PURPOSE AND INTENT This Agreement entered into as of January 1, 2017 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called “Employer” and /or “City”, and Maplewood Confidential & Supervisory GROUP hereinafter called the “Collective Bargaining Group” and/or “Group.” It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ART ICLE 2: RECOGNITION 2.1 The EMPLOYER recognizes the GROUP as the exclusive representative, for All Employees of the City of Maplewood, Minnesota, who are public employees within the meaning of Minnesota Statutes 179A.03, Subdivision 14, who are confidential within the meaning of Minnesota Statutes 179A.03 Subdivision 4 or who are both supervisory and confidential within the meaning of Minnesota Statutes 179A.03 Subdivisions 4 and 17, excluding supervisory employees within the scope of the existing “supervisory appropriate unit. 2.1.1 The positions of City Manager, Assistant City Manager/HR Director, Finance Director, and Director of Public Safety shall be excluded for the life of this Agreement. 2.2 In the event the EMPLOYER and the GROUP are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 GROUP: City of Maplewood Confidential & Supervisory GROUP. 3.2 EMPLOYER: The City of Maplewood, Minnesota. 3.3 DEPARTMENT HEAD: Fire Chief, IT Director, Parks & Recreation Director, Director of Environment and Economic Development, Public Works Director, and similar titles that may be created. 3.4 EMPLOYEE: A member in good standing of the Confidential and Supervisory GROUP, covered by this AGREEMENT. 3.5 SENIORITY: Employee's length of continuous service with the EMPLOYER. 3.6 CONTINUOUS SERVICE: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. I2, Attachment 2 Packet Page Number 118 of 211 3.7 GRIEVANCE: A dispute or disagreement as to the interpretation or application of the terms and conditions of this AGREEMENT. 3.8 REGULAR FULL-TIME EMPLOYEE: An Employee who is holding a regular full-time position with the City of Maplewood. A regular FT position is a position that is not temporary or seasonal in nature and is expected to work at least 40 hours per week. 3.9 REGULAR PART-TIME EMPLOYEE: An Employee who regularly works more than fourteen (14) hours per week, but less than forty (40) hours per week, year-round in an on-going position. The Employee receives a prorated portion of city provided benefits. 3.10 JOB CLASS SENIORITY: Employee’s length of continuous service in a job class. 3.11 EXEMPT: Not covered by the federal and state Fair Labor Standards Acts overtime requirements. 3.12 NON-EXEMPT: Covered by the federal and state Fair Labor Standards Acts overtime requirements. ARTICLE 4: GROUP SECURITY In recognition of the GROUP as the certified exclusive representative, the EMPLOYER shall: 4.1 Group Stewards. The GROUP may designate certain Employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 4.2 Initiation Fees - Deduct an amount sufficient to provide the payment of initiation fees established by the GROUP from the wages of all Employees covered by this AGREMEENT. 4.3 GROUP Dues - Deduct an amount sufficient to provide the payment of dues established by the GROUP from the wages of all Employees covered by this AGREEMENT. Such monies shall be divided equally among the pay-periods and shall be remitted with an itemized statement to the appropriate designated officer of the GROUP. Dues appeals or challenges may be filed in accordance with State Statute. 4.4 Fair Share Fees - Deduct fair share fees in accordance with Minnesota Statutes, Section 1 79A.06, Subd. 3 and remit such deduction, with an itemized statement, to the appropriate designated officer of the GROUP within ten (10) days following said deduction. 4.5 Bulletin Board - Furnish and maintain one (1) bulletin board in a convenient place which may be used by the GROUP for posting of proper notices and bulletins at each location where Employees are regularly scheduled. 4.6 Release time for negotiations and grievances (mediation/arbitration). During each round of negotiations and grievance situations involving mediation/arbitration, two stewards will be allowed to meet with City representatives for the purpose of conducting GROUP business as provided by State Stature. During the course of the stewards normal work day, the Employer agrees to allow reasonable time away from their work duties, without loss of pay. Stewards, however, are not eligible for pay when they are off-duty and/or are on an approved leave. I2, Attachment 2 Packet Page Number 119 of 211 4.7 Hold Harmless - The GROUP agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 5: EMPLOYER SECURITY The GROUP agrees that during the term of this AGREEMENT the GROUP will not cause, encourage, participate in or support any strike, intentional slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 6: EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. ARTICLE 7: GRIEVANCE PROCEDURE/ARBITRATION 7.1 For purpose of this AGREEMENT, the term “grievance” means any dispute between the EMPLOYER and the employee(s) concerning the interpretation or application of the terms and conditions of this AGREEMENT. Both parties recognize that should a provision of the AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any employment rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the GROUP agree to the following grievance procedure. Each step of the grievance procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. 7.2 Processing of a Grievance - It is recognized and accepted by the GROUP and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such Employee’s duties and responsibilities. The aggrieved Employee and the GROUP representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the Employee and the GROUP representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for absence. 7.3 Procedure - Any grievance or dispute between the parties relative to the application, meaning or interpretation of this AGREEMENT shall be settled in the following manner: Step 1. The GROUP Steward, with or without the Employee, shall take up the grievance or dispute with the Employee's immediate supervisor within fourteen (14) calendar days of the date of the grievance or the Employee’s knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the employee within fourteen (14) calendar days. In cases of discharge, a grievance must be filed within seven (7) calendar days and the immediate supervisor shall respond within seven (7) calendar days. I2, Attachment 2 Packet Page Number 120 of 211 Step 2. If the grievance has not been settled in accordance with Step 1, the GROUP shall present the grievance in writing to the appropriate Group Manager within seven (7) calendar days after the immediate supervisor’s Step 1 response is due. All grievances shall state the facts on which it is based, when they occurred, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested. The Group Manager shall respond to the GROUP steward in writing within seven (7) calendar days. Step 3. If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested, by the GROUP to the City Manager within ten (10) calendar days after the Group Manager’s response is due. The City Manager will respond to the GROUP in writing within ten (10) calendar days. Step 4. If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the GROUP may submit the issue in dispute to binding arbitration within fourteen (14) calendar days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The GROUP will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) calendar days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 7.4 The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the GROUP and shall have no authority to make a decision on any other issue not so submitted. 7.5 The fees and expenses for the arbitrator’s service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. 7.7 If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the GROUP may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the GROUP without prejudice to either party. 7.8 Should a grievance involve the suspension, demotion or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee’s right to seek redress under this Article. I2, Attachment 2 Packet Page Number 121 of 211 ARTICLE 8: NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 9: SENIORITY 9.1 Determining Criterion – Seniority will be the determining criterion for transfers, newly created positions and promotions only when all other qualification factors are equal. 9.2 Layoff - In the event it becomes necessary to lay off Employees for any reason, Employees within a given job classification shall be laid off in inverse order of their job class seniority (providing the remaining Employees have the ability, license or certification required of a position or can be trained to perform the remaining work and become licensed or certified in a timely manner as required by the position) in the following order: a. Temporary, interim or acting employees b. Probationary part-time employees c. Probationary full-time employees d. Regular part-time employees e. Regular full-time employees 9.3 Recall - Employees shall be recalled from layoff according to job class seniority. No new Employee shall be hired for a job classification for which a layoff has occurred until all Employees on layoff status within that job classification have been given ample opportunity to return to work within one (1) year of said layoff. The City will notify Employees on layoff to return to work by registered mail, at that Employee's last recorded address. The Employee must return to work within three (3) weeks of receipt of this notice in order to be eligible for re-employment. 9.4 Promotion Outside Bargaining Unit - Employees promoted or transferred outside the bargaining unit shall maintain their job class seniority in the unit for thirty (30) days. 9.5 Seniority List - The EMPLOYER agrees to provide the GROUP, upon request, a seniority list not more than four (4) times per year. 9.6 Continuous Service - For purposes of seniority, an Employee's continuous service record shall be broken by voluntary resignation, discharge for just cause, and retirement. ARTICLE 10: WORK SCHEDULES 10.1 Normal Workday/Work Week - The sole authority for determining work schedules is the Employer. The Employer may arrange a flexible schedule for Employees within the Department. The normal workday for a non-exempt Employee shall be eight (8) hours; normal hours that Employer offices are open for business are 8:00 a.m. to 4:30 p.m.; and the normal workweek shall be forty (40) hours Monday through Friday. 10.2 Regular Shifts - Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis other than the normal I2, Attachment 2 Packet Page Number 122 of 211 work day or work week. The EMPLOYER will give advance notice to the Employees affected by the establishment of workdays different from the Employee's normal workday. 10.3 Unusual Work Circumstances - In the event that work is required because of unforeseen unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime if requested unless unusual circumstances prevent him/her from doing so. 10.4 Saturday/Sunday Work Weeks - Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays for select positions. 10.5 Permanent Schedule Changes - Any permanent changes in the work schedule should be preceded with a four (4) week notice to the affected Employees. 10.6 Out-of-Class Assignment – Any Employee working an out-of-class assignment for four (4) hours or more shall be paid at a rate within the higher job classification, but in no case shall the Employee receive less than 5% per hour additional. For the purposes of this Article, an out-of-class assignment is defined as an assignment of an Employee to perform the significant duties and responsibilities of a position different from the Employee’s regular position, and which is in a higher classification within the bargaining unit. Also for purposes of this Article, Employees will be paid at the higher rate only for the hours worked at the higher rate. 10.7 Flexible Scheduling – Non-exempt Employees, who normally work eight (8) hour shifts, will be paid one and one-half (1-1/2) times the Employee’s regular pay rate for all hours worked in excess of eight (8) hours, when required to work more than eight (8) hours. Changes of shift do not qualify an Employee for overtime under this article. Non-exempt Employees who normally work shifts of longer than eight (8) hours, will be paid one and one half (1-1/2) times the Employee’s regular pay rate for all hours in excess of the normal shift length. Schedule changes made by the supervisor shall be posted for fourteen (14) days prior to the effective date. At the Employee’s request, Employees may work a shorter shift than that normally required and may make up the time on another shift, upon approval of their supervisor. When Employees avail themselves of this approved flexible scheduling, they will not be eligible for overtime for the longer shift. Under no circumstances will an Employee be allowed to work more than forty (40) hours in a given week due to selecting this option, if they would not have been eligible to do so prior to selecting it. 10.8 Exempt Employees – Department Heads or exempt Employees are normally required to work the number of hours necessary to fulfill their responsibilities including evening meeting and/or on-call hours. The normal hours of business for Department Heads are Monday through Friday, 8 a.m. to 4:30 p.m. Department heads are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in extra hours above and beyond the normal 8 a.m. to 4:30 p.m. Monday through Friday requirement. All exempt positions may also require work beyond forty (40) hours per week. In recognition for working extra hours, these Employees may take time off during their normal working hours with supervisory approval. I2, Attachment 2 Packet Page Number 123 of 211 ARTICLE 11: MEAL AND REST PERIODS An Employee may take an unpaid meal period and two (2) paid - fifteen (15) minute rest periods during a normal work day at times determined by the Employee and their immediate supervisor. The length of the meal period will vary depending on department and job title. With supervisory approval, rest periods may be added together, added to a lunch break or added to an unpaid break to workout at the Community Center or do personal business. Police and Fire Department personnel will receive paid meal and rest breaks and remain available for an immediate return to duty should an event dictates it. ARTICLE 12: ON-CALL & CALL BACK 12.1 Definition. Non-exempt employees required by the Employer to be available to answer a call and perform work if necessary during hours outside their normal work shift, shall be considered “on-call.” The Employer will establish an on-call schedule one month prior to implementation. Employees must provide notice of unavailability prior to the issuance of the schedule. 12.2 Requirements. If assigned as on-call, employees must ensure they are available to be contacted. Employees must return calls within 30 minutes of receiving an e-mail or voicemail message. If required to return to work, employees must be able to do so within two hours of being contacted. 12.3 Compensation. Employees who are on-call will receive two (2) hours of pay at straight time for each week day they are assigned on-call. A week day shall consist of the hours from 5:00 p.m. until 7:00 a.m. the following morning Monday – Friday. Employees who are on-call for each weekend day (Saturday & Sunday) or Holiday as defined in the Personnel Policies will receive three (3) hours of pay, at one and one-half (1 ½) times the employee’s regular pay rate per day. A weekend day and Holiday day shall consist of a 24 hour period from 7 a.m. until 7 a.m. the following morning. 13.4 Call-Back. In addition to the above compensation, employees who are on-call and are contacted to resolve a critical information system problem shall be paid two (2) hours minimum at one and one-half ( 1 ½) times the employee’s regular pay rate per incident. If the resolution of the problem takes more than two (2) hours, then the employee shall be compensated at one and one-half (1 ½) times the employee’s regular pay rate for time worked for that one incident. An incident shall begin when the telephone or e-mail is answered and end when the problem is either resolved or escalated to the appropriate staff member. Multiple calls and/or e-mails regarding the same problem are considered one incident. ARTICLE 13: OVERTIME 13.1 Daily/Weekly Overtime – For non-exempt Employees, hours worked in excess of eight (8) hours within an assigned work day or more than forty (40) hours within an assigned work week will be compensated at one and one-half (1-1/2) times the Employee’s regular pay rate. Employees normally working shifts greater than eight (8) hours in length will be eligible for overtime for hours in excess of the normal shift length or in excess of forty (40) hours per week. I2, Attachment 2 Packet Page Number 124 of 211 13.2 No Duplication of Overtime – For the purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.3 Computing Overtime – All paid leave time shall be considered time worked for the purpose of computing overtime. 13.4 Comp Time. The City will allow employees the option of accruing compensatory time in lieu of overtime pay under the following conditions: • Compensatory time shall be scheduled only with prior approval from the immediate supervisor, and that such time shall not be scheduled so as to interfere with operations. • Any compensatory time accrued will be capped at forty (40) hours per year and will be cashed out at the end of the year. • Overtime worked in excess of the forty (40) hour cap will be paid during the same pay period it is earned. ARTICLE 14: PROBATIONARY PERIODS 14.1 Probationary Period - New Employees - All newly hired or rehired Employees will serve a one (1) year probationary period. At any time during the probationary period a newly hired or re-hired Employee may be terminated at the sole discretion of the EMPLOYER. 14.2 Probationary Period - New Classification - All Employees promoted or transferred will serve a six (6) month probationary period in any job classification in which the Employee has not served a probationary period. At any time during the probationary period a promoted or reassigned Employee may be reassigned to the Employee's previous position at the sole discretion of the EMPLOYER. Notwithstanding the above, any position under the authority of the Police Civil Service Commission shall still serve one (1) year probation. 14.3 At any time during the first thirty (30) calendar days of the probationary period a promoted Employee may be reassigned to the Employee's previous position at the discretion of the EMPLOYEE with the approval of the EMPLOYER which will not be unreasonably withheld or delayed. ARTICLE 15: JOB POSTING 15.1 Promotion From Within - The EMPLOYER and the GROUP agree that regular job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: a. have the qualifications deemed necessary by the EMPLOYER to meet the standards of the job vacancy; and b. have the ability deemed necessary by the EMPLOYER to perform the duties and responsibilities of the job vacancy. 15.2 Selection Decision - The EMPLOYER has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 15.3 Job Posting - Job vacancies within the designated bargaining unit will be posted for a minimum of ten (10) working days so that members of the bargaining unit can be considered for such vacancies. I2, Attachment 2 Packet Page Number 125 of 211 ARTICLE 16: DISCIPLINE 165.1 The EMPLOYER will discipline Employees for just cause only. All discipline shall be in writing and will normally be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. ARTICLE 17: DEMOTION Employees may be demoted if they have been found unsuited for the present position but may be expected to perform satisfactorily in a lesser position. Employees may also be demoted if their position(s) has been abolished or reclassified to a lower class. Employees who voluntarily demote or are demoted due to performance issues shall have their pay established within the range of the new classification at a level determined by the Human Resource Department. ARTICLE 18: VACATION / ANNUAL LEAVE 18.1 Vacation Schedule - Full-time employees hired before May 5, 2001 shall normally earn paid vacation leave (accrued on a biweekly basis) according to the following schedule: Years of Service Annual Accrual Rates Date of hire through 4th year of service 10 working days per year 5th through 11th year of service 15 working days per year 12 through 20 year of service 20 working days per year 21 years of service and thereafter 25 working days per year Regular part-time Employees hired before May 5, 2001 who work (and are on payroll) at 20 or more hours per week will accrue vacation on a pro-rated basis consistent with hours worked (exclusive of overtime hours). Employees who have vacation accrual greater than the annual accrual rate schedule, will continue accruing at the higher rate and progress through the steps proportionally. 18.2 Maximum Vacation Accumulation - At year-end, Employees shall not carryover more than one and one-half (1-1/2) times his/her annual earned vacation. Employees will be eligible for 100% of their vacation balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). 18.3 Vacation Conversion – On December 1st of each year, full-time and regular part-time Employees who are at the three (3) week vacation accrual rate or higher, with a minimum balance of eighty (80) hours, shall be eligible to convert up to forty (40) hours of unused vacation time to deferred compensation. Employees at the four (4) week accrual rate with an 80 hour minimum balance shall be eligible to convert up to sixty (60) hours. Conversion will be at the Employee’s current hourly rate as of December 1st and will be on the basis of one (1) hour of vacation for one (1) hour of deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 18.4 Annual Leave – EMPLOYER and the GROUP hereby incorporate the Annual Leave Program as adopted by the City of Maplewood on February 12, 2001 and revised on I2, Attachment 2 Packet Page Number 126 of 211 September 23, 2002. (See Appendix C) Articles 17.1, 17.2 and 17.3 do not apply to Employees who accrue Annual Leave in lieu of vacation and sick leave. 