CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA

July 9, 2018, 7:00 PM

A. CALL TO ORDER

B. ROLL CALL

C. OPENING PRAYER - PASTOR CATHERINE HOOKER, NEW BEGINNINGS CHURCH OFGOD

D. PLEDGE OF ALLEGIANCE - COUNCILWOMAN SANDRA LANDBECK

E. APPROVAL OF CONSENT AGENDA - NONE

F. APPROVAL OF MINUTES

F.1. Council Minutes for June 25, 2018

G. STATEMENT OF CLOSED MEETING - NONE

H. PRESENTATIONS

H.1. Status of Rock Glenn Multi-Purpose Fields - Kathy Burley, Harford County Government, Directorof Parks & RecreationRock Glenn Park.pdf

I. PUBLIC HEARINGS

I.1. Ordinance No. 18-O-20, Retirement Benefit Plan [2nd meeting]Ordinance No. 18-O-20, Retirement Benefit Plan.pdf

J. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council

K. LEGISLATIVE SESSION 1

K.1. Ordinance No. 18-O-15, Revision of City's Procurement Policy (For Adoption) [3rd meeting]Ordinance No. 18-O-15, Revision of City's Procurement Policy.pdf

K.2. Ordinance No. 18-O-17, Amendments to City's Personnel Policy Manual (2) (For Adoption) [3rdmeeting]Ordinance No 18-O-17, Amendments to City's Personnel Policy Manual (2).pdf

K.3. Ordinance No.; 18-O-18, Amendment to City's Personnel Policy Manual Sick Leave Provisions(For Adoption) [3rd meeting]Ordinance No. 18-O-18, Amendments to City's Personnel Policy Manual Sick LeaveProvisions.pdf

K.4. Ordinance No. 18-O-19, Trash and Recycling (For Adoption) [3rd meeting]Ordinance No. 18-O-19, Trash and Recycling.pdf

K.5. Resolution No. 18-R-02, New Employee Residence Incentive Policy (For Adoption) [4th meeting]Resolution No. 18-R-02, New Employee Residence Incentive Policy.pdf

K.6. Amendments to Resolution No. 18-R-02, New Employee Tax IncentiveAmendments to Resolution No. 18-R-02.pdf

L. UNFINISHED BUSINESS - NONE

M. NEW BUSINESS - NONE

N. UPDATES FROM CITY MANAGER AND STAFF

N.1. City Manager Briefing

N.2. Discussion of Sidewalks on W. Bel Air Avenue

N.3. Cooperative Purchasing Contract - Street SweeperSuggested Action: Informational Purposes only - DPW often seeks cooperativepurchasing contracts to obtain savings to the City through procurement. Multiple agenciesare allowed to piggyback onto a competitive bid contract that was not, itself, a party to heoriginal solicitation and contract award. The National Joint Powers Alliance (NJPA)Contract was awarded to Federal Signal Corp who manufactures the Elgin Sweepers. Ourauthorized vendor for the purchase is Maryland Industrial Trucks located in Baltimore. Inthis case, the City will be procuring a sweeper under the mechanism Aberdeen Whirlwind Quote.pdfAcceptance and Award-Federal Signal 122017_0.pdf

N.4. Aberdeen Façade Improvement Program Application for Phase II Improvements to 102 N. RogersStreet (For Discussion)Suggested Action: No ActionAberdeen Facade Improvement Application - Art and Ann Helton 102 N. Rogers Street PhaseII.pdf 2

O. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council.

P. BUSINESS OF MAYOR AND COUNCIL

Q. ANNOUNCEMENTS

Q.1. Work Session, Monday, July 23, 5:30 PM, 2nd Flr. Adm. Conference Room (tentative)Council Meeting, Monday, July 23, 7 PM, Council ChambersCop With A Cone, APD & Chick-fil-A in Aberdeen, Tues., July 24, & Aug. 21, 2:30-3:30 PM,Ages Pre-K to 12th gradePlanning Commission Meeting, Wednesday, August 8, 7 PM, Council ChambersAberdeen Farmer's Market, Thursdays, May-October, 4-7 PM, Festival Park

R. CLOSED MEETING

R.1. Statutory Authority to Close Session, General Provisions Article, §3-305 (b) (3) to consider theacquisition of real property for a public purpose and matters directly related thereto. Topic: consider acquisition of real property. Reason for closed session discussion of topic: to protectCouncil deliberative process. Written Statement for Closing a Meeting 7-9-18.pdf

S. ADJOURNMENT

Under Md. Code Ann., General Provisions Article §3-305(b), all or any portion of public meetings aresubject to closure.

3

Rock Glenn Park

4

Rock Glenn Park Timeline History

FY14 – Property purchased by Harford County

FY15 – Property transferred to City of Aberdeen

Future FY19 (fall) –

Engineering for park design to begin

FY20 – Park build out to begin

5

Rock Glenn Concept Plan

6

Dollars & Cents

Acquisition – $1.2 million

Engineering - $100,000

Construction - $800,000

Acquisition - $200,000

Construction - $400,000 (CPP?)

County Funds City of Aberdeen Funds

Acquisition – $638,000 (POS)

$362,000 (CPP)

State Funds

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COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-20

Date Introduced: June 25, 2018 Sponsored By: Councilman Melvin T. Taylor and Councilwoman Sandra J. Landbeck Public Hearing: July 9, 2018 Amendments Adopted: Date Adopted: Date Effective: AN ORDINANCE concerning

RETIREE BENEFIT PLAN 1 2 FOR the purpose of adopting a certain Retiree Benefit Plan to provide health and welfare 3

benefits to eligible retirees and, in certain instances, their eligible survivors and dependents; 4 and generally related to post-employment benefits for certain retired City employees. 5

6 SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 7

ABERDEEN that the City of Aberdeen, Maryland Retiree Benefit Plan 8 dated June, 2018, attached to this Ordinance is adopted. 9

10 SECTION 2. AND BE IT FURTHER ENACTED BY THE COUNCIL OF THE 11

CITY OF ABERDEEN that this Ordinance shall become effective at the expiration of twenty 12 (20) calendar days following adoption. 13

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 2 of 14

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________

Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman

______________________________________

Sandra J. Landbeck, Councilwoman

______________________________________

Timothy W. Lindecamp, Councilman

______________________________________ Melvin T. Taylor, Councilman

ATTEST: SEAL:

_________________________________ Monica A. Correll, City Clerk

Date ____________________________

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 3 of 14

1 2 3 4 5 6 7 8

CITY OF ABERDEEN, MARYLAND 9 RETIREE BENEFIT PLAN 10

11 JUNE, 2018 12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

40

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 4 of 14 1

2 CITY OF ABERDEEN, MARYLAND 3

RETIREE BENEFIT PLAN 4 5 6

TABLE OF CONTENTS 7 8

9 10 ARTICLE I PURPOSE .......................................................................................................... 1 11 12 ARTICLE II DEFINITIONS .................................................................................................. 1 13 14 ARTICLE III PARTICIPATION ............................................................................................. 3 15 16 ARTICLE IV ELECTIONS AND FUNDING ....................................................................... 4 17 18 ARTICLE V ADMINISTRATION ........................................................................................ 5 19 20 ARTICLE VI MISCELLANEOUS .......................................................................................... 7 21 22 ARTICLE VII PROTECTED HEALTH INFORMATION .................................................... 8 23 24 25

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 5 of 14

CITY OF ABERDEEN, MARYLAND 1 RETIREE BENEFIT PLAN 2

3 4 ARTICLE I: PURPOSE 5 6 The purpose of this Plan is to provide health and welfare benefits to Eligible 7 Retirees and, in certain instances, their Eligible Survivors and Dependents pursuant to 8 specified insurance policies, contracts and self-funding agreements and in accordance with 9 policies established from time to time by the City of Aberdeen, Maryland City Council. 10 11 12 ARTICLE II: DEFINITIONS 13 14 Whenever used herein, the following terms have the meanings set forth below 15 unless a different meaning is clearly required by the context. 16 17 2.01 Benefits Effective Date: The first day of the month following the date an 18 Eligible Retiree Retires From Employment with the City after meeting the requirements 19 for eligibility to participate in this Plan. 20 21 2.02 City: City of Aberdeen, Maryland, a municipality duly organized and 22 existing under the laws of the State of Maryland. 23 24 2.03 Code: The Internal Revenue Code of 1986, as amended, and its regulations. 25 26 2.04 Covered Retiree: An Eligible Retiree who elects to participate in the Plan. 27 28 2.05 Covered Survivor: An Eligible Survivor who elects to participate in the Plan. 29 30 2.06 Election: The choice by a Covered Retiree or Covered Survivor to enroll in 31 one or more of the Group Programs. 32 33 2.07 Eligible Dependents: Eligible Dependents are a Covered Retiree’s: 34 35 (a) Legal spouse, as recognized by the laws of the State of Maryland; 36 37 (b) Any other person who qualifies as a dependent under the terms of a 38 Group Programs. 39 40 2.08 Eligible Retiree: A former employee of the City who: 41 42

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 6 of 14 (a) Was covered under the City’s group health insurance program at the time of 1 termination of employment; and 2 3 (b) Was classified by the City as a full-time, active employee in accordance with 4 the City’s personnel rules in effect from time to time at the time of termination of 5 employment; and 6 7 (c) (i) In the case of a participant in the City of Aberdeen Police Department 8 Retirement Plan, completed 25 years of service as defined under the City of Aberdeen 9 Police Department Retirement Plan; or 10 11 (ii) In the case of a participant in the City of Aberdeen Defined Benefit 12 Pension Plan, terminated employment at normal retirement age, as defined in the City of 13 Aberdeen Defined Benefit Pension Plan; or 14 15 (iii) In the case of participant in the City of Aberdeen Defined 16 Contribution Plan, terminate employment after 20 years of service, as defined in the City 17 of Aberdeen Defined Contribution Plan, and have reached at least age 50 for law 18 enforcement employees, or age 55 for non-law enforcement employees. 19 20 2.09 Eligible Survivor: An Eligible Dependent of a Covered Retiree who was 21 covered under the Plan at the time of a Covered Retiree’s death. 22 23 2.10 Group Health Plans: Self funded benefit plans and group insurance policies 24 and contracts issued to the City to provide medical, hospitalization and prescription drug 25 coverage for Covered Retirees, Covered Survivors and their Eligible Dependents who 26 participate in the Plan and for which the City and/or the Covered Retiree and the Covered 27 Survivor pay premiums. 28 29 2.11 Group Life Insurance Plan: Self funded benefit plans and group insurance 30 policies and contracts issued to the City to life insurance coverage to Covered Retirees, 31 who participate in the Plan and for which the City pays premiums. 32 33 2.12 Group Programs: Self funded benefit plans and group insurance policies 34 and contracts issued to the City to provide health and welfare benefits and life insurance 35 benefits for Covered Retirees, Covered Survivors and their Eligible Dependents who 36 participate in the Plan and for which the City and, for certain programs, the Covered 37 Retiree and the Covered Survivor pay premiums. 38 39 2.13 Group Providers: The companies that issue and/or administer the Group 40 Programs. 41 42

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 7 of 14 2.14 Participant: Any Covered Retiree, Covered Survivor or Eligible Dependent 1 who participates in the Plan in accordance with Article III. 2 3 2.15 Period of Coverage: The Plan Year except for a new or requalifying 4 Participant who satisfies the participation requirements of Article III after the first day of a 5 Plan Year, in which case the Period of Coverage shall be the time period commencing on 6 the Benefits Effective Date and ending on the last day of the Plan Year. 7 8 2.16 Plan: The City of Aberdeen Retiree Benefit Plan as set forth herein, and as 9 amended from time to time. 10 11 2.17 Plan Year: The 12 month period beginning on July 1 and ending on the 12 following June 30. 13 14 2.18 Retires From Employment: An individual’s termination from employment 15 with the City at a time when the individual is an Eligible Retiree. 16 17 2.18 Trust: The City of Aberdeen Non-Pension Post Employment Benefits Trust 18 Agreement. 19 20 21 ARTICLE III: PARTICIPATION 22 23 3.01 Commencement of Participation: A Covered Retiree will become eligible for 24 participation in the Plan on the Benefits Effective Date. The City may require that a 25 Covered Retiree and Eligible Dependent complete enrollment prior to commencement of 26 participation in the Plan. 27 28 3.02 Termination of Participation: For Covered Retirees, Covered Survivors and 29 Dependents, participation in and coverage under the Group Programs ends on the date 30 provided under each of the individual Programs, or, where applicable, upon failure of the 31 Participant to pay premiums, as applicable. Furthermore, a Covered Retiree and the 32 Covered Retiree’s Eligible Dependent’s coverage under the Group Health Plan will end 33 when the Covered Retiree or Eligible Dependent reach age 65 or otherwise become 34 enrolled in Medicare, unless the Covered Retiree retired under the City of Aberdeen 35 Defined Benefit Pension Plan. 36 37 3.03 Continuation of Coverage: Eligible Survivors and Dependents will continue 38 to be eligible for a Group Health Plan following the death of the Covered Retiree if the 39 Eligible Survivor and Dependents were Participants in a Group Program at the time of the 40 Covered Retiree’s death. In addition, the Consolidated Omnibus Budget Reconciliation 41 Act of 1986 (“COBRA”) requires that a Participant’s family be given the opportunity to 42

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 8 of 14 continue coverage, if eligible, under certain Group Health Plans when there is a 1 “qualifying event” that would result in a loss of coverage under the Group Health Plan. 2 Qualifying events include the Participant’s death, divorce or legal separation from the 3 Participant’s spouse, a dependent Child ceasing to be an eligible dependent or the 4 Participant becoming enrolled in Medicare. The individual Group Programs will dictate 5 the rights, if any, to continued coverage. 6 7 ARTICLE IV: ELECTIONS AND FUNDING 8 9 4.01 Election Procedure: An Eligible Retiree may elect to participate in and 10 receive benefits under this Plan by giving notice to the City in a form acceptable to the 11 City. The Election must be received by the City prior to the first day of the applicable 12 Period of Coverage. Elections automatically terminate on the date on which the 13 Participant ceases to be a Covered Retiree. 14 15 4.02 Plan Funding Policy: Premiums and other contributions for the Group 16 Programs may be paid from the assets of the Trust. Premium payments for some 17 Programs may require contributions by the Participant as well as the City. No Participant 18 shall have any claim against, right to, or interest in the Trust. In the event that the City or 19 the Trustee of the Trust for any reason fails to pay premiums for, or otherwise implement 20 the Group Programs for Participants, the sole liability of the City shall be limited to the 21 amount of premiums otherwise payable. The City shall not be responsible for any losses 22 to Participants or dependents for such failure beyond the amount of such premiums or 23 contributions. 24 25

4.03 Benefits: The Plan provides Participants (Covered Retirees, Covered 26 Survivors and, with respect to certain benefits, their Eligible Dependents) with one or 27 more of the following Group Programs through various Group Providers: 28

• Health Plans 29

• Prescription Drug Plans 30

• Life Insurance Plans 31

The City shall have no responsibility for the payment of benefits other than payments for 32 benefits provided through Group Programs that are not fully insured; benefits under all 33 other Group Programs are payable solely by the Group Provider pursuant to the Group 34 Programs. The City shall be responsible for the payment of the Employer’s share and the 35 transmission of the Participants’ share of the premiums for fully insured programs Group 36 Programs. The Group Provider will have the sole responsibility to pay all valid benefit 37 claims. All claims for benefits shall be filed with the Group Provider, which has the sole 38 right to determine what benefits are payable under the terms of the insurance policies. 39

40 15

Ordinance No. 18-O-20 Retiree Benefit Plan Page 9 of 14

4.04 Nondiscrimination: Each benefit provided by the City that is a self-insured 1 medical expense reimbursement plan as described in Section 105(h) of the Code shall 2 comply with the nondiscrimination requirements of Section 105(h) of the Code and 3 Treasury Regulation section 1.105-11. 4

5 4.05 Participant’s and Survivor’s Responsibilities: Each Participant and Survivor 6

shall be responsible for providing the City with the Participant’s, Survivor’s and each 7 Dependent’s current address. Any notices required or permitted to be given hereunder 8 shall be deemed given if directed to such address and mailed by regular United States 9 mail. The City shall have no obligation or duty to locate a Participant. 10 11 12 ARTICLE V: ADMINISTRATION 13 14 5.01 Delegation of Duties: The City may delegate in writing its duties under the 15 Plan to one or more officers or employees or to individuals or entities independent of the 16 City. 17 18 5.02 Powers of the City: The City shall have all powers which are necessary to 19 administer the Plan, including but not limited to the following: 20 21 (a) To interpret the provisions of the Plan and decide questions of 22 eligibility to participate. In the event that the provisions of any Group Program conflict 23 with or contradict the provisions of this document or any other Group Program, the City 24 shall use its discretion to interpret the terms and purpose of the Plan so as to resolve any 25 conflict or contradiction. However, the terms of this document may not enlarge the rights 26 of a Participant, Dependent or beneficiary to benefits available under any Group Program. 27 28 (b) To establish rules and prescribe any forms necessary or desirable for 29 the administration of the Plan. 30 31 5.03 Actions of the City: The City shall have all other powers necessary or 32 desirable to administer the Plan, including, but not limited to, the following: 33 34

(a) To prescribe procedures to be followed by Participants in making 35 elections under the Plan and in filing claims under the Plan; 36 37

(b) To prepare and distribute information explaining the Plan to 38 Participants; 39 40

(c) To receive from Participants and beneficiaries such information as 41 shall be necessary for the proper administration of the Plan; 42

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 10 of 14 1

(d) To keep records of elections, claims, disbursements for claims under 2 the Plan, and any other information required by the Health Insurance Portability and 3 Accountability Act of 1996 (“HIPAA”) or the Code; 4 5

(e) To appoint individuals or committees to assist in the administration 6 of the Plan and to engage any other agents it deems advisable; 7 8

(f) To purchase any insurance deemed necessary for providing benefits 9 under the Plan; 10 11

(g) To accept, modify or reject Participant elections under the Plan; 12 13

(h) To promulgate election forms and claim forms to be used by 14 Participants; 15 16

(i) To prepare and file any reports or returns with respect to the Plan 17 required by the Code or any other laws; 18 19

(j) To determine and announce any Participant contributions required 20 hereunder; 21 22

(k) To determine and enforce any limits on benefits elected hereunder; 23 24

(l) To take such action as may be necessary to cause the payroll 25 deduction of any Participant contributions required hereunder; and 26 27

(m) To correct errors and to make equitable adjustments for mistakes 28 made in the administration of the Plan; specifically, and without limitation, to recover 29 erroneous overpayments made from the Plan to a Participant or beneficiary, in whatever 30 manner the City determines is appropriate, including suspensions or recoupment of, or 31 offsets against, future payments due that Participant or beneficiary. 32 33 5.04 Claims Procedures: The City has delegated claims administration to the 34 Group Providers. The claims procedure governing the Group Program will govern an 35 individual claim for benefits under that Group Program. 36 37 5.05 Notification of Eligibility: Upon becoming eligible to participate in the Plan, 38 all Eligible Retirees will be notified of the availability and terms and conditions of the Plan. 39 Upon the Plan being amended or changed, the City will promptly notify all Plan 40 Participants. 41 42

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 11 of 14 5.06 Delegation of Duties: The City may delegate responsibilities for the 1 operation and administration of the Plan, may designate fiduciaries other than those 2 named in the Plan, and may allocate or reallocate fiduciary responsibilities under the Plan. 3 4 5.07 Indemnification: The City shall indemnify each person to whom 5 responsibility is delegated or assigned under this Plan and every other person who is 6 made, or threatened to be made a party to any action, suit or proceeding, including 7 administrative and investigatory proceedings, by reason of his or her service in a fiduciary 8 capacity to the Plan to the fullest extent allowable by law. 9 10 5.08 Fiduciary Duties and Responsibilities: Each Plan fiduciary shall discharge 11 his or her duties with respect to the Plan solely in the interest of the Participants and their 12 Eligible Dependents for the exclusive purpose of providing benefits to such individuals 13 and defraying reasonable expenses of administering the Plan and in accordance with the 14 terms of the Plan. Each fiduciary, in carrying out such duties, shall act with the care, skill, 15 prudence and diligence under the circumstances then prevailing that a prudent man 16 acting in a like capacity and familiar with such matters would use in exercising such 17 authority. A fiduciary may serve in more than one fiduciary capacity. A fiduciary shall 18 not be liable for any act or omission of any other party to the extent that (a) such 19 responsibility was properly allocated to such other party as a named fiduciary, or (b) such 20 other party has been properly designated to carry out such responsibility pursuant to the 21 procedures set forth above. 22 23 5.09 Inclusion in Taxable Income: The City will take reasonable steps to identify 24 individuals who receive benefits under the Plan but do not qualify as dependents under 25 Section 152 of the Code. The City will include in the taxable income of Participants 26 imputed income relating to the participation in the Plan of any such individuals. 27