18.5 Full-time Employees who converted to Annual Leave and all new hires after May 5, 2001 shall normally earn paid annual leave (accrued on a biweekly basis) according to the following schedule: Years of Service Annual Accrual Rates Date of hire through 4th year of service 19 working days per year 5th through 11th year of service 24 working days per year 12th through 20th year of service 29 working days per year 21st years of service and thereafter 34 working days per year Annual Leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part-time Employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a pro-rated basis based on regular hours worked. Employees who have annual leave accrual greater than the annual accrual rate schedule, will continue accruing at the higher rate and progress through the steps proportionally. 18.6 Annual Leave will accrue on a pay-period basis for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. Employees will be eligible for 100% of their annual leave balance when they leave City service in cash payment or deposited in the Employee’s deferred compensation account unless it must be paid into the approved RHS plan pursuant to its rules. ARTICLE 19: HOLIDAYS 19.1 Holidays Observed - Full-time Employees shall be compensated for a full eight (8) hour day (pro-rated for regular part-time Employees who work and are on payroll 20 or more hours per week) if on paid status at the time of any of the following ten (10) holidays: DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day First Monday in September Labor Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving December 25 Christmas Day When holidays fall on a Saturday or Sunday, the City shall designate the preceding Friday or following Monday as the "observed" holiday for City operations/facilities that are closed on holidays. Overtime for working on a holiday as provided above shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. I2, Attachment 2 Packet Page Number 127 of 211 19.2 Holiday Pay. Hours worked by non-exempt employees on holidays, except Thanksgiving, Christmas, and New Years, will be compensated for at one and one-half (1-1/2) times the Employee’s regular pay rate in addition to the compensation provided in the wage schedule. Hours worked by non-exempt employees on the holidays of Thanksgiving, Christmas, and New Years will be compensated for at two (2) times the employee’s regular pay rate in addition to the compensation provided in the wage schedule. 19.3 Personal Holidays – In addition to the holidays listed in 18.1, all full-time Employees shall also receive twenty (20) hours of personal holiday time per year. Regular part-time Employees who work or are on payroll 20 or more hours per week shall be pro-rated. The date of such personal holiday shall be requested by the Employee and approved by the EMPLOYER. The hours must be used during the year and will not carry over to the next year. Any unused hours as of December 31st will be converted to the employee’s Retiree Health Savings Plan. ARTICLE 20: SICK LEAVE 20.1 Use of Sick Leave - A full-time Employee hired before May 5, 2001 shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month, accrued on a pay-period basis, except as provided below. Regular part-time Employees hired before May 5, 2001 who work (and are on payroll) at 20 or more hours per week shall accrue sick leave on a pro-rated basis consistent with hours worked (exclusive of overtime hours). All other conditions of accrual and use of sick leave for regular part-time Employees shall be the same as for full-time Employees. Sick leave does not accrue during an unpaid leave of absence. Employees who are on annual leave do not accrue sick leave. Employees hired before May 5, 2001 who are covered by the Police Civil Service Commission cannot accumulate more than 300 days of sick leave. Sick leave may be approved only for days when an Employee would otherwise have been at his or her employment. It may be used, with the approval of the immediate supervisor, in any of the following cases: a. when the Employee cannot work because of illness, injury, or disability of themselves, their children, spouse, parents, stepchildren, or stepparents; b. for medical, dental, chiropractic or optical examinations or treatment of the Employee, or the Employee's children (appointments should be scheduled to minimize the amount of disruption to the workday); c. when the Employee's presence would jeopardize the health of other Employees by exposing them to contagious disease or illness. 20.2 Sick leave will also be approved for use in accordance with the Family and Medical Leave Act. Employees shall notify the EMPLOYER at or before their normally scheduled starting time of any illness for which they wish to take sick leave. The EMPLOYEE must submit satisfactory proof of illness or injury, by way of a doctor’s certificate, if requested by the EMPLOYER. Those employees who misuse sick leave shall be subject to disciplinary action. Any action taken by the EMPLOYER under this Article shall be subject to the grievance procedure. 20.3 Sick Leave Conversion – Employees hired before May 5, 2001 who accrue sick leave, may participate in the following optional sick leave conversion program. Said sick leave conversion program shall provide for the conversion of forty percent (40%) of the Employee's annual earned and unused sick leave to vacation or deferred compensation after an Employee has accumulated forty-five (45) days or more of sick leave as provided I2, Attachment 2 Packet Page Number 128 of 211 above. The conversion shall be made annually on January 1 at the Employee's request. Conversion shall be based only on sick leave days earned and unused during the previous twelve (12) months. One-half (1/2) of the remaining annual earned and unused sick leave shall be retained as accumulated sick leave and one-half (1/2) shall be forfeited by the Employee to the City at the time of conversion. The amount of sick leave earned and unused in the prior year that is eligible for conversion shall be prorated for part-time employees. 20.4 Conversion After 800 Hours - On December 31st of each year full-time and regular part- time Employees with 800 hours or more of accumulated sick leave shall be eligible to convert sick leave accumulated in the previous 12 months to vacation or deferred compensation at the Employee's current pay rate on the basis of 2 hours of sick leave for 1 hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation and deferred compensation. The amount of sick leave earned and unused in the prior year which is eligible for conversion shall be pro- rated for part-time Employees. 20.5 Annual Leave – Article 19 does not apply to Employees who accrue annual leave except as provided in the Annual Leave Program (Deferred Sick Leave and Severance Pay Sections). ARTICLE 21: LEAVES OF ABSENCE The EMPLOYER agrees to provide to full-time and regular part-time Employees the following leaves of absence with reasonable written notice from the Employee: 21.1 Military Leave - Military leave with pay for reserve training, not to exceed fifteen (15) working days per calendar year, when ordered by the appropriate authorities. Military leave in excess of fifteen working days shall be awarded in accordance with State and Federal law. 21.2 Jury Duty Leave - Jury duty leave when ordered by the appropriate authorities. Regular full-time and part-time Employees shall be granted paid leaves of absence for required jury duty. Such Employees shall be required to turn over any compensation received for jury duty, minus mileage, meal or expense reimbursement, to the City in order to receive their regular wages for the period. Time spent on jury duty shall not be counted as time worked in computing overtime. If the jury is dismissed more than two (2) hours prior to the end of the Employee's regular scheduled shift, the Employee shall report to work. Employees who are scheduled to work evening or night shift will be changed to day shift for the period of time they are required to serve on jury duty. Employees must notify the City as soon as possible after receiving notification of their order to serve. 21.3 Educational Leave - Educational leaves with pay for work-related conferences and seminars, which occur during regular working hours when attendance is approved by the EMPLOYER. The EMPLOYER further agrees to pay reasonable costs related to the above. 21.4 Funeral/Bereavement Leave - A maximum of three (3) normal workdays (24 hours) of funeral/bereavement leave with pay shall be extended to a full-time Employee upon the death of a member of the immediate family of said Employee or his/her spouse (i.e., spouse, children, sons-in-law, daughters-in-law, grandchildren, parents, grandparents, brothers, sisters, legal guardian or individuals who are under an Employee's or spouse's legal guardianship) for attendance to the funeral or other demonstrated need in relation thereto. The actual time off, and funeral leave approved, will be determined by the Department Head depending on the individual arrangements to be made, distance to the I2, Attachment 2 Packet Page Number 129 of 211 funeral, etc. Funeral leave provided in accordance with this article will be pro-rated for part-time employees. ARTICLE 22: SEVERANCE PAY 22.1 All regular Employees who leave employment of the City in good standing by retirement or resignation shall receive pay for 100% of unused accrued vacation, personal holidays or annual leave (and compensatory time if applicable). 22.2 Employees who retire, resign or are laid off shall be entitled to severance pay which shall be computed at their regular rate of pay at the time of severance and shall amount to one- half (1/2) of the accumulated sick leave with a maximum allowance of 50 days’ pay. In the case of the death of an Employee who has become eligible for severance pay in accordance with this AGREEMENT, the beneficiary of the Employee shall be eligible to receive the Employee’s severance pay as provided above. Notwithstanding the above, Employees covered by the Police Civil Service Commission are eligible for 50% of their sick leave with a maximum payout of 1,200 hours. In case of death in the line of duty for any employee covered under this Agreement, 100% of the accumulated sick leave/deferred sick leave shall go directly into the employee’s RHS plan in accordance with the Plan. 22.3 If an Employees moves from one bargaining unit to another, the hours accrued and unused prior to the change will be covered by the applicable union contract in effect at the time of the change. ARTICLE 23: INJURY ON DUTY Employees injured, or contracting an illness, from actual service for the EMPLOYER and thereby rendered incapable of performing their duties shall receive pay equal to their regular pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury, subject to the following conditions: a. In order to receive the benefits of this section for a period exceeding seven (7) days, the injury or illness must be determined to be eligible under worker's compensation. b. In order to be eligible for the benefits of this section for a period of seven (7) days or less, the EMPLOYER must determine that the injury is "on-the-job" in nature. c. In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty-four (24) hours of the injury to the EMPLOYER. d. If an Employee takes advantage of this section all salary related benefit income (such as worker's compensation, disability payments, etc.) must be turned over to the EMPLOYER. e. Benefits of this section shall assure Employees of their current pay rate only and shall not include allowances for overtime or other pay. f. The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g. The EMPLOYER may require a reasonable number of physical examinations by a physician of the City's choice at reasonable times at the City's expense. h. This section does not apply in the case of death of an Employee on duty or otherwise. I2, Attachment 2 Packet Page Number 130 of 211 i. The current pay rate of an Employee will continue until the "on-the-job" status of an injury has been determined if said injury appears to be "on-the-job". However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, annual leave, or compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. In the event vacation time is used, upon the return to work of the Employee, 50% of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. j. Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. k. This section shall not be applicable if such job related injury is due to intentional negligence on the part of the employee so injured. ARTICLE 24: INSURANCE 2017 Health Care Costs/Contributions 24.1 Health Insurance – For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata contributions. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the City’s contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave or 12 hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the Employee’s HRA. I2, Attachment 2 Packet Page Number 131 of 211 24.2 For all employees hired on or after January 1, 2013, the following shall apply f. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for the Medica Elect/Essential plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor- Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. For newly hired employees who have successfully completed one year of employment, the contribution shall be $1800.00. iii. $2,700 annually into a HRA for those employees who elect family coverage. For newly hired employees who have successfully completed one year of employment, the contribution for family coverage shall be $2800.00. g. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the Employee’s HRA. 2018 Health Care Costs/Contributions 24.3 The Employer and the Union mutually agree to re-open this contract in 2018 to negotiate health insurance costs/contributions. The re-opener is exclusive to Article 23. Should the parties fail to reach an agreement on the terms of Article 23 through good-faith negotiations, the parties mutually agree to refer the issue to binding “final offer” interest arbitration. The Employer and the Union further agrees to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the Employer’s expectation that a global agreement with all affected bargaining units will be reached by the city’s insurance committee. In the event health insurance provisions of this agreement fail to meet the requirements of the Affordable Care Act and/or any other new federal legislation, the Union and the Employer will meet immediately to negotiate alternative provisions. Should the Affordable Care Act and/or any other new federal legislation cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will immediately meet and, upon written mutual agreement of the parties, negotiate alternative provisions. I2, Attachment 2 Packet Page Number 132 of 211 In addition, the City will pay 50% of the cost of Employee (single) coverage for the HDHP for Employees who work (and are on payroll) 30 or more hours per week. Regular part- time Employees with this status may purchase dependent coverage at their own cost. 24.4 Dental Insurance - The EMPLOYER shall pay one hundred percent (100%) of the cost of Employee (single) dental insurance premium. Dental benefits apply to full-time employees only. 24.5 IRS-125 Plan - As permitted, the EMPLOYER shall provide an IRS-125 Plan to be used for Employee's health and dental insurance premiums. 24.6 Life Insurance - The EMPLOYER shall provide a life insurance policy with a benefit value equal to 100% of regular annual salary to a maximum of $50,000.00 for full time employees. 24.7 Long-Term Disability Insurance - The EMPLOYER will provide Long-Term Disability Insurance with the cost of such being fully paid by the EMPLOYER. Such Long-Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT. Employees are not eligible for vacation, sick leave, or annual leave accrual while receiving Long-Term Disability payments except for hours on payroll using accrued leave. Coverage shall also be provided to regular part-time Employees who work (and are on payroll) 20 or more hours per week. 24.8 Short-Term Disability Insurance - The EMPLOYER agrees to provide optional, Employee-paid short-term disability insurance coverage for all regular Employees who are on payroll at 20 or more hours per week. Employees may elect this optional coverage at the Employee’s cost. 24.9 Long-term Care – Employees are eligible to elect coverage in the City’s optional Long- term care benefit at the Employees cost, if they meet the criteria established in the plan. 24.10 Retiree Health Savings - The City agrees to provide a retiree health savings plan with the following plan specifications: A. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement. B. Benefits will be limited to insurance premiums (health, dental, vision and long-term care premiums, Medicare Part B, Medicare Part D, Medicare supplements and other prescription drug insurance premiums); and out-of-pocket expenses described as eligible by the Internal Revenue Service. C. The RHS plan will be funded by severance pay as follows: 1. 50% of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is age 50 or above at the time of separation from service. The remaining 50% of eligible severance pay for sick leave and deferred sick leave would not go into the RHS and would be cashed out at time of separation. 2. 50% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee’s balance is at least 80 hours at the time of separation from service and the employee is at least age 50. If under 80 hours or under age 50, nothing would go in. The remaining 50% of accrued annual leave and personal holidays would not go into the RHS and would be cashed out at time of separation. I2, Attachment 2 Packet Page Number 133 of 211 3. 50% of accrued vacation and personal holidays would be deposited into the RHS plan if the employee is at least age 50 and their vacation balance is at least 80 hours at the time of separation from service. If under 80 hours or age 50, nothing would go in. The remaining 50% of accrued vacation and personal holidays would not go into the RHS and would be cashed out at the time of separation. D. The RHS plan will be funded with annual deposits as follows: 1. Employees who are eligible for annual leave and are at least age 50, will have the cash value of 16 hours of annual accrued but unused annual leave deposited into the RHS plan if the annual leave balance is at least 240 hours on the last payroll in December. In addition, there would be an annual deposit of the cash value of all hours over 300 hours - as of the last payroll in December. (Under the first part of this provision, if an employee uses all of their annual accrual in a particular year, nothing will go into the plan that year. If they use all but 10 hours, the 10 would go in.) 2. Employees that have a vacation balance of 160 or more hours on the last payroll in December, and are at least age 45, will have the cash value of 16 hours of annual accrued but unused vacation deposited into the RHS plan. In addition, employees of any age will have the cash value of all vacation hours in excess of the carryover limit (1.5 times annual accrual) deposited into the RHS plan. (If an employee uses all the vacation they earn that year or their balance did not exceed the carryover limit, nothing would go in.) 3. All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. ARTICLE 25: CLOTHING AND EQUIPMENT 25.1 Employees covered by the Police Civil Service Commission will receive clothing and equipment consistent with that allowed in the LELS (Local 173) Sergeants contract currently in effect. 25.2 Fire Department employees will receive clothing and equipment consistent with that allowed in the IAFF (Local 4470 - O) contract currently in effect. 25.3 The positions of Street Maintenance Superintendent and Sanitary Sewer/Fleet Management Superintendent have one of the following two options: • Receive an allowance of $350 per year to purchase clothing/uniforms. Employer to provide clothing/uniforms. 25.4 The positions of Street Maintenance Superintendent and Sanitary Sewer/Fleet Management Superintendent shall receive up to $300 annually toward the cost of safety- toed boots ARTICLE 26: TRAVEL AND MEAL ALLOWANCE 26.1 Mileage - The EMPLOYER agrees to pay mileage reimbursement at the current Internal Revenue Service ( rate to Employees required by the EMPLOYER to use their private vehicles for official City business, excluding Employees who receive a mileage allowance. 26.2 Mileage Allowances – Mileage allowances of $200 per month shall be provided to: Public Works Director, Parks & Recreation Director, Environment & Economic Development I2, Attachment 2 Packet Page Number 134 of 211 Director, and IT Director. The City does not reimburse or pay mileage allowances for portal-to-portal travel (home to work and back home again). 26.3 Take Home Vehicles – Vehicles are provided to Employees to assist in conducting City business. Use of City-owned property and vehicles outside work hours will be allowed only in situations where such use constitutes a benefit to the City, including personal use incidental to the use of the vehicle for City business. Use of take-home vehicles for driving to and from work or work-related meetings or training on off-duty hours is permitted. Employees with take home vehicles must have sufficient equipment in the vehicle to respond to a call whenever their vehicles are used. Currently, the only Employees outside of the Police and Fire Departments with take home vehicles the Street Maintenance Superintendent and the Sanitary Sewer/Fleet Mgmt./Parks Superintendent. 26.4 Meals – Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. All meal reimbursements require a detailed receipt. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. If a detailed receipt is not provided, reimbursement will default to the per diem meal and incidental expenses as set forth in the annual General Services Administration Meals and Incidentals Expenses Table located on the internet at www.gsa.gov/mie. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. If a meal is provided as part of the training, seminar, conference or other event being attended, no additional reimbursement will be allowed. Gratuity is limited to 15% of the bill. Any gratuity higher than 15% is not reimbursable and is the employee’s responsibility. ARTICLE 27: PERSONNEL FILE 27.1 A copy of any material to be placed in an Employee's personnel file during the term of this Agreement shall be provided to said employee. 