28 ARTICLE VI: MISCELLANEOUS 29

30 6.01 Amendment and Termination: The City expects and intends to maintain the 31 Plan indefinitely, but may amend or terminate the Plan at any time by a duly adopted 32 resolution of the City Council. Unless otherwise specifically provided, amendments shall 33 be only prospective in impact. 34 35 6.02 Certificate of Creditable Coverage: The Health Insurance Portability and 36 Accountability Act of 1996 requires that, if a Participant terminates coverage under a 37 group health plan that the Participant be provided with a Certificate of Creditable 38 Coverage. A Certificate of Creditable Coverage is a written document that shows the 39 type of coverage the Participant previously had under a group health plan and how 40 long that coverage lasted. The Certificate of Creditable Coverage applies to all 41 individuals who were covered under the group health plan (the Participant, the 42

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 12 of 14 Participant’s legal spouse and the Participant’s eligible Dependents). Without evidence 1 of creditable coverage, individuals may be subject to a preexisting condition exclusion 2 for 12 months (18 months for late enrollees) after enrolling in new health coverage. The 3 Plan will provide Participants and/or their legal spouse and eligible Dependents with a 4 Certificate of Creditable Coverage, upon request, if such request is made within 24 5 months after coverage under this Plan terminates. 6 7 6.03 Applicable Law: This Plan shall be construed and enforced according to the 8 laws of the State of Maryland, other than its laws respecting choice of law, to the extent 9 not preempted by any federal law. 10 11

ARTICLE VII: PROTECTED HEALTH INFORMATION 12 13 7.01 Use and Disclosure; Definitions: The Plan will use protected health 14 information only to the extent of and in accordance with the uses and disclosures 15 permitted by HIPAA, specifically, for purposes related to health care treatment, payment 16 for health care and health care operations. 17 18

(a) “Payment” includes activities undertaken by the Plan to obtain 19 premiums or determine or fulfill its responsibility for coverage and provision of Plan 20 benefits that relate to an individual to whom health care is provided. 21 22

(b) “Health care operations” include, but are not limited to, quality 23 assessment, Retiree and dependent population-based activities relating to improving 24 health or reducing the cost of health care, protocol development, rating health care 25 provider and plan performance, underwriting, premium rating and other activities 26 relating to the creation, renewal or replacement of a contract of health insurance or health 27 benefits, business planning and development, including conducting cost-management and 28 planning-related analyses related to managing and operating the Plan, including 29 formulary development and administration, development or improvement of payment 30 methods or coverage. 31 32 7.02 Covenants of the City: With respect to protected health information, the 33 City agrees to: 34 35

(a) Not use or further disclose protected health information other than as 36 permitted or required by the Plan or as required by law; 37 38

(b) Ensure that any agents, including a subcontractor, to whom the City 39 provides protected health information received from the Plan agree to the same 40 restrictions and conditions that apply to the City with respect to such protected health 41 information; 42

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Ordinance No. 18-O-20 Retiree Benefit Plan Page 13 of 14 1

(c) Not use or disclose protected health information for employment-2 related actions and decisions unless authorized by an individual; 3 4

(d) Not use or disclose protected health information in connection with 5 any other Retiree benefit plan sponsored by the City unless authorized by an individual; 6 7

(e) Report to the Plan any unauthorized or improper protected health 8 information use or disclosure of which it is aware, as soon as it becomes aware; 9 10

(f) Make protected health information available to an individual in 11 accordance with HIPAA’s access requirements; 12 13

(g) Make protected health information available for amendment by an 14 individual and incorporate any amendments to protected health information in 15 accordance with HIPAA; 16 17

(h) Make available the information required to provide an accounting of 18 disclosures; 19 20

(i) Make internal practices, books and records relating to the use and 21 disclosure of protected health information received from the Plan available to the United 22 States Health and Human Services Secretary for the purposes of determining the Plan’s 23 compliance with HIPAA; and 24 25

(j) If feasible, return or destroy all protected health information received 26 from the Plan that the City still maintains in any form, and retain no copies of the 27 protected health information when no longer needed for the purpose for which disclosure 28 was made. Alternatively, if return or destruction is not feasible, limit further uses and 29 disclosures to those purposes that make the return or destruction infeasible. 30 31 7.04 Separation between Plan and City: In accordance with HIPAA, only 32 persons designated as HIPAA officers may be given access to protected health 33 information. 34 35 7.05 Limitation on Access to Protected Health Information: The persons 36 designated as HIPAA officers may only have access to and use and disclose protected 37 health information for Plan administration functions that the City performs for the Plan. 38 39 7.06 Noncompliance: If the persons described in Section 7.04 do not comply with 40 this Plan, the City shall provide a mechanism for resolving issues of noncompliance, 41 including disciplinary actions. 42

43 20

Ordinance No. 18-O-20 Retiree Benefit Plan Page 14 of 14 1 2

IN WITNESS WHEREOF, the undersigned do hereby set their hands and seals as 3

of the __________ day of ___________________________________________, _____________. 4

5 6 7 COUNCIL OF THE CITY OF ABERDEEN 8 9 10 11 _______________________________________ 12 13 14 _______________________________________ 15 16 17 _______________________________________ 18 19 20 _______________________________________ 21 22 23 _______________________________________ 24 25 26 27 28 29 30 31 2284849 32 33 34

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COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-15

Date Introduced: June 4, 2018 Sponsored By: Councilwoman Sandra J. Landbeck and Councilman Melvin T. Taylor Public Hearing: June 25, 2018 Amendments Adopted: Date Adopted: Date Effective: AN ORDINANCE concerning 1 2

REVISION OF CITY’S PROCUREMENT POLICY 3 4 FOR the purpose of adopting a revision of the City of Aberdeen Procurement Policy Purchasing 5 Guidelines; and matters generally related to revisions to the City’s Procurement Policy 6 Purchasing Guidelines. 7

8 EXPLANATORY STATEMENT: Pursuant to Ordinance No. 16-O-23, the City 9 Council adopted a procurement policy to govern the procurement of goods and services for the 10 City. The City Council has determined that the City’s procurement policy should be revised to be 11 in compliance with Federal Regulations on procurements for federal grants, as stipulated in the 12 procurement standards section of the OMB Uniform Grant Guidance. The City Council also has 13 determined that additional revisions to the City’s procurement policy are desirable. Now, 14 therefore, 15 16 SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 17 ABERDEEN that the “City of Aberdeen PROCUREMENT POLICY Purchasing Guidelines” 18 attached to this Ordinance is adopted in the place and stead of the City’s procurement policy 19 adopted pursuant to Ordinance No. 16-O-23, to be effective as of July 1, 2018. 20 21 SECTION 2: AND BE IT FURTHER ENACTED BY THE COUNCIL OF THE 22 CITY OF ABERDEEN that this Ordinance shall become effective twenty (20) calendar days 23 following its adoption. 24 25 ADOPTED this __________ day of ________________, 2018. 26

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Ordinance No. 18-O-15 Revision of City’s Procurement Policy Page 2 of 16

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________

Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman

______________________________________

Sandra J. Landbeck, Councilwoman

______________________________________

Timothy W. Lindecamp, Councilman

______________________________________ Melvin T. Taylor, Councilman

ATTEST: SEAL:

___________________________________ Monica A. Correll, City Clerk

Date _______________________________

23

Ordinance No. 18-O-15 Revision of City’s Procurement Policy Page 3 of 16

PROCUREMENT POLICY | Purchasing Guidelines

City of Aberdeen PROCUREMENT POLICY

Purchasing Guidelines

Effective Date: 7/01/2018

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Ordinance No. 18-O-15 Revision of City’s Procurement Policy Page 4 of 16

PROCUREMENT POLICY | Purchasing Guidelines

Table of Contents PURPOSE ........................................................................................................................................................................ 5

OBJECTIVES .................................................................................................................................................................... 5

SCOPE ............................................................................................................................................................................ 5

COST THRESHOLDS ........................................................................................................................................................ 5

USE ANTICIPATED COST ................................................................................................................................................. 6

NO BID SPLITTING .......................................................................................................................................................... 6

NO PURCHASE SPLITTING .............................................................................................................................................. 6

COSTS TO INCLUDE ........................................................................................................................................................ 6

INCLUDE TOTAL QUANTITY NEEDED ......................................................................................................................... 6

MULTIPHASE PROGRAMS .......................................................................................................................................... 6

TYPES OF PURCHASING TRANSACTIONS ....................................................................................................................... 6

PURCHASING AUTHORITY .............................................................................................................................................. 7

PURCHASING GUIDELINES ............................................................................................................................................. 7

Vendor relations ........................................................................................................................................................ 7

Local preference. ....................................................................................................................................................... 8

Multi-year contracts .................................................................................................................................................. 8

Minority Business Enterprise/Small Business Enterprise…………………………………………………………………………………. …6

PURCHASING AND PAYMENT ........................................................................................................................................ 8

Purchase Orders ........................................................................................................................................................ 8

Purchase Order Requirements .................................................................................................................................. 9

PROCUREMENT PROCEDURES ....................................................................................................................................... 9

For goods and services NOT related to construction: ............................................................................................... 9

For goods and services related to construction: ..................................................................................................... 10

FORMAL BID PROCESS ................................................................................................................................................. 10

Exceptions ............................................................................................................................................................... 13

CANCELLATIONS .......................................................................................................................................................... 14

WRITTEN CERTIFICATION............................................................................................................................................. 14

TERMS .......................................................................................................................................................................... 14

RECYCLING OR COMPOST ............................................................................................................................................ 15

RECEIVING OF GOODS/EQUIPMENT ............................................................................................................................ 15

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PROCUREMENT POLICY | Purchasing Guidelines

PURPOSE This document is intended to direct the purchase of goods and services in a timely manner and at a reasonable cost. An open, fair, documented, and competitive process is to be used whenever reasonable and possible. The purchasing function’s integrity, efficiency, and effectiveness are critical elements of sound government.