27.2 Material related to a disciplinary action against an employee will be removed from the Employee’s personnel file based on the following criteria: • Oral reprimands, at the request of the Employee, shall be removed from the Employee’s personnel file after one year, provided the Employee is not involved in a progressive discipline action. • Written reprimands and suspension notices shall be removed from the Employee’s personnel file after five years, provided the Employee is not involved in a progressive discipline action and no further disciplinary action has been taken. 27.3 Demotion references will be removed from the Employee’s personnel file after five years. I2, Attachment 2 Packet Page Number 135 of 211 ARTICLE 28: TUITION REIMBURSEMENT When funds are available as determined by the Department Head, the EMPLOYER agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as “Microsoft Word©”), upon successful completion with a “C” grade or better, seventy-five (75%) reimbursement upon completion with a “B” grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non-working hours. Part-Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 29: LEGAL DEFENSE Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and Court costs actually incurred by such Employee in defending against such charge. Employees involved in litigation because of negligence, ignorance of laws, non- observance of laws, or as a result of Employee judgmental decision outside the scope of their employment may not receive legal defense by the City. ARTICLE 30: REQUIRED LICENSES The City agrees to pay for licenses and certifications and renewal of same that are required by law or the City, except driver licenses. ARTICLE 31: WAGE SCHEDULE 31.1 Wage Adjustment: A general wage increase shall be provided to all positions represented by the GROUP as follows: • 2.5% effective January 1, 2017 • 2.5% effective January 1, 2018 Annual wage adjustment increases are reflected in the job classification ranges set forth in Appendices A and B. 31.2 Deferred Compensation: The Employer will contribute to each full-time Employee an amount equal to three and one quarter percent (3.25%) of their regular salary so long as the Employee contributes a matching amount of the regular salary to be deposited into an approved deferred compensation plan. The following positions shall be grandfathered to higher percentages as follows: • Police Commander (Kvam), Fire Chief, Environment & Economic Development Director= 3.75% • Police Commander (Shortreed), Public Works Director = 3.50% o In the event that any of these positions shall become vacant, the deferred compensation for the newly hired Employee shall be reset to 3.25% o In the event that any of the current Employees in the above listed positions are promoted or otherwise reclassified to a new position that is I2, Attachment 2 Packet Page Number 136 of 211 not part of a demotion or disciplinary action, said Employee shall remain at the current deferred compensation level as listed above. If the percentage amount for an Employee as calculated above falls below $150.00 per month then the Employee may contribute up to $150.00 per month instead of the lower percentage amount for that Employee, and the Employer shall match such contribution. Regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week will receive a pro-rated amount deposited into an approved deferred compensation plan under the same conditions a full-time employees. 31. 3 Incumbent Salary Ranges: EMPLOYER agrees to maintain the current salary ranges for all existing employees holding GROUP positions as of November 1, 2007 (except some positions have been increased pursuant to agreement between the parties to be equal to salaries to be paid to hew hires or transfers). These salary ranges have been increased by 1% for the first six months of 2013 and these salary ranges have also been increased by 1% for the final six months of 2013 and have been increased 2% for 2014 for both the minimum and maximum salary for each position and shall be paid according to the attached salary ranges set forth and incorporated herein at column 1 of Appendices A & B. See Appendices A& B—Column 1 - Current Incumbents Salary Ranges. 31. 4 New Hire/Transfers Salary Ranges: For new hires and for Employees transferred into the GROUP after November 1, 2007, EMPLOYER shall pay newly hire/transferred Employees as specified in column 2 of Appendices A & B attached hereto and incorporated herein. These salary ranges have been increased by 1% for the first six months of 2013 and these salary ranges have also been increased by 1% for the final six months of 2013 and have been increased 2% for 2014 for both the minimum and maximum salary for each position and shall be paid according to the attached salary ranges set forth and incorporated herein at column 2 of Appendices A & B. See Appendices A& B—Column 2 - New Hires and Transferred Employees. 31. 5 Anniversary Increases/Performance Reviews: Employees (current incumbents and new hires/transferred) are eligible for an increase in pay on their anniversary date, provided they are not already at the maximum salary for their pay range. Movement within the ranges is based on time in the position and performance. It is the employee's responsibility to direct a request/justification for an anniversary increase in writing to his/her supervisor, or Department Head, if applicable. Anniversary increases shall be granted at the Department Head's or, if for a Department Head, the City Manager’s discretion/approval. The following is a chart for parameters for determining pay increases if the employee is considered fully satisfactory. If current salary is: Increase can be: Bottom of Range: Up to 5% 25% - 50% of Range: Up to 4.5% 50% - 75% of Range: Up to 4% Top 25% of Range: Up to 3.5% If an Employee receives a performance rating of Does Not Meet Expectations on any of the performance competencies their step movement will be delayed until such time as they have received two consecutive satisfactory performance reviews. These will be completed by the Supervisor on a quarterly basis. Once a delayed increase is provided, the new eligibility date for pay increases for that Employee will change to the date the delayed increase went into effect. I2, Attachment 2 Packet Page Number 137 of 211 Employees will normally be hired at the minimum pay. Exceptions can be approved by the City Manager based on qualifications and experience. Employees who are promoted will move to a pay rate, which gives them at least a 3% increase over their pre-promoted pay rate, subject to limitations of the salary range maximum. ARTICLE 32: SAFETY 32.1 Joint Safety The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 32.2 Safety Committee The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 33: WAIVER 33.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 33.2: The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. 33.3: The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 34: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 35: DURATION This AGREEMENT shall be effective as of January 1, 2017, and shall remain in full force and effect through the thirty-first (31st) day of December 2018. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 20 . I2, Attachment 2 Packet Page Number 138 of 211 FOR THE CITY: FOR THE GROUP: ___________________________________ ___________________________________ Mayor President ___________________________________ ___________________________________ City Manager Vice President ___________________________________ ___________________________________ Assistant City Manager/ Director of HR Secretary I2, Attachment 2 Packet Page Number 139 of 211 APPENDIX A CONFIDENTIAL & SUPERVISORY GROUP ANNUAL SALARY RANGES FOR JOB CLASSIFICATIONS 2017 1/1/2017 Incumbents New Hires/Transferred after 11/1/07 Minimum Maximum Minimum Maximum Accounting Supervisor 69,025 90,007 Assistant City Engineer 80,655 104,501 Assistant Finance Director 80,731 106,964 Assistant Fire Chief/Fire Marshal 88,276 112,766 Chief of EMS 94,583 126,163 City Facilities Manager 67,887 90,965 Communications Manager 78,485 100,514 Deputy PW Director/City Engineer 101,928 125,107 Director of Environment and Economic Dev. 107,238 133,792 Fire Chief 97,472 130,012 94,583 126,163 GIS Analyst 57,881 76,612 Human Resource Coordinator 65,243 86,614 64,339 85,411 IT Director 81,981 108,224 80,185 105,810 IT Technician 50,950 67,395 Parks & Rec Director 101,890 124,276 Payroll Coordinator 54,954 73,429 Payroll Technician/Administrative Assistant 49,960 66,753 Police Commander 106,270 118,539 Police Lieutenant 96,684 113,325 Public Works Director 111,662 138,384 Sanitary Sewer/Fleet Mgmt. Superintendent 79,326 102,607 Senior Administrative Assistant 52,156 66,600 Street Maintenance Superintendent 79,326 102,607 Systems/Network Engineer 73,576 88,656 Wellness Coordinator/HR Assistant 52,156 66,600 I2, Attachment 2 Packet Page Number 140 of 211 APPENDIX B CONFIDENTIAL & SUPERVISORY GROUP ANNUAL SALARY RANGES FOR JOB CLASSIFICATIONS 2018 1/1/2018 Incumbents New Hires/Transferred after 11/1/07 Minimum Maximum Minimum Maximum Accounting Supervisor 70,750 92,257 Assistant City Engineer 82,672 107,113 Assistant Finance Director 82,749 109,638 Assistant Fire Chief/Fire Marshal 90,483 115,586 Chief of EMS 96,947 129,317 City Facilities Manager 69,584 93,239 Communications Manager 80,448 103,027 Deputy PW Director/City Engineer 104,476 128,235 Director of Environment and Economic Dev. 109,918 137,137 Fire Chief 99,909 133,262 96,947 129,317 GIS Analyst 59,328 78,527 Human Resource Coordinator 66,874 88,779 65,948 87,546 IT Director 84,031 110,929 82,189 108,455 IT Technician 52,223 69,080 Parks & Rec Director 104,437 127,383 Payroll Coordinator 56,328 75,265 Payroll Technician/Administrative Assistant 51,209 68,422 Police Commander 108,927 121,503 Police Lieutenant 99,101 116,158 Public Works Director 114,454 141,844 Sanitary Sewer/Fleet Mgmt. Superintendent 81,309 105,172 Senior Administrative Assistant 53,460 68,265 Street Maintenance Superintendent 81,309 105,172 Systems/Network Engineer 75,415 90,873 Wellness Coordinator/HR Assistant 53,460 68,265 I2, Attachment 2 Packet Page Number 141 of 211 APPENDIX C ANNUAL LEAVE PROGRAM A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the City’s vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best “fit” for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor’s certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employee’s ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by the employee’s supervisor, a doctor’s statement will not be required.) D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days I2, Attachment 2 Packet Page Number 142 of 211 Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part-time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part-time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro-rated annual leave. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as “deferred sick leave” until the balance was exhausted. Deferred sick leave can be used for any doctor-certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know—in advance—they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one- for-one basis for employees who converted from vacation/sick leave to annual leave. G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March,1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short-Term Disability Insurance - The City adopted an optional short-term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has a long-term disability program in place where benefits begin at ninety (90) calendar days. Short-term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long-term disability insurance payments and their regular take-home pay. I. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay I2, Attachment 2 Packet Page Number 143 of 211 benefits dependent upon an employee’s start date. Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one-for-one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed eighty (80) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employee’s current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid in a separate check. Regular rate for the purpose of this policy is the employee’s straight time rate not including overtime, pay differentials, out-of-class adjustments or any other additions to regular pay. I2, Attachment 2 Packet Page Number 144 of 211 2017-2018 LABOR AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND THE METRO SUPERVISORY GROUP I2, Attachment 3 Packet Page Number 145 of 211 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ........................................................................................................ 1 ARTICLE 2: RECOGNITION ............................................................................................................................. 1 ARTICLE 3: DEFINITIONS ................................................................................................................................ 1 ARTICLE 4: GROUP SECURITY ...................................................................................................................... 2 ARTICLE 5: EMPLOYER SECURITY ................................................................................................................ 2 ARTICLE 6: EMPLOYER AUTHORITY ............................................................................................................. 2 ARTICLE 7: WORK SCHEDULES ..................................................................................................................... 3 ARTICLE 8: MEAL AND REST PERIODS ......................................................................................................... 3 ARTICLE 9: PROBATIONARY PERIODS ......................................................................................................... 4 ARTICLE 10: SENIORITY ................................................................................................................................. 4 ARTICLE 11: JOB POSTING............................................................................................................................. 4 ARTICLE 12: DISCIPLINE ................................................................................................................................. 5 ARTICLE 13: GRIEVANCE PROCEDURE/ARBITRATION ............................................................................... 5 ARTICLE 14: ANNUAL LEAVE .......................................................................................................................... 6 ARTICLE 15: HOLIDAYS .................................................................................................................................. 7 ARTICLE 17: LEAVES OF ABSENCE ............................................................................................................... 7 ARTICLE 18: INJURY ON DUTY ....................................................................................................................... 8 ARTICLE 19: INSURANCE ............................................................................................................................... 9 ARTICLE 20: UNIFORMS ............................................................................................................................... 12 ARTICLE 21: TRAVEL AND MEAL ALLOWANCE .......................................................................................... 12 ARTICLE 22: PERSONNEL FILE .................................................................................................................... 12 ARTICLE 23: NONDISCRIMINATION ............................................................................................................. 12 ARTICLE 24: EDUCATION ............................................................................................................................. 13 ARTICLE 25: LEGAL DEFENSE ..................................................................................................................... 13 ARTICLE 26: WAGE SCHEDULE ................................................................................................................... 13 ARTICLE 27: SAFETY..................................................................................................................................... 14 ARTICLE 28: WAIVER .................................................................................................................................... 14 ARTICLE 29: SAVINGS CLAUSE ................................................................................................................... 15 ARTICLE 30: DURATION ................................................................................................................................ 15 APPENDIX A ................................................................................................................................................... 16 APPENDIX B ................................................................................................................................................... 17 APPENDIX C ................................................................................................................................................... 18 I2, Attachment 3 Packet Page Number 146 of 211 ARTICLE 1: PURPOSE OF AGREEMENT This Agreement entered into as of January 1, 2017 between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called “Employer” and /or “City”, and Metro Supervisory GROUP hereinafter called the “Collective Bargaining Group” and/or “Group.” It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreements interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION The Employer recognizes the GROUP as the exclusive representative under Minnesota Statutes, Section 179A.03 Subd. 8 as an appropriate bargaining unit consisting of those who supervise other Maplewood employees; except for those supervisors who report directly to the City Manager. ARTICLE 3: DEFINITIONS 3.1 Metropolitan Supervisory GROUP (GROUP) 3.2 Employer - The City of Maplewood, Minnesota. 3.3 Employee - A member of the exclusively recognized bargaining GROUP as set forth in Article 2 of this Agreement employed by the City of Maplewood. 3.4 Base Pay Rate - Employee's hourly pay rate exclusive of longevity pay or any other special allowances. 3.5 Seniority - Employee's length of continuous service with the Employer. 3.6 Severance Pay - Payment made to an Employee upon termination of employment as provided in Article 19.7. 3.7 Grievance - A dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 3.8 Regular Full-Time Employee - An Employee who is holding a position with the City of Maplewood, that is not temporary or seasonal in nature and is expected to work at least forty (40) hours per week. 3.9 Regular Part-Time Employee- An Employee who regularly works more than fourteen (14) hours per week, but less than forty (40) hours per week, year-round in an on-going position. The Employee receive a prorated portion of city provided benefits. 3.10 Job Class Seniority – Employee’s length of continuous service in a job classification. I2, Attachment 3 Packet Page Number 147 of 211 3.11 Exempt - Not covered by the federal and state Fair Labor Standards Act overtime requirements. 3.12 Non-Exempt - Covered by the federal and state Fair Labor Standards Act overtime requirements. ARTICLE 4: GROUP SECURITY In recognition of the GROUP as the exclusive representative, the Employer shall: 4.1 Group Stewards. The GROUP may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 4.2 Initiation Fees. Deduct an amount sufficient per pay period to provide the payment of initiation fees established by the GROUP from the wages of all Employees who have authorized in writing such deduction. 4.3 Fair Share Fees. Deduct fair share fees in accordance with Minnesota Statutes, Section 179A.06, Subd. 3 and remit such deduction, with an itemized statement, to the appropriate designated officer of the GROUP within ten (10) days following said deduction. 4.4 GROUP Dues. Deduct, each payroll period, an amount sufficient to provide the payment of dues established by the GROUP from the wages of all Employees who have authorized such deduction. Remit such deduction with an itemized statement to the appropriate designated officer of the GROUP within ten days following said deduction. 4.5 Bulletin Board. Furnish and maintain one (1) bulletin board in a convenient placewhich may be used by the GROUP for posting of proper notices and bulletins at each location where Employees are regularly scheduled. 4.6 Release time for negotiations and grievances (mediation/arbitration). During each round of negotiations and grievance situations involving mediation/arbitration, two stewards will be allowed to meet with City representatives for the purpose of conducting GROUP business as provided by State Statute. During the course of the stewards normal work day, the Employer agrees to allow reasonable time away from their work duties, without loss of pay. Stewards, however, are not eligible for pay when they are off -duty and/or are on an approved leave. 4.7 The GROUP agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this article. ARTICLE 5: EMPLOYER SECURITY The GROUP agrees that during the term of this Agreement the GROUP will not cause, encourage, participate in or support any strike, intentional slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 6: EMPLOYER AUTHORITY 6.1 The Employer retains the full and unrestricted right to operate and manage all staff, facilities, and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this agreement. I2, Attachment 3 Packet Page Number 148 of 211 6.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 7: WORK SCHEDULES 7.1 Normal Workday/Work Week. The sole authority for determining work schedules is the Employer. The Employee, with the approval of the supervisor, may work a flexible schedule. The normal workday for a non-exempt Employee shall be eight (8) hours; normal hours that Employer offices are open for business are 8:00 a.m. to 4:30 p.m.; and the normal workweek shall be forty (40) hours Monday through Friday. 7.2 Regular Shifts. Service to the public may require the establishment of regular shifts other than the normal work day or work week. The Employer will give advance notice to Employees affected by the establishment of workdays different from the Employee's normal workday. 7.3 Unusual Work Circumstances. In the event that work is required because of unusual circumstances such as, but not limited to, fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal workday be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call-backs, if requested, unless unusual circumstances prevent him/her from so working. 7.4 Service to the public may require the establishment of regular workweeks that include work on Saturdays and/or Sundays. 7.5 Any permanent changes in the work schedule should be preceded with a four (4) week notice to the affected Employees. 7.6 Out-of-Class Assignment. Any Employee working an out-of-class assignment for four (4) hours or more shall be paid at a rate within the higher job classification, but in no case shall the Employee receive less than 5% per hour additional. For the purposes of this Article, an out-of-class assignment is defined as an assignment of an Employee to perform the significant duties and responsibilities of a position different from the Employee’s regular position, and which is in a higher classification within the bargaining unit. Also for purposes of this Article, Employees will be paid at the higher rate only for the hours worked at the higher rate. 7.7 Exempt Employees. Employees are normally required to work the number of hours necessary to fulfill their responsibilities including evening meeting and/or on-call hours. The normal hours of business are Monday through Friday, 8 a.m. to 4:30 p.m. Exempt employees are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in extra hours above and beyond the normal 8 a.m. to 4:30 p.m. Monday through Friday requirement. All exempt positions may also require work beyond forty (40) hours per week. In recognition for working extra hours, these Employees may take time off during their normal working hours with supervisory approval. ARTICLE 8: MEAL AND REST PERIODS An Employee may take an unpaid one (1) hour meal period and two (2) fifteen (15) minute rest periods (with pay) during a normal workday at times determined by the Employer. Rest periods shall be taken at the site of working operations. I2, Attachment 3 Packet Page Number 149 of 211 ARTICLE 9: PROBATIONARY PERIODS 9.1 All newly hired or rehired Employees will serve a one (1) year probationary period. At any time during the probationary period a newly hired or re-hired Employee may be terminated at the sole discretion of the Employer. 9.2 All Employees promoted or transferred will serve a six (6) month probationary period in any job classification in which the Employee has not served a probationary period. At any time during the probationary period a promoted or reassigned Employee may be reassigned to the Employee's previous position at the sole discretion of the Employer. 9.3 At any time during the first thirty (30) calendar days of the probationary period a promoted Employee may be reassigned to the Employee's previous position at the discretion of the Employeer. ARTICLE 10: SENIORITY 10.1 In the event it becomes necessary to lay off Employees for any reason, Employees within a given job classification shall be laid off in inverse order of their job class seniority in the following order: a. Probationary part-time Employees b. Probationary full-time Employees c. Regular part-time Employees d. Regular full-time Employees 10.2 Employees shall be recalled from layoff according to their job classification seniority. No new Employee shall be hired for a job classification for which a layoff has occurred until all Employees on layoff status within that job classification have been given ample opportunity to return to work within eighteen (18) months of said layoff. The Employer will notify Employees on layoff to return to work by registered mail, at that Employee's last recorded address. The Employee must return to work within three (3) weeks of receipt of this notice to be eligible for re-employment. 10.3 Employees promoted or transferred outside the bargaining unit shall maintain their job classification seniority in the unit for thirty (30) days. 10.4 The Employer agrees to provide the GROUP, upon request, a seniority list not more than four (4) times per year. 10.5 For purposes of seniority, an Employee's continuous service record shall be interrupted through voluntary resignation, discharge for just cause and retirement. ARTICLE 11: JOB POSTING 11.1 The Employer and the GROUP agree that regular job vacancies or newly created job classifications within the designated bargaining unit shall be filled based on the concept of promotion from within, provided applicants: a. meet the qualifications of the job; and b. can perform the duties and responsibilities of the job. I2, Attachment 3 Packet Page Number 150 of 211 11.2 The Employer has the right of final decision in the selection of Employees to fill jobs based on qualifications, abilities and experience. 11.3 Job vacancies within the designated bargaining unit will be posted for ten (10) working days so members of the bargaining unit can be given first consideration for such vacancies. ARTICLE 12: DISCIPLINE 12.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 12.2 All forms of discipline referenced in Article 12.1 will be provided to the employee in written form. ARTICLE 13: GRIEVANCE PROCEDURE/ARBITRATION 13.1 It is recognized and accepted by the GROUP and the Employer that processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employer duties and responsibilities. The aggrieved Employee and the GROUP representative shall be allowed a reasonable amount of time, without loss in pay, when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the GROUP representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. The designated supervisor shall schedule an approved absence within five (5) workdays after the request for an absence has been requested. 13.2 Any grievance or dispute between the parties relative to the application, meaning or interpretation of this Agreement shall be settled in the following manner: Step 1. The GROUP steward, with or without the Employee, shall present the grievance or dispute to the Employee's immediate supervisor within twenty-one (21) calendar days after such alleged violation has occurred; except in cases of discharge which must have a written grievance filed within five (5) working days after discharge of the Employee. The supervisor shall attempt to resolve the matter and shall respond to the steward within seven (7) calendar days. Step 2. If the grievance has not been settled in accordance with Step 1, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, by the GROUP steward or his/her designee to the proper supervisor within fourteen (14) calendar days after the supervisor's response is due. The supervisor or his/her designee will respond to the GROUP steward in writing within seven (7) calendar days. Step 3. If the grievance has not been settled in accordance with Step 2, it shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, by the GROUP steward or his/her designee and GROUP business representative to the City Manager within fourteen (14) I2, Attachment 3 Packet Page Number 151 of 211 days after the supervisor's response is due. The City Manager or his/her designee will respond to the GROUP steward in writing within seven (7) calendar days. Step 4. If the grievance is still unsettled in accordance with Step 3, the GROUP may, within fourteen (14) calendar days after the City Manager's reply is due, give notice of its intention to submit the issue to arbitration by giving written notice, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested, to the other party. The arbitration proceeding shall be conducted by an arbiter to be selected by the Employer and the GROUP within seven (7) calendar days after the GROUP requests such action. If the party fails to select an arbiter, the State Bureau of Mediation Services will be requested by either or both parties to provide a panel of seven (7) arbiters. Both the Employer and the GROUP shall have the right to strike three (3) names from the panel. The GROUP shall strike the first name, the other party shall strike one (1) name, the process will be repeated, and the remaining person shall be the arbiter. The decision of the arbiter shall be final and binding on the parties, and the arbiter shall be requested to issue his/her decision within thirty (30) calendar days after the conclusion of testimony and argument. Expenses for the arbiter's services and proceedings shall be borne equally by the Employer and the GROUP. However, each party shall be responsible for compensation of its own representative and outside witnesses. If either party desires a verbatim record of the proceedings, it may cause such record to be made, providing it pays for the record and makes copies available at a reasonable cost to the other party and to the arbiters. 13.3 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the GROUP may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the Employer and the GROUP without prejudice to either party. 13.4 Arbitrator's Authority - The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the GROUP, and shall have no authority to make a decision on any other issue not submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws. ARTICLE 14: ANNUAL LEAVE 14.1 The Employer and GROUP hereby incorporate the Annual Leave Program as adopted by the City Council on February 12, 2001, and as amended on September 23, 2002, into this Agreement. (See Appendix C) 14.2 All Employees, will accrue annual leave in accordance with the following schedule: Years of Service Annual Accrual Rates 1st through 4th years of service 19 days (152 hours per year) 5th through 11th years of service 24 days (192 hours per year) 12th through 20th years of service 29 days (232 hours per year) I2, Attachment 3 Packet Page Number 152 of 211 After 20 years of service 34 days (272 hours per year) 14.3 Annual leave will accrue on a pay-period basis for up to sixty-two (62) days. Employees can carry over up to their full balance of accrued annual leave as long as the total balance never exceeds the sixty-two (62)-day cap. No additional accrual will occur above the cap. ARTICLE 15: HOLIDAYS 15.1 Regular full-time Employees shall be compensated for a full eight (8) hour day pro-rated for regular part- time Employees who work (and are on payroll) twenty (20) or more hours per week if the Employee is employed during any of the following ten (10) holidays: DATE HOLIDAY January 1 New Years Day Third Monday in January Martin Luther King's Birthday Third Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day First Monday in September Labor Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day Fourth Friday in November Day after Thanksgiving December 25 Christmas Day 15.2 Holiday Pay. Exempt Employees shall receive time off at their regular rate of pay for all hours (up to eight (8) hours) worked on a holiday, in addition to the compensation provided in section 15.1. These hours will be recorded on their timesheet and can be used as time off anytime that calendar year. If the hours earned are not used by the end of the year, they will be rescinded. When holidays fall on a Saturday or Sunday, the Employer shall designate the preceding Friday or following Monday as the "observed" holiday for Employer operations/facilities that are closed on holidays. Time off for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday not for the "observed" holiday. 15.3 Personal Holidays. In addition to the holidays listed in 15.1, employees shall receive twenty hours (20) personal holidays per year. Personal holidays shall be pro-rated for regular part-time Employees who work (or are on payroll) twenty (20) or more hours per week. The date of such personal holiday shall be approved by the Employer. The hours must be used during the year and will not carry over to the next year. Any unused hours as of December 31st will be converted to the employee’s Retiree Health Savings Plan. ARTICLE 16: (RESERVED) ARTICLE 17: LEAVES OF ABSENCE The Employer agrees to provide regular full-time and regular part-time Employees the following leaves of absence with reasonable written notice from the Employee: I2, Attachment 3 Packet Page Number 153 of 211 17.1 Military Leave. Military leave with pay for reserve training, not to exceed fifteen (15) working days per year, when ordered by the appropriate authorities. Military leave in excess of fifteen working days shall be awarded in accordance with State and Federal law. 17.2 Jury Duty Leave. Jury duty leave, when such leave has been ordered by the appropriate authorities. The Employer agrees to pay the difference between the Employee's regular salary and jury duty pay, minus mileage, meal or expense reimbursement, if the jury duty pay is less than the Employee's regular salary. If the jury is dismissed more than two (2) hours prior to the end of the Employee's regularly scheduled shift, the Employee shall report to work. Employees must notify the City as soon as possible after receiving notification of their order to serve. 17.3 Educational Leave. Educational leaves, with pay, for work-related conferences and seminars, which occur during regular working hours, when attendance is approved by the Employer. The Employer further agrees to pay reasonable costs related to the above types of educational leave. 17.4 Funeral/Bereavement Leave. A maximum of three (3) normal workdays of funeral/bereavement leave, with pay, shall be extended to a regular full-time Employee upon the death of their spouse or another member of the immediate family of said Employee or his/her spouse (i.e. children, sons-in-law, daughters-in-law, grandchildren, parents, grandparents, brothers, sisters, legal guardian or individuals who are under an Employee's or spouse's legal guardianship) for attendance at the funeral or other demonstrated need in relation thereto. The actual time off, and the number of hours of funeral leave approved, will be determined by the supervisor depending on the individual arrangements to be made, distance to the funeral, etc. Funeral leave provided in accordance with this article will be pro-rated for part-time Employees. ARTICLE 18: INJURY ON DUTY Employees injured in or contracting illness from actual service and thereby rendered incapable of performing their duty shall receive no more than their regular take-home pay during the period of incapacity without loss of sick leave for a period not exceeding ninety (90) working days per injury subject to the following conditions: a) In order to receive the benefits of this section for a period exceeding seven (7) days said injury or illness must be determined to be eligible under worker's compensation. b) In order to be eligible for the benefits of this section for a period of seven (7) days or less, the Employer must determine that the injury is "on-the-job" in nature. c) In order to be eligible for the benefits of this section, a written report of such injury must be made within twenty-four (24) hours of said injury to the Employer. d) If an Employee takes advantage of this section, all salary related benefit income (such as worker's compensation, disability benefits, etc.) must be turned over to the Employer. e) Benefits of this section shall assure the Employee of their regular pay only and shall not include allowances for overtime or other pay. f) The recipient of the benefits of this section must submit proof that reasonable efforts have been made to secure all salary related injury benefits available. g) The Employer may require a reasonable number of physical examinations by the City's Physician at reasonable times at City expense. h) The City's Physician shall determine when the Employee is able to return to work. I2, Attachment 3 Packet Page Number 154 of 211 i) This section does not apply in the case of death of an Employee, on duty or otherwise. j) The base pay of an Employee will continue until the "on-the-job" status of an injury has been determined, if said injury appears to be "on-the-job." However, if it is found that the injury is not job related, the time off will be credited to sick leave, vacation time, compensatory time off or, if none of these are adequate, deducted from future pay of the Employee. a. In the event vacation time is used, upon the return to work of the Employee, fifty percent (50%) of future sick leave accrual may be transferred to vacation time, until such time as the accrued vacation time reaches the level it was before time off was credited to vacation time. k) Time available under this section shall not be considered as sick leave and shall not be included in accrued sick leave at the time of termination of employment. l) This section shall not be applicable if such job related injury is due to intentional negligence on the part of the Employee so injured. ARTICLE 19: INSURANCE 2017 Health Care Costs/Contributions 19.1 Health Insurance – For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor-Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata contributions. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the City’s contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave or 12 hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the Employee’s HRA. 19.2 For all employees hired on or after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for the Medica Elect/Essential plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will I2, Attachment 3 Packet Page Number 155 of 211 contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor-Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. 1. For newly hired employees, who have successfully completed one year of employment, the contribution shall be $1,800. iii. $2,700 annually into a HRA for those employees who elect family coverage. 1. For newly hired employees, who have successfully completed one year of employment, the contribution for family coverage shall be $2,800. iv. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the Employee’s HRA. 2018 Health Care Costs/Contributions The Employer and the Union mutually agree to re-open this contract in 2018 to negotiate health insurance costs/contributions. The re-opener is exclusive to Article 23. Should the parties fail to reach an agreement on the terms of Article 23 though good-faith negotiations, the parties mutually agree to refer the issue to binding “final offer” interest arbitration. The Employer and the Union further agrees to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the Employer’s expectation that a global agreement with all affected bargaining units will be reached by the city’s insurance committee. In the event health insurance provisions of this agreement fail to meet the requirements of the Affordable Care Act and/or any other new federal legislation, the Union and the Employer will meet immediately to negotiate alternative provisions. Should the Affordable Care Act and/or any other new federal legislation cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will immediately meet and, upon written mutual agreement of the parties, negotiate alternative provisions. Any changes that are presented at renewal will be discussed during the Labor-Management Committee process. These benefits apply to full-time Employees only. In addition to the contribution for full-time Employees, the Employer will pay fifty-percent (50%) of the cost of the Employee (single) premium for HDHP for Regular Part Time Employees who work (and are on payroll) thirty (30) or more hours per week. These Employees are responsible for paying all costs beyond the aforementioned contribution by the Employer. Regular part-time Employees with this status may purchase dependent coverage at their own cost. 19.5 The Employer shall pay one-hundred percent (100%) of the cost of Employee (single) dental coverage for full-time Employees. I2, Attachment 3 Packet Page Number 156 of 211 19.6 As permitted, the Employer shall provide an IRS-125 Plan that shall be used for the Employee's health and dental insurance premiums. 19.7 The Employer shall provide a life insurance policy for each full-time Employee with a benefit value equal to one-hundred percent (100%) of the Employee’s regular annual salary, to a maximum of fifty thousand ($50,000). 19.8 The Employer will provide, and pay for, long-term disability insurance for each Employee. Such long-term disability insurance shall be coordinated with other benefits provided in the contract. Employees are not eligible for vacation, sick leave, and annual leave accrual while receiving Long-Term Disability payments, except for those hours the Employee appears on the payroll using accrued leave. Coverage shall also be provided to regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week. 19.9 The Employer agrees to provide optional, Employee-paid short-term disability insurance coverage for Employees on payroll twenty (20) or more hours per week. 19.10 The Employer agrees to provide a retiree health savings plan with the following specifications: 1. Benefits paid to the Employees will be limited to insurance premiums and out-of-pocket expenses determined eligible by the Internal Revenue Service. 2. The Retiree Health Savings plan will be funded with annual deposits as follows: a. Employees shall have the cash value of all vacation hours, in excess of the carryover limit (1.5 times annual accrual), deposited into the Retiree Health Savings plan. (If an Employee uses all of their earned vacation that year or their balance did not exceed the required carryover limit, no funds will be paid into the plan.) b. All Employees will have the cash value of all personal holiday hours, unused as of December 31st deposited into their Retiree Health Savings plan. 3. The Retiree Health Savings plan will be funded by the Employee’s severance pay as follows: a. Fifty percent (50%) of accrued annual leave (and personal holidays, if any balance remains) will be deposited into the Retiree Health Savings plan if the Employee is at least age fifty (50) and their annual leave balance is at least two-hundred (200) hours at the time of separation from service. If the Employee is under age fifty (50) or the annual leave balance is less than two hundred (200) hours, no funds will be paid into the plan. b. Fifty percent (50%) of accrued vacation (and personal holidays, if any balance remains) will be deposited into the Retiree Health Savings plan if the Employee is at least age fifty (50) and their annual leave balance is at least two hundred (200) hours at the time of separation from service. If the Employee is under age fifty (50) or the annual leave balance is less than two hundred (200) hours, no funds will be paid into the plan. c. Those Employees who qualify to fund the Retiree Health Savings plan with some or all of their accumulated sick leave will have deposited into the plan, at the time of separation from service, up to one-half (1/2) of any eligible accumulated sick leave, with a maximum allowance of fifty (50) days. I2, Attachment 3 Packet Page Number 157 of 211 ARTICLE 20: UNIFORMS The Employer willreimburse the Building Official up to two-hundred dollars $200.00 per year toward the cost of safety-toed boots; and shall provide and maintain all uniforms required for work. ARTICLE 21: TRAVEL AND MEAL ALLOWANCE 21.1 Excluding Employees who receive a mileage allowance, the Employer agrees to pay mileage reimbursement at the current Internal Revenue Service (IRS) approved rate to Employees, required by the Employer, to use their private vehicles for official business. 