OBJECTIVES The objectives of the City’s purchasing program are as follows:

To provide a uniform system to obtain supplies, materials, equipment, and services in an efficient and timely manner;

To facilitate responsibility and accountability with the use of City resources; To ensure equal opportunity and competition among suppliers and contractors; To promote effective relationships and clear communication between the City and its suppliers

and contractors; To comply with the comprehensive State procurement statutes which govern expenditures of

public funds; To obtain the maximum benefit from every tax dollar spent.

SCOPE These guidelines apply to the purchases of

Supplies, materials, and equipment Professional services (Construction and Non-Construction) Non-professional services Public works projects

COST THRESHOLDS The following summarized thresholds apply to requisitions and purchase orders:

Up to $5,000 (Non-construction) – No competitive pricing at the Buyer’s discretion

$5,001-10,000 (Non-construction) – At least two written or oral quotes

$10,001-25,000 (Non-construction) – At least three written quotes

$25,001 and greater (Non-construction) – Formal competitive bidding (Advertised) process, as well as advertisement on eMaryland Marketplace or any other web based e-Procurement alternative the City deems fit

Construction up to $50,000 – At least three written quotes

Construction greater than $50,000 – Formal competitive bidding (Advertised) process

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USE ANTICIPATED COST The anticipated annual need for a good or service (when it can reasonably be projected) shall be used to determine the cost of that good or service, and thus which contract approval level, cost threshold, and other related purchasing requirements apply.

NO BID SPLITTING Requirements shall not be divided to come up with a lower total cost to avoid contract approval levels or competition requirements. If one item being purchased requires another item to “make a whole”, the total accumulated costs of the two items (when they can reasonably be projected) should be considered together to determine which approval level and cost threshold apply, unless the two items are not available from a single supplier.

NO PURCHASE SPLITTING Requirements for an aggregate purchase shall not be broken down into several purchases that are less than the applicable threshold merely to permit the use of simplified acquisition procedures or to avoid any requirement that applies to purchases exceeding a threshold.

COSTS TO INCLUDE Include costs such as freight, and installation charges when determining which cost threshold applies. Do not include the value of a trade-in. (Trade-in value should be considered, however, to determine the lowest bid when competitive bidding is used.)

INCLUDE TOTAL QUANTITY NEEDED Requirements for the total quantity of an item (when they can reasonably be projected) should be considered when determining which cost threshold and related purchasing requirements apply.

MULTIPHASE PROGRAMS If a project is to be completed in phases, the total accumulated cost for all phases should be considered when determining which cost threshold applies.

TYPES OF PURCHASING TRANSACTIONS There are many types of purchasing transactions in the City. This policy relates primarily to the ones below:

Goods: Goods include tangible goods, supplies, equipment, vehicles, materials, printing, and insurance. If goods and services are combined in one contract, the requirements for a general services contract apply.

Services: o General services o Professional services contracts

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Public works contracts: Infrastructure projects, financed and constructed by the government, for recreational, employment, and health and safety uses in the community.

PURCHASING AUTHORITY The City Manager is authorized to enter into and sign on behalf of the city for contract types listed below, except where approval of the City Council is required, in which case the Mayor shall be the signatory on the contract. At the discretion of the City Manager, any contract may be submitted to the City Council for its approval.

Goods and services contracts. A purchase or contract for goods or services if funds have been approved and appropriated in the budget by the City Council. The City Manager may enter into change orders or amendments, which cumulatively do not exceed 20% of the original contract price.

Professional services contracts. A purchase or contract for professional services if funds have been approved and appropriated by the City Council in the budget. The City Manager may also enter into change orders or amendments, which cumulatively do not exceed 20% of the original contract price.

o Professional services will include all telephone, gas, water, sewer, surveying, inspection, engineering, construction management, electric light and power service; towel and cleaning service; insurance; leases for all grounds, buildings, offices or other space required by the using agencies; and the rental, repair or maintenance of equipment, machinery and other city owned personal property. The term shall include professional and other contractual services which are in their nature unique and not governed by this policy.

o If applicable, the City will advertise for letters of interest and statement of qualifications for any proposed project.

o If applicable, the Review Committee will review and evaluate letters of interest, statements of qualification and appropriate forms.

The City Manager is authorized to sign contracts for goods or services if funds have been approved and appropriated by the City Council in the budget.

If funds have not been appropriated in the budget, City Council approval must be obtained.

PURCHASING GUIDELINES Vendor relations City employees will conduct all purchasing functions in a professional manner and shall promote equal opportunity and fairness in all vendor relations.

Ethics and standards of behavior: All purchasing functions shall be conducted impartially to assure fair competitive access by responsible vendors. In addition, public employees should conduct themselves in a manner that will foster public confidence in the procurement process.

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Local preference. Purchasing goods and services from local vendors is desired because it stimulates the local economy and recognizes that our local vendors are valued members of the community. If factors such as quality, previous performance, and availability are equal among vendors, a vendor whose business is located in the City of Aberdeen should be actively considered for award of a contract if their quote or bid is within 5% of the low bid.

Multi-year contracts A contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and renewal provisions are included in the original solicitation process. Adequate funds must be available to fulfill the first fiscal year’s obligation at the time of contract executions. Subsequent years’ appropriations are subject to authorization by the City Council and availability and appropriation of funds.

Minority Business Enterprise/Small Business Enterprise If at all feasible, the Procurement Officer shall solicit bids or offers from certified minority and small business enterprises. The Maryland Department of Transportation (MDOT) administers the certification programs for both the State of Maryland Minority Business Enterprise (MBE) Program, as well as the Federal Disadvantaged Business Enterprise (DBE) Program. Maryland has a combined comprehensive certification program to ensure that only those businesses owned and controlled by socially and economically disadvantaged individuals participate in both programs. Details and a directory of certified firms can be accessed on the MDOT website.

PURCHASING AND PAYMENT Purchase Orders

1) Purchase orders (PO) represent a commitment related to unperformed contracts for goods and services between a city department and a vendor. When a PO is executed, the Accounts Payable Technician enters the information into the accounting system and creates an “encumbrance” against the line-item budget identified in the PO. The use of encumbrance accounting is a critical element of budgetary control in governmental accounting systems and serves three distinct purposes:

a. Provides a written contract between the City of Aberdeen and a vendor. b. Decreases the available budget by an amount equal to the PO. This procedure lessens

the chance of overspending a line-item budget. c. At the end of the fiscal year, unexpended encumbrances are added to the next fiscal

year’s line item budget so that sufficient budget is available to meet the prior fiscal year’s commitments. Encumbrances without any activity for a period of one year will be released at the end of the fiscal year (with prior departmental notification).

2) A Purchase E-requisition is needed under the following circumstances: a. Professional service contracts b. Equipment purchases c. Monthly maintenance contracts

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d. Public Works contracts 3) Preparing purchase orders is the responsibility of the Procurement Officer. Before a PO is

generated, an approved Purchase E-requisition is needed. The E-requisition provides the relevant information required to prepare the PO.

4) When an invoice is received against a PO, indicate the PO number on the invoice. This action will ensure the invoice payment will be deducted from the outstanding encumbrance associated with the PO.

5) Emergency Purchases: a. If the request is for a project that was not included in the approved budget, attach a

copy of the City Council approval. Include the account that should be encumbered. b. If funding needs to be transferred from one or more accounts, indicate the account

where expenditures were originally budgeted. Finance will prepare the budget revision form to transfer the funds at the same time the purchase order is prepared.

Purchase Order Requirements • $1,000 or less – Purchase orders are NOT required. The Department Supervisor must

approve the purchase, initial, and note account number directly on the invoice. • $1,001 - $5,000 – Require Department Supervisor and Department Head pre-approval

and signature. • $5,001 and up – Require Department Supervisor, Department Head, and City Manager’s

pre-approval and signature. Regular and recurring purchases that exceed the $1,000 purchase order threshold may be submitted for review by submitting an E-requisition with justification to the Procurement Officer and Director of Finance. If approved, these purchases will be allowed for requests that total $3,000 or less.

A blanket purchase order, not to exceed the appropriated annual amount, may be generated for recurring expenses, such as but not limited to office supplies for the fiscal year. Once the line items are identified, the Purchase Order will route through the approval process. This process will require Supervisor, Department and City Manager approval based on the dollar amount.

PROCUREMENT PROCEDURES For goods and services NOT related to construction: All requests for purchases up to $5,000 may be obtained without competitive prices if the

Finance Department determines the price to be fair and reasonable. In the event the Finance Department deems the price to be excessive, it may require the use of oral quotations from suppliers.

For a procurement between $5,000 and $10,000; City shall seek written or oral quotations from

no fewer than two entities providing the required supplies or services. The Procurement Officer shall record the names and addresses of all the entities from whom quotations were sought, the names of the persons submitting quotations and the date and the amount of each quotation. The Procurement Officer shall award the contract to the responsive and responsible entity

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offering the needed quality, quantity, delivery and performance of the supply or services at the lowest quotation. Contract award is contingent upon funds approval and availability as well as the need for council approval.

For a procurement between $10,001 and $25,000; the City shall seek written quotations from

no fewer than three entities if at all feasible, providing the required supplies or services. The Procurement Officer shall record the names and addresses of all the entities from whom quotations were sought, the names of the persons submitting quotations and the date and the amount of each quotation. The Procurement Officer shall award the contract to the responsive and responsible entity offering the needed quality, quantity, delivery and performance of the supply or services at the lowest quotation.

For a procurement exceeding $25,000, the City shall use a formal competitive bid/proposal process as detailed in the section titled “Formal Bid Process” below.