21.2 Expenses for meals, including sales tax and gratuity, will be reimbursed according to the following limits and procedures. No reimbursement will be made for alcoholic beverages. All meal reimbursements require a detailed receipt. Full reimbursements, over the maximums specified, will be authorized for all employees if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. If a detailed receipt is not provided, reimbursement will default to the per diem meal and incidental expenses as set forth in the annual General Services Administration Meals and Incidentals Expenses Table located on the internet at www.gsa.gov/mie. Seventy five percent of the per diem is allowed for travel days as set forth in that table. If less than three meals are purchased, deductions to the per diem or the meal allowance maximum will be made in the amounts as set forth in that table. If a meal is provided as part of the training, seminar, conference or other event being attended, no additional reimbursement will be allowed. Gratuity is limited to 15% of the bill. Any gratuity higher than 15% is not reimbursable and is the employees responsiblity. ARTICLE 22: PERSONNEL FILE 22.1 A copy of any material to be placed in an Employee's personnel file during the term of this Agreement shall be provided to said employee. 22.2 Material related to a disciplinary action against an employee will be removed from the Employee’s personnel file based on the following criteria: • Oral reprimands, at the request of the Employee, shall be removed from the Employee’s personnel file after one year, provided the Employee is not involved in a progressive discipline action. • Written reprimands and suspension notices shall be removed from the Employee’s personnel file after five years, provided the Employee is not involved in a progressive discipline action and no further disciplinary action has been taken. 22.3 Demotion references will be removed from the Employee’s personnel file after five years. ARTICLE 23: NONDISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" I2, Attachment 3 Packet Page Number 158 of 211 disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. ARTICLE 24: EDUCATION When funds are available as determined by the Department Head, The EMPLOYER agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as “Microsoft Word©”), upon successful completion with a “C” grade or better, seventy-five (75%) reimbursement upon completion with a “B” grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non-working hours. Part-Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 25: LEGAL DEFENSE Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under direct order of his/her supervisor, shall be reimbursed for reasonable attorney's fees and Court costs actually incurred by such Employee in defending against such charge. ARTICLE 26: REQUIRED LICENSES The City agrees to pay for licenses and certifications and renewal of same that are required by law or the City, except driver licenses. ARTICLE 27: WAGE SCHEDULE 27.1 Wage Adjustment. A general wage increase shall be provided to all positions represented by the GROUP as follows: • 2.5% effective January 1, 2017 • 2.5% effective January 1, 2018 Job Classification Ranges – (See Appendices A & B for 2017 and 2018 hourly pay rates.) The salary ranges have seven (7) steps. Employees will normally be hired at Step 1 of the pay range. Exceptions require approval by the City Manager. Employees who are promoted will move to a pay rate, which gives them an increase over their pre-promoted pay rate. Employee’s actual salaries may fall between steps. Movement within the range is based on a combination of time in position and performance. 26.2 Anniversary Increases/Performance Reviews. Employees will be eligible for a step increase once per year on their anniversary date until they reach the top salary for their respective job classification. If an Employee receives a performance rating of Does Not Meet Expectations on any of the performance competencies their step movement will be delayed until such time as they have received two consecutive satisfactory performance reviews. These will be completed by the Supervisor on a quarterly basis. Once a delayed increase is provided, the new eligibility date for pay increases for that Employee will change to the date the delayed increase went into effect. I2, Attachment 3 Packet Page Number 159 of 211 Employees who did not receive a rating below satisfactory (good) will automatically receive a five percent increase on their anniversary – unless the five percent increase would bring them above the maximum for their pay range. Unless agreed to by the Employer and the Employee no employee can be paid more than the maximum for their pay ranges. 27.2 Deferred Compensation. In addition to the above pay rates, the Employer will contribute to each full-time Employee an amount equal to three and one quarter percent (3.25%) of their regular salary to be deposited into a deferred compensation account. Regular part-time Employees who work (and are on payroll) twenty (20) or more hours per week will receive a pro-rated amount deposited into a deferred compensation account under the same conditions as full-time Employees. In order to receive the contribution to deferred comp all employees must match the contribution from the City. ARTICLE 28: SAFETY 28.1 Joint Safety The Employer and the Bargaining Group agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. 28.2: Safety Committee The Bargaining Group shall designate an employee and at least one alternate to serve on the City Labor Management Safety Committee. ARTICLE 29: WAIVER 29.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this agreement, are hereby superseded. 29.2 The parties mutually acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this agreement. 29.3 The Employer and the Collective Bargaining Group agree that the parties have now had the opportunity to fully negotiate the terms and conditions of employment as provided for pursuant to the Minnesota Public Employment Labor Relations Act. Thus, each voluntarily and unqualifiedly waives the right to meet and negotiate further during the term of this Agreement regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. I2, Attachment 3 Packet Page Number 160 of 211 ARTICLE 30: SAVINGS CLAUSE This agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this agreement shall be held to be contrary to law by a Court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this agreement shall continue in full force and effect. The voided provision shall be renegotiated at the request of either party. ARTICLE 31: DURATION This AGREEMENT shall be effective as of January 1, 2017, and shall remain in full force and effect until the thirty-first (31st) day of December 2018. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 20 . FOR THE CITY: FOR THE GROUP: ___________________________________ ___________________________________ Mayor ___________________________________ ___________________________________ City Manager ___________________________________ ___________________________________ Asst. City Manager/ Director of Human Resources I2, Attachment 3 Packet Page Number 161 of 211 APPENDIX A METRO SUPERVISORY GROUP 2017 HOURLY PAY RATES FOR JOB CLASSIFICAIONS (Effective January 1, 2017) STEP STEP STEP STEP STEP STEP STEP 1 2 3 4 5 6 7 ADMIN OFFICE SUPERVISOR 29.08 30.53 32.06 33.66 35.34 37.12 38.97 BUILDING OFFICIAL 38.94 40.88 42.93 45.08 47.32 49.69 51.67 CITY CLERK 32.51 34.14 35.84 37.64 39.52 41.50 43.57 CITIZENS SERVICES SUPERVISOR 30.74 32.30 33.89 35.58 37.35 39.25 41.18 CUSTODIAN SUPERVISOR 24.40 25.63 26.90 28.24 29.65 31.13 32.70 ECON DEV COORDINATOR 33.17 34.83 36.57 38.40 40.32 42.34 44.45 LEAD NATURALIST 27.10 28.23 29.64 31.11 32.69 34.31 36.03 LICENSE CENTER SUPERVISOR 29.08 30.53 32.06 33.66 35.34 37.12 38.97 NATURAL RESOURCES COORD 32.92 34.56 36.30 38.12 40.02 42.03 44.13 POLICE RECORDS SUPERVISOR 24.40 25.63 26.90 28.24 29.65 31.13 32.70 RECREATION COORDINATOR 24.15 25.37 26.65 27.99 29.38 30.85 32.39 RECREATION MANAGER 33.79 35.49 37.26 39.12 41.08 43.13 45.29 I2, Attachment 3 Packet Page Number 162 of 211 APPENDIX B METRO SUPERVISORY GROUP 2018 HOURLY PAY RATES FOR JOB CLASSIFICATIONS (January 1, 2108) STEP STEP STEP STEP STEP STEP STEP 1 2 3 4 5 6 7 ADMIN OFFICE SUPERVISOR 29.81 31.30 32.86 34.50 36.23 38.04 39.94 BUILDING OFFICIAL 39.91 41.90 44.00 46.21 48.51 50.93 52.96 CITY CLERK 33.33 35.00 36.74 38.58 40.51 42.54 44.66 CITIZENS SERVICES SUPERVISOR 31.51 33.11 34.73 36.47 38.28 40.23 42.21 CUSTODIAN SUPERVISOR 25.00 26.27 27.57 28.94 30.39 31.91 33.51 ECON DEV COORDINATOR 34.00 35.70 37.49 39.36 41.33 43.40 45.57 LEAD NATURALIST 27.78 28.93 30.38 31.89 33.50 35.16 36.93 LICENSE CENTER SUPERVISOR 29.81 31.30 32.86 34.50 36.23 38.04 39.94 NATURAL RESOURCES COORD 33.75 35.43 37.20 39.07 41.02 43.08 45.23 POLICE RECORDS SUPERVISOR 25.00 26.27 27.57 28.94 30.39 31.91 33.51 RECREATION COORDINATOR 24.75 26.00 27.32 28.69 30.11 31.62 33.20 RECREATION MANAGER 34.64 36.37 38.19 40.10 42.11 44.21 46.43 I2, Attachment 3 Packet Page Number 163 of 211 APPENDIX C CITY OF MAPLEWOOD ANNUAL LEAVE PROGRAM A. It is the policy of the City of Maplewood to provide paid time away from work to eligible employees. This policy is implemented by means of the Annual Leave Program, which covers all paid leave previously available under the City’s vacation and sick leave benefits. The Annual Leave Program does not include designated or personal holidays, funeral leave, military leave or court leave. With the adoption of this program, the City firmly accepts and endorses the principles of consistency, flexibility, personal responsibility, and the recognition of years of service. The traditional paid vacation and sick leave programs have been in place for many years. These programs are highly structured with extensive rules applied to their use. These rules may not provide the best “fit” for the circumstances of individual employees and their immediate and extended families. As of May 5, 2001, the Annual Leave Program replaced individual vacation and sick leave plans and combined them into a single benefit program. Annual leave is provided to all employees hired on or after that date. Employees hired prior to May 5, 2001 had the option to convert to annual leave or remain in the sick leave and vacation plans. B. Employees accrue annual leave based on length of service with the City. This means that employees all receive the same amount of paid time off, regardless of their personal or family situation. Plan provisions discourage unnecessary utilization by providing cash and savings incentives. Any sick leave or vacation time that an employee may have used under the Family and Medical Leave or Parenting Leave policies will become annual leave. The legal requirements of the time off and continuation of insurance contributions under those laws remain unchanged. (This means the City will contribute the same amounts toward health and dental insurance premiums while employees are on family and medical leave as they do under the vacation and sick leave programs.) Annual leave can be used for any reason, subject only to necessary request and approval procedures consistent with policy and labor contracts. As with all paid time off programs, we need to ensure that service to the public and work requirements are not adversely impacted. C. Medical Certification - Good attendance is an essential job function for all City employees. If unplanned absences are excessive, a doctor’s certificate may still be required. It shall state the nature and duration of the illness or injury and verify that the employee is unable to perform the duties and responsibilities of their position. A statement attesting to the employee’s ability to return to work and perform the essential functions of the job and a description of any work restrictions may also be required before the employee returns to work. (If an unplanned absence is not viewed as a problem by the employee’s supervisor, a doctor’s statement will not be required.) D. Accrual Rates - Years of Service Annual Accrual Rates 1 - 4 Years 19 days 5 - 11 Years 24 days 12 - 20 Years 29 days After 20 Years 34 days I2, Attachment 3 Packet Page Number 164 of 211 Annual leave shall not accrue during unpaid leaves. Effective January 1, 2003, regular part-time employees hired into a position that is 20 or more hours per week, shall accrue annual leave on a prorated basis based on regular hours worked. Employees who were already in regular part-time positions of at least 15 hours per week prior to January 1, 2003 shall remain eligible for pro-rated annual leave. Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. E. Sick Leave Balances: Deferred Sick Leave - Employees hired prior to May 5, 2001, who had accrued sick leave and who elected to participate in the annual leave program retained their sick leave balance to be used as “deferred sick leave” until the balance was exhausted. Deferred sick leave can be used for any doctor-certified extended leave that would have been covered under the previous sick leave policy in effect prior to adoption of the policy. An extended leave for purposes of this policy is defined as one requiring an employee to be out of work for two (2) or more consecutive days. If an employee knows they will be out for two (2) or more consecutive days before the absence, they will be eligible to use the deferred sick leave bank from the first day. For example, if an employee has a scheduled surgery where they know—in advance—they will be out for two (2) weeks, the employee will be able to use hours from their deferred sick leave bank starting on the first day of the absence. If an employee is out and expects to return within two (2) days, they will use annual leave. If the medical condition extends beyond the two (2) days, the deferred sick leave bank will be applied retroactively and any annual leave used will be restored to the annual leave balance. Once the deferred sick leave bank is exhausted, employees will use annual leave for all absences covered by the annual leave program - up to the point that disability insurance coverage goes into effect. Any deferred sick leave balance remaining when an employee leaves City service will expire unless the employee would have been eligible for sick leave as severance pay prior to electing annual leave (see Severance Pay). F. Vacation Balances - Unused vacation balances were converted to annual leave on a one-for-one basis for employees who converted from vacation/sick leave to annual leave. G. Banked Personal Holiday Hours - Employees who had banked personal holiday hours that were earned and unused prior to March,1984 had the option to cash them out at their current hourly rate during the open window period or to retain them. H. Short-Term Disability Insurance - The City adopted an optional short-term disability insurance program effective October 1, 2001. The cost of this coverage will be paid by the employee, if the employee elects coverage. For employees who elect this coverage, the benefits will begin after an employee is out for thirty (30) calendar days. The City also has a long-term disability program in place where benefits begin at ninety (90) calendar days. Short-term disability benefits cover the period from thirty (30) calendar days to ninety (90) calendar days. Employees who have deferred sick leave may use sick leave hours from the deferred sick leave bank to make up the difference between pay provided by short- and long-term disability insurance payments and their regular take-home pay. Employees without a deferred sick leave bank may use annual leave for this purpose. I. Severance Pay - Under the current vacation and sick leave programs, employees are eligible for 100% of their vacation and personal holiday balance when they leave City employment. Some employees are also eligible for 50% of their sick leave balance when they leave. Eligibility for sick leave as severance varies by group with different maximum payouts depending on the group. For some groups there are different severance pay benefits dependent upon an employee’s start date. I2, Attachment 3 Packet Page Number 165 of 211 Employees who were hired before May 5, 2001, who are now on the annual leave program, will retain their eligibility for sick leave as severance (using the remaining deferred sick leave balance) under the same conditions as were in place before they elected annual leave. For example, if an employee was eligible for 50% of their sick leave balance - up to a cap of fifty (50) days - prior to electing annual leave, they will be eligible for 50% of their deferred sick leave balance up to fifty (50) days when they leave City service. All employees who have annual leave will be eligible for 100% of their annual leave balance when they leave City service. They may receive this as cash or deferred compensation (subject to IRS regulations). J. Unpaid Leave - Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family and Medical Leave, the employee may retain a balance of forty (40) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. K. Sick Leave Conversion - There are various sick leave conversion programs in existence which cover different employee groups. Some programs vary within a particular group based on hire date. Employees who have annual leave will be able to convert some hours to cash or deferred compensation as described below. Employees who remained with the vacation and sick leave program may continue to convert sick leave and/or vacation based on programs they were eligible for prior to the adoption of annual leave (May 5, 2001). L. Annual Leave Conversion - Annual leave will be eligible for conversion to cash or deferred compensation (subject to IRS maximum deferral regulations) annually on a one-for-one basis subject to the following conditions. Up to 40% of the annual leave balance, not to exceed eighty (80) hours, may be converted each year provided the employee has used a minimum of 30% of their annual accrual during the current calendar year and has a minimum balance of at least 176 hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the employee’s current hourly rate on December 1. Conversion to cash or deferred compensation will occur in the second payroll of the following year with specific dates to be determined by the Finance Department each year. Finance will notify all employees who have annual leave in November of each year as to the dates and conversion options. The conversion will be part of regular payroll and will not be paid in a separate check. Regular rate for the purpose of this policy is the employee’s straight time rate not including overtime, pay differentials, out-of-class adjustments or any other additions to regular pay I2, Attachment 3 Packet Page Number 166 of 211 LABOR AGREEMENT BETWEEN CITY OF MAPLEWOOD AND LAW ENFORCEMENT LABOR SERVICES INC., (LOCAL 173) SERGEANTS January 1, 2017 - December 31, 2018 I2, Attachment 4 Packet Page Number 167 of 211 Table of Contents ARTICLE 1: PURPOSE OF AGREEMENT ................................................................................ 1 ARTICLE 2: RECOGNITION ...................................................................................................... 1 ARTICLE 3: DEFINITIONS ........................................................................................................ 1 ARTICLE 4: EMPLOYER SECURITY ........................................................................................ 2 ARTICLE 5: EMPLOYER AUTHORITY ...................................................................................... 2 ARTICLE 6: UNION SECURITY ................................................................................................ 2 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE.............................................. 2 ARTICLE 8: SAVINGS CLAUSE ................................................................................................ 5 ARTICLE 9: SENIORITY ............................................................................................................ 5 ARTICLE 10: DISCIPLINE ......................................................................................................... 5 ARTICLE 11: CONSTITUTIONAL PROTECTION ...................................................................... 6 ARTICLE 12: WORK SCHEDULES ........................................................................................... 6 ARTICLE 13: OVERTIME .......................................................................................................... 7 ARTICLE 14: COURT TIME ....................................................................................................... 7 ARTICLE 15: CALLBACK TIME ................................................................................................. 7 ARTICLE 16: VACATIONS/ANNUAL LEAVE ............................................................................. 8 ARTICLE 17: HOLIDAYS ........................................................................................................... 9 ARTICLE 18: SICK LEAVE ........................................................................................................ 