For goods and services related to construction: For a construction procurement less than $50,000; the Procurement Officer shall seek written (formal) quotations from no fewer than three entities providing the required supplies or services. The Procurement Officer shall record the names and addresses of all the entities from whom quotations were sought, the names of the persons submitting quotations and the date and the amount of each quotation. The Procurement Officer shall award the contract to the responsive and responsible entity offering the needed quality, quantity, delivery and performance of the supply or services at the lowest quotation.

For purposes of this document, construction means the process of building, altering, improving, or demolishing any structure, building, or other improvement to real property.

Construction DOES NOT include the maintenance or routine operation of an existing improvement to real property.

For a procurement over $50,000, the City shall use a formal competitive bid/proposal process as detailed in the section titled “Formal Bid Process”

FORMAL BID PROCESS The Procurement Officer shall issue an invitation for bids (IFB) or request for proposals (RFP) which shall include:

Where, when, and for how long invitations for bids may be obtained;

The time and date for receipt of bids/proposals, the address of the office to which bids are to be delivered, the closing date for acceptance of bids by the City, and the date of bid opening;

A description of the item(s) or service(s) required and all evaluation criteria that will be utilized in the decision making process;

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A public notice of the invitation for bids that shall:

o Include the time and date for receipt of bids, the address of the office to which bids are to be delivered, the maximum time for bid acceptance by the City of Aberdeen,

o Indicate where, when and how invitations for bids may be obtained,

o Describe the supply or service desired and all evaluation criteria to be utilized,

o State if approval is subject to any board, committee or Council,

o Contain a disclaimer reserving the right to reject any and/or all bids and waive irregularities and noncompliance with bid solicitation requirements,

o Reserve the right to seek clarification of bids and to negotiate a best and final price for one or more bids,

o Remain posted for at least two weeks in a conspicuous place and the City’s website,

o Be published for a minimum of two weeks prior to the time specified for the receipt of bids in a newspaper of general circulation,

o Be posted on the City’s website and eMaryland Marketplace (eMM) or other e-Procurement site for a minimum of two weeks.

The invitation for bids may incorporate documents by reference; provided, however, that the invitation for bids specifies where prospective bidders may obtain the documents. The Procurement Officer shall make copies of the invitation for bids available to all persons on an equal basis.

The Procurement Officer shall give public notice of the invitation for bids a reasonable time prior to the date for the opening bids.

The invitation for bids, requests for proposals, or other solicitations for a term exceeding one year, including a renewal, shall state:

o The amount of supplies or services required for the proposed contract period, and whether such amount is an estimate or the actual amount required,

o That the bidder shall give a unit price for each supply or service, and that the unit price shall remain constant throughout the contract, or if the contract allows for price adjustments, and if so, how,

o When a contract contains an option for renewal or extension, the solicitation shall include notice of the provision, including the discretion of exercising the option. The City shall not exercise an option for renewal, extension or purchase unless the Procurement Officer, after reasonable investigation of costs and benefits, has determined in writing that the exercise of the option is more advantageous than alternate means of procuring comparable supplies or services.

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The Procurement Officer or designee shall open the bids publicly at the time and place advertised in the solicitation. There will be no less than three (2) witnesses during bid opening. In addition to the Procurement Officer, one (1) other responsible party will be on site. This will likely be the Department Head/designee that is making the purchase. This group will be known as the Review Committee.

A statement listing the bidders, amounts of bids and attendees of the bid opening shall be filed with the contract.

A formal bid opening is not required for a request for proposal (RFP), but all responses shall be documented and reviewed to determine if they meet the requirements for consideration. Proposals not meeting the requirements shall be returned to the responder.

The Procurement Officer and/or Review Committee shall evaluate bids and proposals based solely on the requirements and criteria set forth in the IFB or RFP. Such criteria shall include the standards by which the Procurement Officer will determine acceptability as to quality, workmanship, results of inspections and tests, the suitability for a particular purpose and delivery. The City Manager shall award the contract to the bidder whose bid is determined to be in the best interests of the City. A contract requiring payment to the City shall be awarded to the highest responsible and responsive bidder.

The Procurement Officer and/or Review Committee shall evaluate bids and proposals based solely on the requirements and criteria set forth in the request for proposals (RFP). Such criteria may include: company experience, personnel expertise, project understanding, comparable project experience, technical approach, availability, estimated timeline, proposed cost and other established requirements. The City Manager shall award the contract to the responsible and responsive bidder offering the best value based on the evaluation of technical and cost proposals.

The Procurement Officer shall unconditionally accept a bid without alteration or correction, except as provided in this paragraph. A bidder may correct, modify, or withdraw a bid by written notice prior to the time and date set forth in the bid document. A mistake can be corrected subsequent to the opening only if the intent of the mistake is clearly evident and the Procurement Officer is in agreement. After bid opening, a bidder may not change the price or any other provision of the bid in a manner prejudicial to the interests of the City of Aberdeen or fair competition. The Procurement Officer shall waive minor informalities or allow the bidder to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the Procurement Officer shall correct the mistake to reflect the intended correct bid and so notify the bidder in writing, and the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident.

The City Manager shall award the contract by written notice to the successful bidder within the time for acceptance as specified in the invitation for bids. The time for acceptance may be extended up to 45 days by mutual agreement between the City of Aberdeen and the apparent successful bidder.

If the City Manager awards the contract to an offeror who did not submit the lowest price, the City Manager shall explain the reasons for the award in writing, specifying in reasonable detail the basis for

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determining that the quality of supplies or services under the contract will not exceed the City of Aberdeen’s actual needs.

Exceptions

For sole source; the City Manager may award a contract without competition when, after reasonable investigation, the City Manager, in concert with the Procurement Officer and appropriate department head determines in writing that only one practicable source for the required supply or service exists, except that this does not include construction, or when a particular vendor provides unique services or has industry experience or expertise that other vendors do not possess.

The Procurement Officer shall record all sole source procurements specifying each contractor’s name, the amount and type of each contract, a listing of supplies or services procured under each contract and the basis of determination that the contractor was the only practicable source for the required supply or service.

If only one responsive bid or acceptable offer is received in response to a solicitation, an award may be made to the bidder or offeror if the Procurement Officer determines that the price submitted is fair and reasonable, and that the other vendors had a reasonable opportunity to respond.

The Procurement Officer may procure without competition from a regulated industry i.e. gas, electricity, sewer, or telephone if the Procurement Officer certifies in writing that only one practicable source exists.

For Emergency; whenever the time required to comply with procurement requirements would endanger the health or safety of people or property, the City Manager may make an emergency procurement. An emergency procurement shall be limited to only supplies or services necessary to meet the emergency and shall conform to this procurement policy to the extent practicable under the circumstances.

The Procurement Officer shall record all emergency procurements specifying each contractor’s name, the amount, and type of each contract, a listing of supplies or services procured under each emergency contract and the basis of determination of the need for an emergency contract.

The Procurement Officer shall submit a copy of this record at the earliest possible time to the Mayor, City Manager, Council, Director of Finance, and City Clerk.

For the Public Good; whenever the time required to comply with procurement requirements would not otherwise benefit the public good, the City Manager may make a procurement. Procurement under this exemption shall be limited to only supplies or services necessary to meet this situation, shall conform to the procurement requirements to the extent practicable under the circumstances and be documented for the purpose and basis.

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Contract Scope Expansion; whenever additional services or work is required after the completion of an existing contract and it is in the best interest of the City to have continuity on a particular project, a contract scope expansion may be approved by the City Manager if the additional services or work costs the lesser of $25,000 or twenty-five percent (25%) of the original contract price.

Cooperative Purchasing; whenever additional goods or services are purchased in cooperation with other jurisdictions or are acquired by utilizing (“piggybacking”) other jurisdiction’s contracts, such as, State of Maryland, Harford County, etc. or regional/national contracts such as Baltimore Region Cooperative Purchasing Committee (BRCPC), U.S. Communities, GSA, etc.

Specialized professional services; The service of attorneys, physicians, CPA’s, consultants, or other similar types of professional services that are not normally subject to competitive bidding, shall be engaged by the using agency and approved by the City Manager.

Independent Contractors; whenever City staff is augmented by an independent contractor, the need must by justified and approved by Human Resources and a personnel services contract must be executed.

CANCELLATIONS The Procurement Officer or designee may cancel an invitation for bids, a request for proposals, or other solicitation, or may reject in whole or in part any and all bids or proposals when the Procurement Officer determines that cancellation or rejection serves the best interests of the City. The Procurement Officer shall state in writing the reason for a cancellation or rejection.

WRITTEN CERTIFICATION A person submitting a bid or a proposal for the procurement of supplies or services to the City shall certify in writing that he certifies under penalties of perjury that the bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word person shall mean any entity, organization or group of individuals.

TERMS The City may enter into a contract term of no more than five (5) years, including renewals, for any contract for professional services. The City may enter into a contract for any period of time which serves the best interests of the City, for professional services that include equipment capitalization costs, for bond related purchases or property leases. All leases must be approved as stipulated in the City charter and/or bylaws.

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The City may increase the quantity of supplies or services, or both in a contract when;

The unit price remains the same or is less,

An increase is necessary to fulfill the actual needs of the government body and is more economical and practical than awarding another contract, the Procurement Officer shall document their findings,

The parties agree to the increase in writing; and

The increase in the total contract price does not exceed 25 percent but a contract for the purchase of gasoline, special fuel, fuel oil, road salt or other ice and snow control supplies shall not be subject to this limit; and

The City, with the agreement of the contractor, may reduce the unit price for supplies or services or both specified in a contract to be paid by the City at any time during the term of the contract or when an option to renew, extend or purchase is exercised.

RECYCLING OR COMPOST As for contracts for the recycling or composting of solid waste or the treatment, composting or disposal of sewage, septage or sludge authorized under the provisions of this procurement policy, the City of Aberdeen may negotiate modifications and amendments to contracts for;

(1) recycling services involving the addition of materials to be collected or processed,

(2) the deletion of materials to be collected or processed,

(3) the change in specifications with respect to materials to be collected or processed, and

(4) any price adjustments related to such modifications and amendments, where the contract is for a term of two years, or more, and

(5) where such changes are based upon changes in market conditions since the commencement of the contract provided:

a. after reasonable investigation of costs and benefits, the Procurement Officer has determined in writing that such a modification is in the best interest of the City of Aberdeen, and

b. where the modification involves the addition of materials and an increase in price to the City of Aberdeen, the Procurement Officer or Designee has determined in writing that the amendment is more advantageous than alternate means of procuring such services.