9 ARTICLE 19: SEVERANCE PAY ..............................................................................................10 ARTICLE 20: FUNERAL LEAVE ...............................................................................................10 ARTICLE 21: INJURY ON DUTY ..............................................................................................10 ARTICLE 22: INSURANCE .......................................................................................................11 ARTICLE 23: STANDBY PAY ...................................................................................................13 ARTICLE 24: UNIFORMS .........................................................................................................13 ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE .................................................13 ARTICLE 26: FALSE ARREST .................................................................................................14 ARTICLE 27: WAIVER ..............................................................................................................14 ARTICLE 28: DURATION .........................................................................................................15 APPENDIX A ............................................................................................................................16 I2, Attachment 4 Packet Page Number 168 of 211 ARTICLE 1: PURPOSE OF AGREEMENT This Agreement is entered into between the City of Maplewood, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement’s interpretation and/or application; and 1.2 Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2: RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under state law for all police personnel in the following job classifications: Police Sergeant 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 UNION: Law Enforcement Labor Services Inc. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services Inc. (Local 173). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Maplewood Police Department. 3.5 EMPLOYER: The City of Maplewood. 3.6 CHIEF: The Chief of the Maplewood Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services Inc., (Local 173). 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. I2, Attachment 4 Packet Page Number 169 of 211 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4: EMPLOYER SECURITY The Union agrees that during the life of this Agreement that the Union will not cause, encourage, participate in, or support any strike, slow-down, or other interruption of or interference with the normal functions of the Employer. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structures; to select, direct, and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate except for those terms that are mandatory subjects of bargaining. ARTICLE 6: UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees not to enter into any additional agreements with Employees, individually or collectively concerning any terms or conditions of employment as defined by M.S. 179A.03, Subd. 19. ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. I2, Attachment 4 Packet Page Number 170 of 211 7.2 Union Representatives - The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union representatives and/or their successors when so designated as provided by 6.2 of this Agreement shall be the sole representative of the Union. 7.3 Processing of a Grievance - It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure. Step 1. An Employee claiming a violation concerning the interpretation of application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee’s supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated representative. The Employer- designated representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed in Step 3 within ten (10) calendar days following the Employer-designated representative’s final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer- designated representative shall give the Union the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. I2, Attachment 4 Packet Page Number 171 of 211 Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 4 of the grievance procedure. Any grievance not appealed in writing to step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Medication Services. 7.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decisions shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not responded to within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. 7.7 Choice of Remedy - If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of Article 7 or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. I2, Attachment 4 Packet Page Number 172 of 211 ARTICLE 8: SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9: SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment as a Sergeant with the Police Department and posted in an appropriate location. 9.2 During the probationary period a newly hired or rehired Employee may be discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned Employee may be returned to their previous position at the sole discretion of the Employer 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. Employees on layoff shall have an opportunity to return to work within two years of the time of their layoff before any new employee is hired or promoted. 9.4 Patrol Shift selection shall be based upon seniority. The bid will be done annually going into effect on January 1st. The bid will be completed by September 15 for the following year. In the event there is a reassignment or a change in patrol seniority a bid must be posted immediately and be completed in 96 hours. The bid will then go into effect 28 days after the bid has been completed. The bid must specify sets days or rotation and specify specific set hours of the shifts. 9.5 Employees may select two (2) continuous vacation periods by seniority in the fall for the following calendar year. The first choice shall be selected from a posting posted by October 1st. Such selection shall be completed by October 30th. The second choice shall be selected from a posting posted by October 31st. Such selection shall be completed by November 30th. There shall be no second choice bids until first choice bids have been completed. Employees shall bid in a timely manner. A timely manner is defined as a maximum of two of the employee’s working days after becoming eligible to bid. After November 30th, vacations shall be bid on a first-come, first-served basis. ARTICLE 10: DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspensions, demotions, and discharges will be in written form. I2, Attachment 4 Packet Page Number 173 of 211 10.3 Written reprimands, notices of suspension, and notices of discharge, which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 10.6 Grievances relating to suspensions, demotions or terminations shall be initiated by the union in Step 3 of the grievance procedure under Article 7. 10.7 The Employer will remove old disciplinary letters after five (5) years if no further discipline, above that of a verbal reprimand, has occurred within that five-year period. ARTICLE 11: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 12: WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each Employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. 12.4 Employees may voluntarily switch shifts with their Supervisor’s approval. Voluntary switching of shifts shall not obligate the Employer for overtime pay. 12.5 No employee shall have their schedule changed without the employee’s consent within 14 days. Schedule changes within 14 days will be considered mandatory and paid at an overtime rate for all hours worked. 12.6 If the schedule selected by the employer would normally cause the work week to extend past 80 hours the employer may choose to pay regular time up to 84 hours or bank hours over 80 (to 84) for use as paid time off. If the schedule requires time to be made up, the employer and union will develop a mutual understanding as how the employer I2, Attachment 4 Packet Page Number 174 of 211 will manage the shortage. Once agreed upon agreement will be placed in a memorandum of understanding. 12.7 If a shift is modified or rescheduled in lieu of some other event, i.e. training, all the hours must be used on the day actually being worked. 12.8 Open shifts within this bargaining group must be offered within the barging group prior to being filled by another bargaining group, unless the open shift is four (4) hours or less in length and the open shift became available less than 48 hours to the start of the shift. ARTICLE 13: OVERTIME 13.1 Employees will be compensated at one and one-half (1-1/2) times the employee's regular base rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Employee from so working. ARTICLE 14: COURT TIME An Employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of four (4) hours pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the Employee for the four (4) hour minimum. If employees have received notice from EMPLOYER of a specific date and time to appear in court on behalf of EMPLOYER during their scheduled off duty time, and EMPLOYER (specifically a prosecuting body) cancels said appearance with less than 36 hours notice from the time and date of such requested appearance, then employee shall receive reimbursement equivalent to the Court Time pay as provided herein, for such cancellation, upon notation on the timesheet of the employee requesting such reimbursement. Such reimbursement shall not apply to cancellation if employee has been called for multiple hearings on the same day, unless all such hearings were cancelled. In such event that multiple hearings were noticed for the same day and all were cancelled less than thirty six (36) hours prior to such hearings, then employee is still only eligible for one 4 hour reimbursement as provided above. ARTICLE 15: CALLBACK TIME An Employee who is called to duty during their scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for I2, Attachment 4 Packet Page Number 175 of 211 the two (2) hour minimum. ARTICLE 16: VACATIONS/ANNUAL LEAVE 16.1 Full-time employees who are who are not accruing annual leave shall earn vacation leave as per the following schedule: 1-4 years of service 10 working days per year 5-11 years of service 15 working days per year 12-20 years of service 20 working days per year 21 years and thereafter 25 working days per year 16.2 Employees shall be allowed to carry over a maximum of one and one-half (1-1/2) times their annual earning rate into any succeeding year. 16.3 On December 1st of each year, employees who are at the 15 day vacation accrual rate or higher, with a minimum balance of 80 hours, shall be eligible to convert up to 40 hours of unused vacation time to deferred compensation. Conversion will be at the Employers current hourly rate as of 12-01 and will be on the basis of one hour of vacation for one hour of deferred compensation pay. Actual conversion will take place in the second payroll of the following year. 16.4 The Employer and Union agree to incorporate the Annual Leave Program as adopted by the City on May 5, 2001, and as amended on September 23, 2002. Articles 16.1 through 16.3 do not apply to employees who select the Annual Leave Program. Full-time employees who are on the annual leave benefit plan shall earn annual leave as per the following schedule: Annual Leave Accrual Rates for FT employees - Years of Service Annual Accrual Rates 1 - 4 Years 19 days (152 hours per year) 5 - 11 Years 24 days (192 hours per year) 12 - 20 Years 29 days (232 hours per year) After 20 Years 34 days (272 hours per year) Annual leave will accrue on a pay-period basis (as vacation and sick leave do) for up to 62 days. Employees can carry over up to their full balance as long as the total balance never exceeds the 62-day cap. No additional accrual will occur above the cap. I2, Attachment 4 Packet Page Number 176 of 211 ARTICLE 17: HOLIDAYS 17.1 All full-time employees shall be entitled to observe the following ten (10) statutory holidays and shall be compensated at their regular pay rate for these days. Holiday hours will be made available January 1st of each year. If employment is separated the balance will be withheld by the employer based on the actual holidays earned. New Year's Day Martin Luther King's B-Day President's Day Veteran's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day These holidays shall be credited toward the normal work year as per 12.1 of the Labor Agreement. 17.2 If employees are required to work on an observed holiday (listed in 17.1), they shall be compensated at time and one half for actual hours worked on the holiday. Employees who work at least half of their assigned shift on the holiday will receive time and one half for the entire shift. Compensation shall be credited in either pay or compensatory time off. 17.3 If an employee is called to duty on their scheduled off-duty time on a statutory holiday, as defined in Article 17.1, shall receive a minimum of two (2) hours’ pay at two times the employee’s base pay rate. 17.4 In addition to the holidays listed in 17.1, all full-time employees shall receive twenty (20) hours of Personal holiday time per year. The time shall be requested off by the employee and approved by the employer. The hours must be used during the year and will not carry over to the next year. Any unused hours as of December 31st will be converted to the employee’s Retiree Health Savings Plan. ARTICLE 18: SICK LEAVE 18.1 A full-time employee who is not accruing annual leave shall accumulate sick leave at a rate of one and one-quarter (1-1/4) days per month. Accumulated sick leave shall never total more than three hundred (300) days. Actual sick leave cannot be made up by additional work shifts. 18.2 Full-time employees can convert sick leave to vacation or deferred compensation (at the Employee's current pay rate) on December 31st of any year assuming the Employee elected the conversion option at the beginning of the year and had at least 800 hours at that time. The rate of conversation will be two (2) hours of sick leave for one (1) hour of vacation or deferred compensation. Such conversion shall not exceed a total of forty-eight (48) hours of vacation or deferred compensation. The sick leave balance will be capped (frozen) on January 1 of the year the option is first elected. That balance or cap (which can be anything between 800 and 2400 hours) will remain as the cap for that Employee into the future. Employees will, however, accrue additional sick leave hours (above the cap) during the succeeding twelve months at the regular accrual rate only for purposes of conversion or use during that year. I2, Attachment 4 Packet Page Number 177 of 211 The conversion will take place on December 31st and will be limited to the 48 hours as stated above. Only hours earned in excess of the cap (January 1 through December 31) are eligible for conversion. Any additional hours accrued but unused during that year will be lost. An Employee who does not elect the conversion option will never accrue above 2400 hours. Employees who are close to, or at, 2400 hours who elect the conversion option at the beginning of a given year can accrue additional sick leave above the 2400 hours during the year only for purposes of conversion, or use, during that year. Hours accrued but unused between January 1 and December 31 of that year will then be converted to a maximum of 48 hours of vacation or deferred compensation. Any remaining balance above the cap will be lost. The employee will start the following year with no more than 2400 hours. Employees who have a sick leave cap and who retire or resign under satisfactory conditions prior to December 31 of a given year, will be eligible to convert up to 80% of sick leave accrued and unused during that year. 18.3 Article 18 does not apply to employees who accrue annual leave except as provided in the Annual Leave Program (Current Sick Leave Balance—Deferred Sick Leave and Severance Pay sections). ARTICLE 19: SEVERANCE PAY Upon retirement or termination under satisfactory conditions, after at least ten (10) years of service, the Employee shall receive one-half (1/2) of his/her accumulated sick leave upon the basis of the Employee's outgoing salary. In case of death which cannot be contributed to his/her duty, payment of one-half (1/2) of Employee's sick leave shall be paid to the Employee's beneficiary. In case of death in the line of duty, payment of the Employee's full-accumulated sick leave shall be made to the Employee's beneficiary. ARTICLE 20: FUNERAL/BEREVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be extended to a regular full-time Sergeant upon the death of a member of the immediate family of said Sergeant or his/her spouse (i.e., spouse, children, sons-in-law, daughters-in-law, grandchildren, parents, grandparents, brothers, sisters, legal guardian, or individuals who are under the Employee’s legal guardianship) for the attendance at the funeral or other demonstrated need in relation thereto. Any leave beyond one (1) day to be upon approval of the immediate supervisor. The actual time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) Eligibility for time off in accordance with this policy will be pro-rated for part-time employees. ARTICLE 21: INJURY ON DUTY Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer will be paid no more than the difference between the Employee's regular take-home pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the Employee's vacation, sick leave, or other accumulated paid benefits. I2, Attachment 4 Packet Page Number 178 of 211 ARTICLE 22: INSURANCE 2017 Health Care Costs/Contributions 22.1 For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor- Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro-rata contributions. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the City’s contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave or 12 hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the Employee’s HRA. 22.2 For all employees hired on or after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the “HDHP”) for the Medica Elect/Essential plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: I2, Attachment 4 Packet Page Number 179 of 211 i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor-Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. For newly hired employees who have successfully completed one year of employment, the contribution shall be $1800.00. iii. $2,700 annually into a HRA for those employees who elect family coverage. For newly hired employees who have successfully completed one year of employment, the contribution for family coverage shall be $2800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor-Management Wellness Committee. At the employee’s option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the Employee’s HRA. 2018 Health Care Costs/Contributions The Employer and the Employee mutually agree to re-open this contract in 2017 to negotiate 2018 health insurance costs/contributions. The re-opener is exclusive to health care. The Employer and the Employee further agrees to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the city’s expectation that a global agreement will be reached by the city’s insurance committee. In the event health insurance provision of this agreement fail to meet the requirements of the Affordable Care Act and/or any other new federal legislation; or cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will meet immediately to negotiate alternative provisions. Any changes that are presented at renewal will be discussed (and agreed to) through the Labor- Management Committee process. These benefits apply to FT employees only. 22.5 Dental, Life and Long-Term Disability Insurance – The Employer shall pay 100% of the cost of employee (single) dental insurance coverage, a $35,000 group term life insurance policy, and long-term disability insurance for regular full-time employees 22.6 The Employer will provide an IRS-125 plan for the Employee's contribution in order to permit the Employee to pay with pre-tax dollars. 22.7 Short-Term Disability Insurance – The City agrees to offer or go out for bid for short-term disability insurance coverage. Employees may elect this optional coverage at the employee’s cost. 22.8 Retiree Health Savings Plan—The City agrees to provide a retiree health savings plan with the following plan specification: 1. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement, except as stipulated for eligible severance pay in current labor agreement. I2, Attachment 4 Packet Page Number 180 of 211 2. Benefits will be limited to insurance premiums (health, dental, vision and long-term care premiums, Medicare Part B, Medicare Part D, Medicare supplements, other prescription drug insurance premiums) and out-of-pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: One-hundred percent (100%) of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is age 31 or above at the time of separation from service. 4. The RHS plan will be funded with annual deposits as follows: Employees will have the cash value of all personal holiday hours unused as of December 31st deposited into the RHS plan. ARTICLE 23: STANDBY PAY An employee placed on standby for court will be paid one-quarter (1/4) hour for each hour on standby under the following circumstances. A Lieutenant, or higher-ranking officer in the department, will set a defined period with a start and automatic ending time, but can call and cancel it earlier. The Lieutenant will decide when and if they will put an employee on standby. ARTICLE 24: UNIFORMS The Employer shall provide a contribution for required uniform and equipment items, but the contribution is not to exceed $900 per year for 2015 and 2016. Uniform balances may be carried over from year to year, not to exceed a one year amount. The Employer will reimburse Employees one-hundred percent (100%) of the cost of peace officer license renewal. ARTICLE 25: LONGEVITY AND EDUCATIONAL INCENTIVE 25.1 Effective January 1, 2011, the following terms and conditions are effective: 25.1.1 After four years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of three and one half percent (3.5%) of that Employees base pay. 25.1.2 After six years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of five and one half percent (5.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three and ½ percent (3.5%) four (4) year step set forth above. Specifically, the five and ½ percent (5.5%) is calculated on the base pay which shall not include the aforementioned three and ½ percent (3.5%) increase. 25.1.3 After eight (8) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of seven and one half percent 7.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the two steps set forth above. Specifically, the seven and ½ percent (7.5%) is calculated on the base pay which shall not include the aforementioned increases. I2, Attachment 4 Packet Page Number 181 of 211 25.1.3 After twelve (12) years of continuous employment as a Sergeant, each Employee shall be paid an additional step in pay of nine and one half percent (9.5%) of that Employees base pay. This step in pay increase shall not be cumulative and does not include the three steps set forth above. Specifically, the nine and one half percent (9.5%) is calculated on the base pay which shall not include the aforementioned increases. 