RECEIVING OF GOODS/EQUIPMENT Inspections and testing

The ordering Department shall inspect and/or test all goods upon receipt (or services upon completion), to assure conformance with the specifications set forth in the order. If a product is determined to be

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unusable, or not what was ordered, the Department shall reject it and return it to the vendor as the vendor directs, and at the vendor’s expense, for credit or replacement.

Acceptance

When goods have been received or a project has been completed to the satisfaction of the ordering Department and the specifications, the packing slip, and/or completion documentation shall be signed-off by the employee receiving or inspecting. Information to be noted on the documents must include, at a minimum, the employee’s signature and a legible rendering of their name and date of receipt/completion. The employee signing must note on the receiving documents any deviation from the exact ordering specifications.

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COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-17

Date Introduced: June 4, 2018 Sponsored By: Councilman Steven E. Goodin and Councilman Timothy W. Lindecamp Amendments Adopted: Public Hearing: June 25, 2018 Date Adopted: Date Effective:

AN ORDINANCE concerning 1 2

AMENDMENTS TO CITY’S PERSONNEL POLICY MANUAL (2) 3 4 FOR the purpose of amending certain provisions in the Personnel Policy Manual for the City of 5 Aberdeen; and matters generally related to revisions to the City’s Personnel Policy Manual. 6

7 BY repealing and re-enacting, with amendments 8 Chapter 1. GENERAL 9

Driver Requirements 10 City of Aberdeen Personnel Policy Manual 11 12 BY repealing and re-enacting, with amendments 13 Chapter 3. RECRUITMENT AND PROMOTION 14

Anti-Nepotism 15 City of Aberdeen Personnel Policy Manual 16 17 BY repealing and re-enacting, with amendments 18 Chapter 6. ATTENDANCE AND LEAVE 19

Rest Breaks, Vacation Leave, Personal Leave, Bereavement Leave, Inclement Weather 20 Policy and Modified Duty 21

City of Aberdeen Personnel Policy Manual 22 23 BY repealing and re-enacting, with amendments 24 Chapter 7. OTHER EMPLOYEE BENEFITS 25

Take Home Vehicle 26 City of Aberdeen Personnel Policy Manual 27

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BY repealing and re-enacting, with amendments 1 Chapter 8. DISCIPLINE 2

Misconduct Subject to Disciplinary Action and Specific Disciplinary Action for Pattern 3 of Excessive Absenteeism 4

City of Aberdeen Personnel Policy Manual 5 6 7

EXPLANATION: 8 CAPITALS INDICATE MATTER ADDED TO EXISTING LAW 9 ((Double Parenthesis)) indicate matter deleted from existing law. 10 Underlining indicates amendments to bill. 11 Strike-Out indicates matter stricken from bill by amendment or deleted 12 from the law by amendment. 13 * * * indicates existing unmodified text omitted from Ordinance 14

15 16 SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 17 ABERDEEN that “Driver Requirements” provisions of the City of Aberdeen Personnel Policy 18 Manual, Chapter 1. GENERAL, are repealed and reenacted, with amendments, to read as follows: 19 20

CHAPTER 1. GENERAL 21 22 Driver Requirements 23

* * * 24

New Hires –Human Resources will stipulate to all new candidates for employment (via 25 letters to final candidate whose position requires them to drive a City vehicle) that the 26 offer is contingent on the candidate having a valid ((MD)) drivers’ license (verified by 27 HR) or submitting a certified copy of their driver’s record to Human Resources for 28 review. The candidate may submit proof of payment to Human Resources for 29 reimbursement of the cost of the certified driver’s record. The job offer may be 30 withdrawn if the driver’s record reflects the following: 31 32

* * * 33 34 SECTION 2: AND BE IT FURTHER ENACTED that “Anti-Nepotism” provisions of 35 the City of Aberdeen Personnel Policy Manual, Chapter 3. RECRUITMENT AND 36 PROMOTION, are repealed and reenacted, with amendments, to read as follows: 37

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1 CHAPTER 3. RECRUITMENT AND PROMOTION 2

3 Anti-Nepotism 4 5 The City shall not (a) hire a relative of a Council member, City Manager or Department Head; or 6 (b) hire any individual if the hiring would result in two or more relatives employed within the 7 same department, unless the City Manager finds that the employment is in the best interests of the 8 City due to exceptional training, education or ability. 9 10 Relative shall mean father, mother, brother, sister, husband, wife, son, daughter, nephew, niece, 11 aunt, uncle, son-in-law, daughter-in-law, brother-in-law, sister-in-law, DOMESTIC PARTNER, 12 first cousin or resident of the same household. 13 14 SECTION 3: AND BE IT FURTHER ENACTED that “Rest Breaks”, “Vacation 15 Leave”, “Personal Leave”, “Bereavement Leave”, “Inclement Weather Policy” and “Modified 16 Duty” provisions of the City of Aberdeen Personnel Policy Manual, Chapter 6. ATTENDANCE 17 AND LEAVE, are repealed and reenacted, with amendments, to read as follows: 18 19

CHAPTER 6. ATTENDANCE AND LEAVE 20 21 Rest Breaks 22 23 Employees are entitled to a rest break equivalent to 15 minutes for each four hours of work, based 24 on operational requirements. This time is for any/all breaks and is not in addition to instances, 25 such as “smoke breaks”, OR OTHER BREAKS FOR ELECTRONIC SMOKING. The time of 26 the rest breaks, usually mid-morning and mid-afternoon, shall be determined by the employee’s 27 immediate supervisor and are not accumulative in nature. Lunch periods may not be accumulated 28 with rest breaks and cannot be used in order to leave early. 29 30 Vacation Leave 31 32 Vacation leave shall be accrued beginning the first of the month following 30 days of 33 employment under the conditions hereinafter stated. No employee shall be permitted to use 34 vacation leave for any period spent on unauthorized leave. 35 36 Full-time employees are entitled to paid vacation leave according to the following schedule; 37 provided, no paid vacation leave may be taken during the first six (6) months of employment 38 without prior approval of the Department Head OR DESIGNEE. 39 40

* * * 41 42 Employees ((may use accrued vacation leave and personal leave in units of not less than four hours) 43 ARE ENCOURAGED TO AVOID USING ACCRUED VACATION LEAVE IN UNITS OF 44

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LESS THAN FOUR HOURS, DUE TO POTENTIAL OPERATIONAL SCHEDULING 1 CONFLICTS. 2 3

* * * 4 5 Personal Leave 6 7 At the beginning of each calendar year, all full time employees will receive four (4) days of 8 personal leave. Personal leave may be used for personal business and is subject to departmental 9 procedures and the following rule: 10 11

• ((Must be taken in a minimum of four hour increments)) EMPLOYEES ARE 12 ENCOURAGED TO AVOID USING ACCRUED PERSONAL LEAVE IN UNITS OF 13 LESS THAN FOUR HOURS, DUE TO POTENTIAL OPERATIONAL SCHEDULING 14 CONFLICTS. 15

• Employee must have supervisor’s pre-approval in order to use personal leave. In 16 emergency situations, the employee may seek supervisor’s permission to use personal 17 leave, provided the employee calls in at least one-half hour before the scheduled starting 18 time. 19

• Personal leave cannot be accumulated or carried over to the next calendar year; it must be 20 used on or before December 31 or be lost. 21

• Personal leave is a not reimbursable benefit; employees do not receive pay for unused 22 personal leave upon termination of employment. 23

24 * * * 25

26 Bereavement Leave 27 28 ((In the case of death of a member of a full-time employee's spouse, other dependents, parents, 29 grandparents, siblings or domestic partner, full-time employees shall be granted paid bereavement 30 leave not to exceed three (3) consecutive working days, or five (5) consecutive working days 31 where the employee is required to travel more than 500 miles to attend such a relative’s funeral or 32 memorial service.)) IN THE CASE OF A DEATH IN THE IMMEDIATE FAMILY, AN 33 EMPLOYEE WILL BE ENTITLED TO A THREE (3) DAY LEAVE OF ABSENCE WITH 34 PAY. IN ADDITION, THE EMPLOYEE MAY REQUEST PERMISSION TO USE UP TO 35 FIVE (5) DAYS OF VACATION AND/OR SICK LEAVE IN ORDER TO ATTEND THE 36 FUNERAL, MAKE NECESSARY ARRANGEMENTS AND TEND TO THE DECEASED 37 FAMILY MEMBER’S AFFAIRS. 38 39 THE TERM “IMMEDIATE FAMILY” MEANS THE EMPLOYEE’S SPOUSE, DOMESTIC 40 PARTNER, CHILDREN, STEP-CHILDREN, FATHER, MOTHER, GUARDIAN, BROTHER, 41 SISTER, GRANDPARENTS, GRANDCHILDREN, MOTHER-IN-LAW, FATHER-IN-LAW, 42 SON-IN-LAW, DAUGHTER-IN-LAW. ONE DAY’S LEAVE WILL BE ALLOWED IN THE 43 EVENT OF THE DEATH OF THE EMPLOYEE’S BROTHER-IN-LAW OR SISTER-IN-LAW. 44

41

Ordinance No. 18-O-17 Amendments to Personnel Policy Manual (2) Page 5 of 7

UPON REQUEST, THE EMPLOYEE MUST PRESENT PROOF OF DEATH OF A FAMILY 1 MEMBER. 2 3 Inclement Weather Policy 4 5