25.1.4 When funds are available as determined by the Department head , The EMPLOYER agrees to pay fifty percent (50%) of the cost of tuition, books and unique software required specifically for the class ( as opposed to general software such as “Microsoft Word©”), upon successful completion with a “C” grade or better, seventy-five (75%) reimbursement upon completion with a “B” grade or better and eighty five percent (85%) reimbursement upon completion with an A grade, during the term of this AGREEMENT, on accredited course work at the vocational, undergraduate, or graduate college level which is determined by the EMPLOYER to be job related. All course work covered by this Article shall be during non-working hours. Part-Time Employees are eligible for this benefit on a prorated basis. The maximum reimbursement will be based on the per credit cost at the University of Minnesota. Employees may elect to attend a more costly school provided they pay the difference in cost. Employees must reimburse the City on a pro-rata basis if they voluntarily leave employment or are terminated for cause within thirty six (36) months of reimbursement. ARTICLE 26: FALSE ARREST The Employer shall provide and pay all premiums due on False Arrest Insurance to cover all Employees covered by this Agreement. ARTICLE 27: WAIVER 27.1 Any and all prior Agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 27.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered by this Agreement or with respect to any term or condition of employment not specifically referred to or covered by the Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. 31.3 The Union and the City agree to meet and confer to discuss possible accommodations for "qualified" disabled employees as the need arises, consistent with the intent of the Americans with Disabilities Act. I2, Attachment 4 Packet Page Number 182 of 211 ARTICLE 28: DURATION Except as herein provided, this Agreement shall be effective as of January 1, 2017, except as herein noted, and shall continue in full force and effect until December 31, 2018 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing by October 31st of the year in which modifications are desired, so as to comply with the provisions of the Public Employment Labor Relations Act of 1971 as amended. In witness whereof, the parties hereto have executed this Agreement on this _____ day of __________________________,2017 . FOR THE CITY OF MAPLEWOOD: FOR L.E.L.S. ________________________________ _____________________________ Mayor Business Agent ________________________________ _____________________________ City Manager Steward ________________________________ _____________________________ Assistant City Manager/ Director of Human Resources I2, Attachment 4 Packet Page Number 183 of 211 APPENDIX A 1. WAGE RATES Effective January 1, 2017 (2.5% increase) Start .................................................................................................................. $7,322.78 After 1 Year .................................................................................................... $7,552.37 After 2 Years ................................................................................................. $7,783.16 After 3 Years Top Sergeant Pay ..................................................................... $8,012.73 Effective January 1, 2018 (2.5% increase) Start .................................................................................................................. $7,505.85 After 1 Year .................................................................................................... $7,741.18 After 2 Years ................................................................................................. $7,977.74 After 3 Years Top Sergeant Pay ..................................................................... $8,213.05 2. DEFERRED COMPENSATION In addition to the hourly rates provided in Appendix A: Section 1, the city will contribute up to $120 per month in deferred compensation, provided the Employee agrees to match the EMPLOYER’S contribution of one hundred twenty ($120) dollars per month. The EMPLOYER agrees that if the Employee desires to contribute a lesser amount then the EMPLOYER shall match that lesser amount as well. The Employee agrees to match such contribution and have the funds deposited in a city approved deferred compensation plan. 4. INVESTIGATIVE SERGEANT/ NON-PATROL POSITIONS DIFFERENTIAL The Sergeant assigned by the Police Chief to Investigations or any non-patrol position shall receive a pay differential of six percent (6%). The differential will be based on the top sergeant pay rate. I2, Attachment 4 Packet Page Number 184 of 211 J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Andrea Sindt, City Clerk Regan Beggs, Business License Specialist DATE: May 10, 2017 SUBJECT: Consider Approval of New Corporate Officers and Establishment Manager for the Crooked Pint, 1734 Adolphus Street Introduction As required under Section 6-129 of Maplewood City Code, the City received notification on May 2, 2017 that the owners of CP Maplewood, LLC are selling all of the membership units to Alan Korpi and Tobin Korpi, effective June 1, 2017. With the closing of the transaction, Crooked Pint, located at 1734 Adolphus St will continue to be owned and operated by CP Maplewood, LLC. In addition, the City has been notified that Ross Inselman will assume the on-sale liquor license manager responsibilities for Crooked Pint. Background For the purposes of holding a liquor license in the City, a background investigation was conducted on Alan Korpi, Tobin Korpi and Ross Inselman. Nothing was identified that would prohibit these individuals from assuming their roles in operating the Crooked Pint, and engaging in the sale of on-sale intoxicating liquor. City staff will be making periodic onsite visits to ensure compliance to eliminate the sale of alcoholic beverages to underage persons, and compliance with the City’s code of ordinances. In addition, the applicants have received a copy of the City Code and have familiarized themselves with the provisions contained within it. Budget Impact None Recommendation It is recommended that the Council approve the new corporate officers (Alan Korpi and Tobin Korpi) and establishment manager (Ross Inselman) of the Crooked Pint, 1734 Adolphus Street, contingent upon completion of the business transaction set to occur on June 1, 2017. Attachments None Packet Page Number 185 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: May 15, 2017 SUBJECT: Consider Approval of a Resolution Authorizing a Wetland Buffer Variance for 2224 Woodlynn Avenue Introduction Mark Gergen is proposing to construct a new single family house on a vacant lot located at 2224 Woodlynn Avenue East. There is a Manage C wetland located on the lot. The City’s wetland ordinance requires a 50-foot wetland buffer be maintained around a Manage C wetland. No building, mowing, or grading is allowed within the buffer. Mr. Gergen’s single family house will be constructed to within 30 feet of the wetland edge, with disturbed grading for the construction of the house coming as close as 20 feet to the wetland edge. Request The applicant is requesting a 30-foot wetland buffer variance due to the fact that there is disturbed grading to within 20 feet of the wetland edge for the construction of the new single family house. Background In 2001 the City approved a lot division to create two lots with frontage on Woodlynn Avenue. The lot division deeds were not recorded with the County within one year of the City’s approval. Thus the lot division was not complete. In 2013 the City approved a lot division to create two lots with frontage on Woodlynn Avenue. On March 14, 2016, the City approved a 30-foot wetland buffer variance for a single family house to be constructed on the lot to the west at 2214 Woodlynn Avenue. Discussion State Law State law requires that variances shall only be permitted when they are found to be: 1. In harmony with the general purposes and intent of the official control; 2. Consistent with the comprehensive plan; 3. When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable J2 Packet Page Number 186 of 211 manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. City staff finds that the construction of a single family house on the vacant lot at 2224 Woodlynn Avenue East is in harmony with the City’s zoning code and comprehensive plan. The location of a Manage C wetland on the vacant lot creates a unique circumstance which was not created by the landowner. The proposed wetland buffer variance will not alter the character of the neighborhood. Maplewood Wetland Ordinance The City’s wetland ordinance states that the City may require that the applicant mitigate impacts to a wetland when approving a variance. Mitigation can include: 1. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the City before planting. 7. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150% of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Engineering Comments John DuCharme, engineering technician with the City of Maplewood, met with the applicant to discuss the grading plan for the proposed single family house. Due to concerns with the wetland buffer slope and possible erosion during construction, Mr. DuCharme recommends that the applicant install a retaining wall along the southwest corner of the house, adjacent the wetland buffer. The retaining wall would be approximately 2 to 3 feet in height and extend to approximately the center of the lot where the slopes begin to level off. J2 Packet Page Number 187 of 211 Neighborhood Comments The City of Maplewood mailed notices to property owners within 500 feet of the property, requesting feedback on the proposed wetland buffer variance. The City received four responses as follows: 1. Lloyd Rutherford, 2234 Woodlynn Avenue (telephone conversation) - Mr. Rutherford does not have concerns with the new single family house or wetland buffer variance. Rather, he was calling with concerns about the condition of his driveway. Mr. Rutherford lives in the house to the east of the vacant lot. In approximately 2007, the City installed City sewer and water utilities along the public easement located in the 2224 Woodlynn Avenue lot, adjacent Mr. Rutherford’s property. The utilities were installed for future development of the lots at 2224 and 2221 Woodlynn Avenue. Since that time the ground around the sewer line has eroded causing damage to Mr. Rutherford’s driveway. The City’s engineering department has met with Mr. Rutherford and worked out a plan to repair the driveway during construction of the new single family house. Mr. Rutherford is satisfied with that solution. 2. Roger and Carol Koskinen, 2244 Lydia Avenue (written comments) – We see deer, wild turkeys, wood chucks, ducks, fox and more coming and going from this wetland. As a society (and neighborhood) we continue to encroach on these areas of “home” for wildlife. We are not in favor of a variance the wetland buffer. Perhaps this family could design a house that would not require the buffer variance. 3. Chuck Regal, 2206 Woodlynn Avenue (e-mail comments) - I have owned and occupied the property two lots west of the proposed construction (2206) for 33 years. Back then, development to the west, mainly 2164, 2154 and 2144, caused excess water to flow past my property and nearly flood me out. Some modification on my land helped prevent flooding but it was something the city was not watching too closely. The “Manage C” wetland was not designated in those years. In fact there was a cul-de-sac on the east side of the two properties (2214, 2224) that was designated to support maybe 5 houses (properties) on top of the now defined wetland. That all changed a few short years ago, thanks to me and the watchful eye and cooperation of the city engineering dept. The previous owner of those properties attempted to fill in the “Manage C” area without the proper permits and I stopped it. The city then took over and directed the grading you now see and actually enlarged the wetland to accommodate more volume (thank you). Two years ago that area filled up half way during the spring thaw. Back in 1986, during a two day summer rain, my back yard was completely flooded with water lapping up to my sliding glass doors. I think now you get my point that the “Manage C” wetland is prominent in the security and well-being of the property @ 2206. My wish and request is that if you grant the variance to that wetland for 2224, you diligently and faithfully monitor its development to specifications to ensure it complies AND protects my property from flooding. Additionally, if there is some way (mechanism) to insure that accidental or incidental fill-in be prevented around its perimeter, now, and in the future, that would be beneficial. Our climate propensity of increased rains and storms make the need to design and engineer this wetland to the conservative side to insure my home doesn’t flood. I believe my construction is the lowest point in the relation to the wetland area. J2 Packet Page Number 188 of 211 I would like to comment: While I realize I have no valid input about the design, however there are a few of items that would further reduce impact on the wetland: a. A final decision of putting the garage on the west side would move the far SW corner of the house east, increasing the distance to the proposed buffer line. b. the building doesn’t appear to be in the center of the property with the west side 17.5 ft. from the west boundary and 26 ft. from the east. Moving it toward the center (or even further east) would increase the distance of the SW corner even further from the proposed buffer line. If 17.5 ft. was satisfactory (originally) from the west boundary maybe it would be satisfactory from the east boundary. All that’s there is a driveway, away from any other construction. c. With garage on the west, this would probably move the lower level walk-out sliding glass door to the east side of the rear, giving more walk-out space between the house and the edge of drop off of the protected area (see rear elevation). d. It appears like the front of the building is in line with 2214 which I believe enhances the back of the building distance from the protected area. e. Sometimes further development takes place after the initial building project is completed. My observation that a patio might be envisioned in front of the rear glass sliding doors at a later time and the dimensions or the construction process might encroach the perimeter of the wetland. Could that be addressed? Should a retaining wall be included at the north side of the buffer area? I am of the opinion because a similar variance was granted @ 2214, that it should have no impact on the decision at the proposed 2224 address. 2224 should be judged independently as it’s construction potentially impacts the wetland area. The back yard area is very limited and potential drop offs that are needed to protect the buffer area are significant. The location and configuration of the building is very important. I am encouraged that the city has taken this pro-active interest in this project and preserving this wetland, for aesthetic and water control reasons and for the interest in protecting my property from flooding. 4. Ester Knowlen, 2215 Woodlynn Avenue (e-mail message) – Our concerns regarding the wetland buffer: a. We had the city sewer back up into our basement this year, and though there is no proof of it having been caused by the house being built across the street, the question has been raised, since there were no issues for many years (1989 is when the house was built). Still, changing the lay of the land can have unexpected consequences b. Maplewood hasn’t been doing a great job at protecting nature around our area. Xcel Energy has taken out around 30 trees in an easement behind our townhouse, which has affected us, and we’d like to make sure the wetlands stay as they are. We do regret not having had objected to the first variance. J2 Packet Page Number 189 of 211 c. We echo concerns regarding flooding. Not sure if our units right across the street could be affected, but we’d rather be safe than sorry, since some other approved changes have not worked out in our favor, losing us some wildlife and affecting the nature around us. Mitigation Strategies Based on the findings above, staff recommends approval of the variance with mitigation strategies as outlined below: 1. Retaining Wall: To reduce impacts to the wetland, staff recommends the applicants construct a retaining wall on the southwest corner of the house, adjacent the wetland buffer. The retaining wall should extend approximately 40 feet along the wetland buffer edge, stopping near the middle of the lot where the slopes begin to level off. The retaining wall will serve as a mitigation strategy to the wetland buffer variance by decreasing the possibility of erosion and improving drainage. Additionally, the retaining wall will demarcate the buffer line where no future building, mowing, or grading can take place. 2. Wetland Buffer Restoration: a. To improve the remaining wetland buffer, staff recommends the applicant restore the buffer to native plants. b. During the Environmental and Natural Resources Commission review of the wetland buffer variance on May 15, 2017, the Commission recommended an increase in the area of the re-established wetland buffer, requiring the planting of native plants within a 25- to 50-foot area adjacent the wetland, instead of the applicant’s proposed 20- to 33.5-foot area. The new re-established wetland buffer is outlined on the attached wetland buffer plan. Commission Review May 15, 2017: The Environmental and Natural Resources Commission recommended approval of the wetland buffer variance, with an additional wetland buffer mitigation condition as outlined above. May 16, 2017: The Planning Commission held a public hearing for the wetland buffer variance. One neighbor spoke at the hearing. The Planning Commission recommended approval of the wetland buffer variance. Budget Impact None Recommendation Approve the attached resolution authorizing a 30-foot wetland buffer variance for 2224 Woodlynn Avenue East for the construction of a new single family house. Approval is based on the following reasons: J2 Packet Page Number 190 of 211 1. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2. Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality of the wetland. 3. Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: 1. Prior to issuance of a grading permit for the new single family house the applicants must submit: a. A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single family house must comply with the City’s tree preservation ordinance and tree replacement requirements. b. A grading plan which shows the location of a retaining wall to be constructed on the southwest corner of the house, adjacent the wetland buffer. The retaining wall should extend approximately 40 feet along the wetland buffer edge, stopping near the middle of the lot where the slopes begin to level off. c. A wetland buffer restoration plan to be approved by City staff. The restoration plan will reflect native plantings within a 25- to 50-foot area adjacent the wetland. d. An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 2. Prior to release of the escrow, the wetland buffer plantings must be established. Attachments 1. Reference Information 2. Aerial Photo 3. Applicants’ Letter Dated February 28, 2017 4. Site Plan 5. House Elevations 6. Wetland Buffer Plan 7. Variance Resolution J2 Packet Page Number 191 of 211 Reference Information Site Description Site size: .42 acres Existing land use: Single Family House Surrounding Land Uses North: Townhomes South: Single Family Homes West: Single Family Homes East: Single Family Homes Planning Land Use Plan designation: Single Family Residential Zoning: Single Family Residential Application Date The application for this request was considered complete on March 27, 2017. State law requires that the city decide on these applications within 60 days, or if that timeline cannot be met the City must extend the application in writing an additional 60 days. The 60-day deadline for City Council action is May 26, 2017. J2, Attachment 1 Packet Page Number 192 of 211 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division 100.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet100.0050.00 Notes Enter Map Description Legend2224 Woodlynn Avenue City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries Airports Manage C Wetland 2214 Woodlynn Ave. Wetland Buffer Variance for Single Family House Approved in 2016 2224 Woodlynn Ave. New House Proposed - Requires Wetland Buffer Variance City Outlot for Drainage J2, Attachment 2Packet Page Number 193 of 211 J2, Attachment 3 Packet Page Number 194 of 211 J2, Attachment 4 Packet Page Number 195 of 211 J2, Attachment 5Packet Page Number 196 of 211 J2, Attachment 5Packet Page Number 197 of 211 J2, Attachment 6 Packet Page Number 198 of 211 VARIANCE RESOLUTION WHEREAS, Mark Gergen applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 2224 Woodlynn Avenue East, Maplewood, MN. The property identification number is 02-29-22-11-0102. The legal description is Lot 18, Block 1, Netnorlin, Ramsey County, Minnesota. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a wetland buffer of 50 feet adjacent to Manage C wetlands. WHEREAS, the applicants are proposing to construct a single family house and grading for the house to within 20 feet of a Manage C wetland, requiring a 30-foot wetland buffer variance. WHEREAS, the history of this variance is as follows: 1. On May 15, 2017, the Environmental and Natural Resources Commission reviewed the variance and recommended approval of the wetland buffer variance to the Planning Commission and City Council. 2. On May 16, 2017, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission also considered the report and recommendation of the city staff and Environmental and Natural Resources Commission. The Planning Commission recommended approval of the wetland buffer variance to the City Council. 3. The City Council held a public meeting on May 22, 2017, to review this proposal. The City Council considered the report and recommendations of the city staff, the Environmental and Natural Resources Commission, and the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above- described variance based on the following reasons: 1. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2. Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality and wildlife habitat of the wetland. 3. Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: 1. Prior to issuance of a grading permit for the new single family house the applicants must submit: J2, Attachment 7 Packet Page Number 199 of 211 a. A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single family house must comply with the City’s tree preservation ordinance and tree replacement requirements. b. A grading plan which shows the location of a retaining wall to be constructed on the southwest corner of the house, adjacent the wetland buffer. The retaining wall should extend approximately 40 feet along the wetland buffer edge, stopping near the middle of the lot where the slopes begin to level off. c. A wetland buffer restoration plan to be approved by City staff. The restoration plan will reflect native plantings within a 25- to 50-foot area adjacent the wetland. d. An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 2. Prior to release of the escrow, the wetland buffer plantings must be established. The Maplewood City Council approved this resolution on __________________. J2, Attachment 7 Packet Page Number 200 of 211 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul Schnell, Director of Public Safety/Police Chief DATE: May 16, 2017 SUBJECT: Consider Approval of a Community Ambassadors Agreement Between the City of Maplewood and the Hallie Q. Brown Center on Behalf of the Community Ambassadors Program Introduction As was previously discussed with Council, Police and Parks Department staff seek to contract with the St. Paul-based Community Ambassadors Program based out of the non-profit Hallie Q. Brown Centter to implement a Community Ambassadors demonstration in the City of Maplewood. Staff has been working on and reviewing options for youth outreach. While we are concerned about all youth, we are specifically seeking options that allow City staff to better engage and connect with youth of color. Background Maplewood’s Parks and Recreation Department have developed a base agreement to implement a Community Ambassador demonstration project in the City of Maplewood. The Community Ambassador Program operates out of the St. Paul-based Hallie Q. Brown Center, a recognized Minnesota non-profit organization. Community Ambassadors have been successfully used in St. Paul for several years. In St. Paul, the program is collaboratively funded by the City of St. Paul Police Department and the Metropolitan Tranist Police Depament. The Maplewood demonstration project calls for deploying three 2-person Ambassador teams to the strategic locations in the City as determined by Parks and Police Department staff. The demonstration project will operate for 15 weeks – throuoghout the summer of 2017 – at a total cost of $34,560. The 2-person Ambassador teams will operate in the City during agreed upon timeframes, approximately 36 hours per week. See the detailed cost breakdown below. St. Paul’s program has resulted in improved relations between youth, police, and local businesses. Importantly, the program often reduces the need for enforcement action because of its focus on proactive engagement and problem-solving. Preliminary goals for Maplewood’s Community Ambassador Program concept include: Building and fostering community inclusion in support of the City’s racial equity efforts Providing Maplewood youth access to culturally-specific youth workers Reducing deliquency and disorderly conduct incidents in and around Maplewood’s retail corridor by proactively engaging youth who regularly visit the area To accomplish the above goals, Community Ambassadors will: Serve as liaisons with and between youth, police, City staff, and area businesses J3 Packet Page Number 201 of 211 Model and implement problem-solving despite heightened levels of distrust Assist officers, parks staff, and retailers to mediate issues or problems Refer youth and their families to culturally appropriate services, as may be needed Assist officers and other City staff in developing deepened trust and cooperation with and between youth of color and their parents On an as-requested basis, assist supervisory-level personnel debrief youth-police encounters, which escalate to the point of forcible arrest Assist officers and City staff through conversations about social, cultural, and racial dynamics that are relevant to their work Provide input to City, retailer, and community-based partner staff on meaningful strategies for meeting the needs of youth, particularly youth of color Develop and create relationships with Maplewood’s youth, especially historically underserved youth of color, through pro-social youth engagement and community- building efforts. The current concept plan calls for Community Ambassadors to give particular focus to Maplewood Parks and Ramsey County Parks located in the City of Maplewood, Maplewood Mall, the Maplewood Transit Center, the Ramsey County Library, and other locations where these liaison services could prove beneficial. As part of the project, quantitative and qualitative outcome metrics will be collected for assessment of benefit/impact. Cost Breakdown $32 per hour per person (fully burdened to include: insurance, taxes and administrative costs) $32 per hour each person @ 2 per team = $64 per hour $64 per hour per team @ 12 hours per week = $768 per week $768 per week @ 3 teams = $2,304 per week $2,304 per week @ 15 weeks = $34,560 Budget Impact As part of the police department’s 2017 budget request, the department was authorized on a one-time basis to utilize salary savings from the military deployment of a Maplewood police officer. The salary savings of $35,000.00 will be used to fund the demonstration project. Recommendation It is recommended that the City Council approve the Community Ambassadors Agreement Between the City of Maplewood and Hallie Q. Brown Center on Behalf of the Community Ambassadors Program. Attachments 1. Community Ambassadors Demonstration Agreement J3 Packet Page Number 202 of 211 1 499582v1 MA745-5 COMMUNITY AMBASSADORS DEMONSTRATION AGREEMENT This Community Ambassadors Demonstration Agreement (the “Agreement”) is made and entered into this ___ day of ______________________, 2017 by and between the city of Maplewood, a Minnesota municipal corporation (the “City"), and the Hallie Q. Brown Community Center, Inc., a Minnesota nonprofit corporation ("HQBCC"). The City and HQBCC may be referred to collectively herein as the “Parties.” RECITALS WHEREAS, the City, through the Maplewood Police Department (“MPD”), seeks to reduce youth crime and provide the City’s youth and members of the general public with an improved sense of security; and WHEREAS, HQBCC, through its Community Ambassadors Program, provides youth worker services to help reduce violence, prevent crime and intervene in disputes involving youth; and WHEREAS, HQBCC’s Community Ambassadors are specially trained youth outreach workers retained by HQBCC as independent contractors; and WHEREAS, due to the high potential for youth crime and perceived lack of safety by the general public, the City wishes to supplement its police presence throughout the City with Community Ambassadors; and WHEREAS, the City wishes to compensate HQBCC to deploy Community Ambassador teams throughout the City, and HQBCC is willing to deploy said teams, pursuant to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual promises made in this Agreement, the Parties hereby agree as follows: 1. General Scope and Intent. The intent of this Agreement is to provide for a 15‐week deployment of Community Ambassadors throughout the City in places that youths are known to congregate for the purpose of providing a visible positive presence and fostering a sense of security for youths and the general public. The Community Ambassadors are to focus on being a visible deterrent for illegal activity such as underage smoking and drinking, fighting, causing disturbances, and other threatening behaviors. The Community Ambassadors will not be deputized as law enforcement officers and will not engage in physical contact with youths or other members of the public. The Community Ambassadors will not carry weapons. 2. Term; Termination. Unless otherwise terminated in accordance with this paragraph, the term of this Agreement shall be for 15 weeks, commencing on June 5, 2017 and terminating on September 15, 2017. Either party shall have the right to terminate this Agreement at any time and for any reason by providing 10 days’ written notice of termination to the other party. Notice of termination shall be effective as of the date the notice is sent. In the event of termination, HQBCC shall only be entitled to compensation for all authorized services satisfactorily completed under the Agreement prior to the date of termination. If either J3, Attachment 1 Packet Page Number 203 of 211 2 499582v1 MA745-5 party provides notice of termination hereunder, HQBCC shall use reasonable efforts to stop providing services as soon as reasonably possible. 3. Services. HQBCC, through its Community Ambassadors Program, will provide the following services to the City: a. Community Ambassador Deployment. During the term of this Agreement, HQBCC will deploy two‐person Community Ambassador teams throughout the City. The City and the MPD shall determine the locations of deployment. If requested by the City, HQBCC will help the City identify areas in need of Community Ambassador deployment. Community Ambassador teams shall be deployed for a combined total of 36 hours per week. Accordingly, during the 15‐week contract term, Community Ambassador teams are expected to log a combined total of 540 hours of deployment throughout the City. b. Training, Coordination. HQBCC will train the Community Ambassadors prior to being deployed throughout the City and will provide them with a copy of any applicable City procedures. The Community Ambassadors will meet with City employees, including members of the MPD, and HQBCC staff to discuss expectations and responsibilities while providing services to the City. HQBCC will provide ongoing guidance and assistance to the assigned Community Ambassadors, as needed. At all times while providing services under this Agreement, Community Ambassadors shall wear a City‐approved ID badge. c. Schedule Changes. Throughout the term of this Agreement, the City may notify HQBCC of any necessary schedule changes for Community Ambassador teams at least one week in advance of the change, including for special events. The City may also contact HQBCC to request Community Ambassador teams in the event of an emergency or other unscheduled event at least 24 hours before Community Ambassador services are needed, and HQBCC shall reasonably attempt to accommodate the City’s request. Nothing in this agreement shall be construed to require HQBCC to provide Community Ambassador team deployment for more than 36 hours per week. d. Time Log/Shift Reports. Following each shift, each Community Ambassador team shall complete a Time Log/Shift Report, attached hereto as Exhibit A, describing their work during their shift. These reports shall be provided to the City to document the services performed under this Agreement. During the hours in which the Community Ambassadors are deployed pursuant to this Agreement, they may not also be performing work, whether on a paid or unpaid basis, for any other business, organization, or entity, except in their capacity as Community Ambassadors deployed by HQBCC. The City reserves the right to request, and HQBCC agrees to provide, any documentation, including financial records, necessary to ensure compliance with this section. e. HQBCC shall not permit the possession or use of intoxicating liquors or illegal drugs by HQBCC staff, Community Ambassadors, or any other agents or employees, while performing the services contained in this Agreement. J3, Attachment 1 Packet Page Number 204 of 211 3 499582v1 MA745-5 4. Responsibilities of the City. a. Members of the MPD will meet with HQBCC staff and the Community Ambassadors to discuss expectations and responsibilities while working throughout the City under this Agreement. The City will continue to exercise its authority to police the community and respond to calls for assistance from members of the general public. 5. Compensation; Payment Schedule. a. Compensation. For providing the services described in this Agreement, the City shall pay HQBCC a total of $34,560.00. This compensation shall cover all of HQBCC’s services, including administration costs and any other necessary expenses. In the event of termination under paragraph 2 of this Agreement, HQBCC shall only be entitled to partial compensation, determined by using a rate of $64.00/hour per two‐person Community Ambassador team, and shall refund the City any moneys paid in excess of said partial compensation. b. Payment Schedule. The City shall pay one half of the total compensation, or $17,280.00, to HQBCC on or before June 5, 2017. The remaining $17,280.00 shall be paid to HQBCC on or before July 24, 2017. HQBCC shall not be entitled to compensation for work found by the City to be unsatisfactory, work performed in violation of this Agreement, or work performed in violation of federal, state or local law, ordinance, rule or regulation. 6. Record‐Keeping; Audits. a. Record‐Keeping. HQBCC shall maintain books, records, documents and other evidence directly pertinent to performance of services under this Agreement in accordance with generally accepted accounting principles and practices, including payrolls, time records, invoices, receipts, and vouchers. These books, records, documents, and data shall be retained for at least six years after the term of the Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case HQBCC agrees to maintain them until the City and any of its duly authorized representatives have disposed of the litigation or claims. b. Audits. As required by Minnesota Statutes, section 16C.05, the records, books, documents, and accounting procedures and practices of HQBCC relating to work performed pursuant to this Agreement shall be subject to audit and examination by the City and the Legislative Auditor or State Auditor. HQBCC shall permit the City or its designee to inspect, copy, and audit its accounts, records, and business documents at any time during regular business hours, as they may relate to the this Agreement. Audits conducted by the City under this provision shall be in accordance with generally accepted auditing standards. Financial adjustments resulting from any audit by the City shall be paid in full within thirty days of HQBCC's receipt of audit. J3, Attachment 1 Packet Page Number 205 of 211 4 499582v1 MA745-5 7. Indemnification. HQBCC agrees that it will hold harmless, indemnify and defend the City, its officials, employees, and agents against any and all claims, expenses, and liabilities incurred, including reasonable attorneys’ fees, arising out of, or in any way related to, the acts or omissions of HQBCC, its staff, agents, or contractors, in furtherance of its responsibilities under this Agreement. Nothing in this Agreement, including this provision, shall be deemed as a waiver of any statutory immunities or liability limits available to the Parties under law. 8. Insurance. a. During the entire term of this Agreement, HQBCC shall: (1) obtain and maintain general liability and professional liability policies with per occurrence limits of not less than $1,000,000 and a general aggregate policy limit of not less than $2,000,000, naming the City as an additional insured on such policies; (2) obtain and maintain business automobile coverage for liability arising out of the operation, maintenance or use of any automobile, whether owned, non‐owned, rented or leased, with a combined single limit of not less than $1,000,000; and (3) comply with all applicable laws with respect to obtaining and maintaining workers’ compensation insurance. b. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or non‐renewed, except after 30 days' prior written notice has been given to the City. Additionally, each policy shall be endorsed to state that the insurer agrees to waive all rights of subrogation against the City, its members, agents and employees, for losses arising out of the performance of this Agreement. c. In addition to notifying its insurer(s) in accordance with the applicable policy, HQBCC shall provide prompt written notice to the City as soon as reasonably possible of any accident or loss relating to services performed pursuant to this Agreement. d. HQBCC shall furnish the City with certificates of insurance and with copies of endorsements evidencing the coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City prior to any services being performed hereunder. The City reserves the right to require complete, certified copies of all required insurance policies at any time. e. The City does not represent in any way that the insurance requirements specified in this Agreement, whether in scope of coverage or limits, is adequate or sufficient to protect HQBCC's business or interests. It is the sole responsibility of HQBCC to determine the need for and to procure additional coverage that may be needed in connection with this Agreement. Furthermore, the procuring of such required policy or policies of insurance shall not be construed to limit HQBCC's liability under this Agreement nor to fulfill the indemnification provisions and requirements of this Agreement. J3, Attachment 1 Packet Page Number 206 of 211 5 499582v1 MA745-5 9. Non‐Discrimination. HQBCC will take affirmative action to ensure that applicants are selected, and that employees are treated during employment, without regard to their race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability or age. 10. Modifications. Any modifications of the provisions of this Agreement shall be valid only if they are in writing and signed by authorized representatives of both Parties. 11. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of the Agreement. 12. Compliance with Law. In the performance of its obligations pursuant to this Agreement, HQBCC agrees to comply with all applicable federal, state, and local laws, regulations and directives. HQBCC shall monitor its agents, subcontractors, independent contractors, and employees for the purposes of ensuring compliance with all applicable laws. 13. Non‐Assignment. HQBCC, through its Community Ambassadors Program, shall perform all services required under this Agreement and shall not assign, subcontract, sublet, or transfer any of its obligations without receiving the express written consent of the City. 14. Choice of Law. This Agreement shall be governed by and construed according to the laws of the state of Minnesota. Venue for all legal proceedings arising out of this Agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Independent Contractor. a. All services provided pursuant to this Agreement by HQBCC and its employees, agents, subcontractors, and independent contractors, including Community Ambassadors, are provided to the City on an independent contractor basis. HQBCC’s employees, agents, subcontractors, and independent contractors, including Community Ambassadors, shall not be considered employees of the City. This Agreement shall not be constructed as a legal partnership. b. HQBCC shall be solely responsible for the satisfactory work performance of all of its employees, agents, subcontractors, and independent contractors, including Community Ambassadors, in performing the services contained herein. HQBCC shall also be solely responsible for payment of all wages, benefits, and other costs of its employees, agents, subcontractors, and independent contractors, including Community Ambassadors. HQBCC acknowledges that the City will not provide HQBCC’s employees, agents, subcontractors, and independent contractors, including Community Ambassadors, any wages or benefits of any type in connection with this Agreement, including but not limited to, health or medical insurance, workers’ compensation insurance and unemployment, nor will the City withhold any state or federal taxes, including income or payroll taxes and social security taxes, which may be payable by any of these individuals. J3, Attachment 1 Packet Page Number 207 of 211 6 499582v1 MA745-5 c. HQBCC shall comply with the requirements of employee liability, workers' compensation, unemployment or reemployment insurance, and Social Security, as applicable to its operations. HQBCC shall have in effect personnel policies that conform to all applicable federal, state and local laws. 16. Data Practices. By entering into this Agreement, HQBCC acknowledges that it will obtain certain government data, as defined and governed by the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13, (the “Act”). HQBCC agrees to comply with the requirements of the Act in its handling and dissemination of government data in its possession. HQBCC shall immediately notify the City if it receives a request under the Act related to this Agreement or any obligations outlined by this Agreement. 17. Entire Agreement; Amendments. This Agreement constitutes the entire Agreement between the Parties, and no other agreement prior to or contemporaneous with this Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both Parties. 18. Severability. Should any part or portion of this Agreement be deemed illegal or non‐binding by a court of law, the remainder of the Agreement shall remain in effect. 19. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which, when taken together, constitute the same instrument. 20. Notice. Any written notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: The City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 Attn: City Manager HQBCC: Hallie Q. Brown Community Center, Inc. 270 North Kent Street St. Paul, MN 55102 Attn: _________________ [remainder of page left intentionally blank] J3, Attachment 1 Packet Page Number 208 of 211 7 499582v1 MA745-5 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers representatives on the dates set forth below. THE CITY: By: Nora Slawik Its: Mayor Date: ____/____/_______ By: Melinda Coleman Its: City Manager Date: ____/____/_______ J3, Attachment 1 Packet Page Number 209 of 211 8 499582v1 MA745-5 HQBCC: By: Its: Date: ____/____/_______ J3, Attachment 1 Packet Page Number 210 of 211 A‐1 499582v1 MA745-5 Exhibit A Time Log/Shift Report Name Name Shift Date Arrival Time End Time Total Hours Number of Contacts Location(s) Activities J3, Attachment 1 Packet Page Number 211 of 211