* * * 6 7 When an emergency is declared, either during normal business hours or during non-business 8 hours, the City Manager will notify department heads, who in turn are responsible for notifying 9 their employees. The City Manager will also notify the Police Department dispatcher of the 10 emergency procedures that are in effect. Telephone and/or supervisor’s notification will be used 11 to disseminate weather-related announcements as well as the City’s website - ((www.aberdeen-12 md.org)) WWW.ABERDEENMD.GOV. Telephone notifications may also be communicated via 13 automated telephone call. 14 15 Modified Duty 16 17 When determining modified duty placement involving altered duties or hours, Department Heads 18 of the respective department should address each situation on a case by case basis. 19 Considerations should include factors such as medical considerations, long term disability claims, 20 physical restrictions, work availability and demands, flexibility in scheduling, and/or other 21 interests of the City. EMPLOYEES MAY NOT WORK ON MODIFIED DUTY PLACEMENT 22 FOR MORE THAN THREE (3) MONTHS. 23 24 Modified duty placement can include a reduction in full time equivalency, limiting or altering 25 duties in the employee’s existing position or temporarily reassigning the employee to another 26 position which he or she is qualified and capable to perform. 27 28 SECTION 4: AND BE IT FURTHER ENACTED that “Take Home Vehicle”, 29 provisions of the City of Aberdeen Personnel Policy Manual, Chapter 7. OTHER EMPLOYEE 30 BENEFITS, are repealed and reenacted, with amendments, to read as follows: 31 32

CHAPTER 7. OTHER EMPLOYEE BENEFITS 33 34

Take Home Vehicle 35 36 The City of Aberdeen has a Take Home Vehicle Policy that is incorporated by reference into this 37 Personnel Policy Manual. The Department Head or supervisor who authorizes and/or assigns an 38 employee a take home vehicle is responsible for notifying Human Resources so the appropriate 39 procedures can be initiated. 40 41 All City employees who are assigned a take home vehicle will be provided with a copy of the 42 policy and must sign a receipt acknowledging that the employee has received the policy and will 43 review it. All take home vehicles must be operated in accordance with the City’s Take Home 44

42

Ordinance No. 18-O-17 Amendments to Personnel Policy Manual (2) Page 6 of 7

Vehicle Policy, which is available upon request or upon assignment of a take home vehicle. A 1 TAKE HOME VEHICLE MAY BE A TAXABLE BENEFIT TO THE EMPLOYEE. 2 3 SECTION 5: AND BE IT FURTHER ENACTED that “Misconduct Subject to 4 Disciplinary Action” and “Specific Disciplinary Action for Pattern of Excessive Absenteeism”, 5 provisions of the City of Aberdeen Personnel Policy Manual, Chapter 8. DISCIPLINE, are 6 repealed and reenacted, with amendments, to read as follows: 7 8

CHAPTER 8. DISCIPLINE 9 10

Misconduct Subject to Disciplinary Action 11 12 The following is a list of misconduct, which may subject an employee to disciplinary action. This 13 list is not exclusive; it is only representative of the types of misconduct which can subject an 14 employee to disciplinary action. An employee also may be subject to disciplinary action for 15 violating any other provision, policy or regulation of this Personnel Manual or other just cause. 16 17

* * * 18 s) Smoking or possessing lighted tobacco products in or on any property, UNLESS 19

DESIGNATED AS A SMOKING AREA, or in any vehicle, owned, leased or used by 20 the City, including any City work sites. 21

22 * * * 23

24 Specific Disciplinary Action for Pattern of Excessive Absenteeism 25 26 Because an employee who is consistently absent from work without authorization has a 27 detrimental effect on the efficient operation of the City, specific discipline is provided in this 28 Chapter for where an employee has a pattern of excessive absenteeism. An employee who has ((3 29 or)) 4 occasions in a rolling year will be given a written reprimand. An employee who has 5 30 occasions in a rolling year will be suspended without pay for 5 days. An employee who has 6 31 occasions in a rolling year will be terminated. 32 33 SECTION 6: AND BE IT FURTHER ENACTED that this Ordinance shall become 34 effective twenty (20) calendar days following its adoption. 35

43

Ordinance No. 18-O-17 Amendments to Personnel Policy Manual (2) Page 7 of 7

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________

Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman

______________________________________

Sandra J. Landbeck, Councilwoman

______________________________________

Timothy W. Lindecamp, Councilman

______________________________________ Melvin T. Taylor, Councilman

ATTEST: SEAL:

_________________________________ Monica A. Correll, City Clerk

Date __________________________________

44

COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-18

Date Introduced: June 4, 2018 Sponsored By: Councilman Steven E. Goodin and Councilwoman Sandra J. Landbeck Amendments Adopted: Public Hearing: June 25, 2018 Date Adopted: Date Effective: AN ORDINANCE concerning 1 2

AMENDMENTS TO CITY’S PERSONNEL POLICY MANUAL 3 SICK LEAVE PROVISIONS 4

5 FOR the purpose of amending certain employee sick leave provisions in the Personnel Policy 6 Manual for the City of Aberdeen to make a certain modifications required by the Maryland 7 Healthy Working Families Act; and matters generally related to revisions to the City’s Personnel 8 Policy Manual. 9

10 BY repealing and re-enacting, with amendments 11 Chapter 6. ATTENDANCE AND LEAVE 12

Sick Leave 13 City of Aberdeen Personnel Policy Manual 14 15 16

EXPLANATION: 17 CAPITALS INDICATE MATTER ADDED TO EXISTING LAW 18 ((Double Parenthesis)) indicate matter deleted from existing law. 19 Underlining indicates amendments to bill. 20 Strike-Out indicates matter stricken from bill by amendment or deleted 21 from the law by amendment. 22 * * * indicates existing unmodified text omitted from Ordinance 23

24 25 SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 26 ABERDEEN that “Sick Leave” provisions of the City of Aberdeen Personnel Policy Manual, 27 Chapter 6, ATTENDANCE AND LEAVE, are repealed and reenacted, with amendments, to read 28 as follows: 29

30 45

Ordinance No. 18-O-18 Amendments to Personnel Policy Manual Sick Leave Provisions Page 2 of 4

CHAPTER 6 – ATTENDANCE AND LEAVE 1 2

Sick Leave 3 4 Full-time AND CERTAIN PART-TIME employees shall be entitled to sick leave with pay for 5 absences resulting from illness, injuries, accidents, or other physical incapacity or other short-6 term disability, occurring either on or off the job. No employee shall be permitted to use sick 7 leave for any period spent on unauthorized leave. 8 9 Amount of Sick Leave 10 11 Full-time employees shall earn ((3.08)) 3.70 hours of sick leave per pay period, or 12 days per 12 year. PART-TIME EMPLOYEES WHO REGULARLY WORK 12 OR MORE HOURS PER 13 WEEK SHALL EARN SICK LEAVE IN THE SAME MANNER AS FULL-TIME 14 EMPLOYEES, EXCEPT THAT THE RATE OF ACCRUAL SHALL BE PRERATED TO BE 15 COMMENDURATE WITH THE NUMBER OF HOURS THE EMPLOYEE IS SCHEDULED 16 TO WORK, USING A 40 HOUR WORK WEEK AS A BASIS FOR COMPUTATION. 17 HOWEVER, IN NO EVENT SHALL A PART-TIME EMPLOYEE ACCRUE SICK LEAVE AT 18 A RATE LESS THAN ONE HOUR OF SICK LEAVE FOR 30 HOURS WORKED. 19 20 Doctor's Certificate OR OTHER VERIFICATION 21 22 For sick leave in excess of three workdays ((, or for unscheduled sick leave immediately before or 23 after a City holiday)), the supervisor, Department Head or City Manager may require a signed 24 certificate from a health care provider verifying the employee's inability to perform his or her 25 assigned duties because of illness during the period of absence and stating when an employee may 26 return to work. The City Manager may prescribe the form of a medical care provider’s certificate. 27 FOR OTHER USE OF SICK LEAVE IN EXCESS OF THREE CONSECUTIVE WORKDAYS 28 THE DEPARTMENT HEAD OR CITY MANAGER MAY REQUIRE REASONABLE 29 VERIFICATION THAT THE LEAVE WAS USED APPROPRIATELY UNDER THIS 30 SECTION. 31 32

* * * 33 34 Abuse of Sick Leave 35 36 An employee may not use or claim sick leave for purposes other than the purposes outlined in this 37 section. The Department Head or City Manager may require an employee to submit a signed 38 certificate from a medical care provider OR TO PROVIDE OTHER VERIFICATION for use of 39 sick leave for periods less than three days BUT MORE THAN TWO CONSECUTIVE DAYS if 40 they suspect that the employee may be using sick leave for other than authorized purposes or 41 otherwise is abusing sick leave. 42

43

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Ordinance No. 18-O-18 Amendments to Personnel Policy Manual Sick Leave Provisions Page 3 of 4

Sick leave Use 1 2 Sick leave may be used by the employee ((in cases of illness, injury, accidents or other physical 3 incapacity or doctor appointments for the employee, employee's spouse, other dependents, 4 parents, grandparents, siblings and domestic partner)) FOR THE FOLLOWING PERMITTED 5 PURPOSES: (1) TO CARE FOR OR TREAT THE EMPLOYEE’S MENTAL OR PHYSICAL 6 ILLNESS, INJURY, OR CONDITION; (2) TO OBTAIN PREVENTIVE MEDICAL CARE 7 FOR THE EMPLOYEE OR EMPLOYEE’S FAMILY MEMBER; (3) TO CARE FOR A 8 FAMILY MEMBER WITH A MENTAL OR PHYSICAL ILLNESS, INJURY, OR 9 CONDITION; OR (4) FOR MATERNITY OF PATERNITY LEAVE; OR (5) IF: (I) THE 10 ABSENCE FROM WORK IS NECESSARY DUE TO DOMESTIC VIOLENCE, SEXUAL 11 ASSAULT, OR STALKING COMMITTED AGAINST THE EMPLOYEE OR THE 12 EMPLOYEE’S FAMILY MEMBER; AND (II) THE LEAVE IS BEING USED: 1. BY THE 13 EMPLOYEE TO OBTAIN FOR THE EMPLOYEE OR THE EMPLOYEE’S FAMILY 14 MEMBER: A. MEDICAL OR MENTAL HEALTH ATTENTION THAT IS RELATED TO 15 THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING; B. SERVICES FROM 16 A VICTIM SERVICES ORGANIZATION RELATED TO THE DOMESTIC VIOLENCE, 17 SEXUAL ASSAULT, OR STALKING; OR C. LEGAL SERVICES OR PROCEEDINGS 18 RELATED TO OR RESULTING FROM THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, 19 OR STALKING; OR 2. DURING THE TIME THAT THE EMPLOYEE HAS TEMPORARILY 20 RELOCATED DUE TO THE DOMESTIC VIOLENCE, SEXUAL ASSAULT, OR STALKING. 21 22 FAMILY MEMBERS FOR WHOM AN EMPLOYEE MAY USE SICK LEAVE FOR 23 PERMITTED PURPOSES ARE: 1) A BIOLOGICAL CHILD, AN ADOPTED CHILD, A 24 FOSTER CHILD, OR A STEPCHILD OF THE EMPLOYEE; 2) A CHILD FOR WHOM THE 25 EMPLOYEE HAS LEGAL OR PHYSICAL CUSTODY OR GUARDIANSHIP; 3) A CHILD 26 FOR WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS, REGARDLESS OF THE 27 CHILD’S AGE; 4) A BIOLOGICAL PARENT, AN ADOPTIVE PARENT, A FOSTER 28 PARENT, OR A STEPPARENT OF THE EMPLOYEE OR OF THE EMPLOYEE’S SPOUSE; 29 5) THE LEGAL GUARDIAN OF THE EMPLOYEE; 6) AN INDIVIDUAL WHO ACTED AS 30 A PARENT OR STOOD IN LOCO PARENTIS TO THE EMPLOYEE OR THE EMPLOYEE’S 31 SPOUSE WHEN THE EMPLOYEE OR THE EMPLOYEE’S SPOUSE WAS A MINOR; 7) 32 THE SPOUSE OF THE EMPLOYEE; 8) A BIOLOGICAL GRANDPARENT, AN ADOPTED 33 GRANDPARENT, A FOSTER GRANDPARENT, OR A STEPGRANDPARENT OF THE 34 EMPLOYEE; 9) A BIOLOGICAL GRANDCHILD, AN ADOPTED GRANDCHILD, A 35 FOSTER GRANDCHILD, OR A STEPGRANDCHILD OF THE EMPLOYEE; OR 10) A 36 BIOLOGICAL SIBLING, AND ADOPTED SIBLING, A FOSTER SIBLING, OR A STEP 37 SIBLING OF THE EMPLOYEE. 38 39 At the end of employment, an employee shall be not be compensated for earned but unused sick 40 leave. 41 42

* * * 43 44

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Ordinance No. 18-O-18 Amendments to Personnel Policy Manual Sick Leave Provisions Page 4 of 4

SECTION 2: AND BE IT FURTHER ENACTED that this Ordinance shall apply 1 retroactively to February 11, 2018. 2 3 SECTION 3: AND BE IT FURTHER ENACTED that this Ordinance shall become 4 effective twenty (20) calendar days following its adoption. 5

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________

Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman

______________________________________

Sandra J. Landbeck, Councilwoman

______________________________________

Timothy W. Lindecamp, Councilman

______________________________________ Melvin T. Taylor, Councilman

ATTEST: SEAL:

_______________________________________ Monica A. Correll, City Clerk

Date __________________________________

48

COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-19

Date Introduced: June 4, 2018 Sponsored By: Councilman Steven E. Goodin and Councilwoman Sandra J. Landbeck Amendments Adopted: Public Hearing: June 25, 2018 Date Adopted: Date Effective: AN ORDINANCE concerning

TRASH AND RECYCLING 1 2

FOR the purpose of making certain revisions to the City of Aberdeen laws and fees relating to 3 the collection of trash and recycling in the City. 4 5 BY repealing and reenacting, with amendments 6 Chapter 250. ENVIRONMENTAL CONTROL 7 Article II Storage and Accumulation of Refuse 8 Sections 250-3, 250-4, 250-5, and 250-22 9 Code of the City of Aberdeen (2010 Edition as amended) 10 11 BY adding 12 Chapter 250. ENVIRONMENTAL CONTROL 13 Article II Storage and Accumulation of Refuse 14 Section 250-2A 15 Code of the City of Aberdeen (2010 Edition as amended) 16 17 BY repealing 18 Chapter 250. ENVIRONMENTAL CONTROL 19 Article VII Collection and Transportation of Solid Waste 20 Section 250-22 21 Code of the City of Aberdeen (2010 Edition as amended) 22 23 BY adding 24 Chapter A550. FEES 25 Section A-550.L 26 Code of the City of Aberdeen (2010 Edition as amended) 27 28 29

49

Ordinance No. 18-O-19 Trash and Recycling Page 2 of 7

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW ((Double Parenthesis)) indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike-Out indicates matter stricken from bill by amendment or deleted from the law by amendment. * * * indicates existing unmodified text omitted from Ordinance

SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 1 ABERDEEN, that Sections 250-3, 250-4 and 250-5 of the Code of the City of Aberdeen (2010 2 Edition as amended), Chapter 250, ENVIRONMENTAL CONTROL, Article II Storage and 3 Accumulation of Refuse, are repealed and reenacted, with amendments, to read as follows: 4 5

Chapter 250. ENVIRONMENTAL CONTROL 6 7 § 250-3. Containers. 8

A. RESIDENTS SHALL USE CITY-PROVIDED CONTAINERS DESIGNATED FOR THE 9 DEPOSIT OF TRASH, INCLUDING GARBAGE. CONTAINERS MAY NOT EXCEED 10 60 POUNDS WHEN FILLED. All NON-RESIDENTIAL garbage and trash shall be 11 stored in ((commercially available type)) COMMERCIAL containers with tight-fitting 12 covers. RAW WASTE AND GARBAGE SHALL BE PLACED AND SECURED 13 WITHIN PLASTIC BAGS PRIOR TO PLACEMENT IN TRASH CONTAINERS ((. 14 Individuals using plastic bags for the disposal of trash and garbage shall be responsible for 15 taking the necessary safeguards)) to ensure that this method of disposal does not create a 16 potential health hazard for the community. ((For residences, container size shall be not more 17 than 32 gallons, and no single container shall exceed 60 pounds when filled, except as may 18 be provided by the trash haulers with the approval of the Director of Public Works. 19 Cardboard boxes, baskets and oil or chemical drums are not acceptable as containers for 20 regular collection.)) 21

B. RESIDENTIAL TRASH AND GARBAGE EXCEEDING THE CAPACITY OF THE 22 CITY’S PROVIDED CONTAINER MORE THAN TWO (2) TIMES A MONTH WILL 23 INCUR AN ADDITIONAL FEE PER THE DIRECTION OF THE DIRECTOR OF 24 PUBLIC WORKS OR DESIGNATED REPRESENTATIVE. 25

C. RESIDENTS SHALL RECYCLE TO THE MAXIMUM EXTENT PRACTICABLE. 26 THE DEPARTMENT OF PUBLIC WORKS SHALL PROVIDE A LIST OF 27 RECYCLING PRODUCTS THE CITY WILL COLLECT. RESIDENTS SHALL PLACE 28 ALL RECYCLING IN CITY-PROVIDED CONTAINERS. PRODUCTS THAT 29 EXCEED THE CAPACITY OF THE CITY-PROVIDED CONTAINER SHALL BE 30 BROKEN DOWN, SECURELY TIED AND BUNDLED, AND PLACED NEXT TO THE 31 CONTAINER. RESIDENTS MAY REQUEST ONE (1) ADDITIONAL CITY-32 PROVIDED RECYCLING CONTAINER WITHOUT ADDITIONAL FEES BASED ON 33 50

Ordinance No. 18-O-19 Trash and Recycling Page 3 of 7

AVAILABILITY. RESIDENTS MAY PROCURE AT THEIR EXPENSE A 1 COMMERCIALLY AVAILABLE RECYCLING CONTAINER SUBJECT TO THE 2 APPROVAL OF THE DIRECTOR OF PUBLIC WORKS OR DESIGNATED 3 REPRESENTATIVE. 4

D. TRASH AND RECYCLING CONTAINERS PROVIDED BY THE CITY ARE THE 5 PROPERTY OF THE CITY. A PERSON WHO MISAPPROPRIATES, DESTROYS, 6 DAMAGES, VANDALIZES OR LOSES A CITY-OWNED CONTAINER IS LIABLE 7 TO THE CITY FOR THE COST OF THE CONTAINER. 8

E. A RESIDENT WHO OPERATES A BUSINESS IN THE RESIDENCE THAT 9 GENERATES TRASH, GARBAGE OR RECYCLING PRODUCTS EXCEEDING THE 10 CAPACITY OF THE CITY-PROVIDED CONTAINERS SHALL USE A 11 COMMERCIAL WASTE HAULER TO REMOVE THE TRASH, GARBAGE OR 12 RECYCLING PRODUCTS. THE DIRECTOR OF PUBLIC WORKS OR DESIGNATED 13 REPRESENTATIVE SHALL REASONABLY DETERMINE WHETHER THE 14 RESIDENT MUST USE A COMMERCIAL TRASH HAULER AND SHALL NOTIFY 15 THE RESIDENT, IN WRITING, OF THE DETERMINATION. AFTER RECEIVING A 16 DETERMINATION THAT THE RESIDENT MUST USE A COMMERCIAL TRASH 17 HAULER, THE RESIDENT SHALL IMMEDIATELY COMMENCE USING 18 COMMERCIAL WASTE HAULING SERVICES AND SHALL PROVIDE THE 19 DIRECTOR OR THE DIRECTOR’S REPRESENTATIVE WITH THE RESIDENT’S 20 INITIAL AND EVERY SUBSEQUENT CONTACT FOR SERVICE WITH THE 21 COMMERCIAL TRASH HAULER FOR THE PICKUP OF COMMERCIAL TRASH, 22 GARBAGE AND RECYCLING PRODUCTS FROM THE RESIDENCE. UPON 23 REQUEST OF THE RESIDENT, OR UPON THE DIRECTOR’S OWN INITIATIVE, 24 THE DIRECTOR OR DESIGNATED REPRESENTATIVE MAY RESCIND OR 25 MODIFY THE DETERMINATION THAT THE RESIDENT MUST USE A 26 COMMERCIAL TRASH HAULER AND SHALL PROVIDE THE RESIDENT WITH 27 WRITTEN NOTICE OF THE RESCISSION OR MODIFICATION. 28

29 § 250-4. Bundling. 30

A. ((All articles,)) IN ADDITION TO BUNDLING PROVIDED FOR IN SECTION 250-31 3(C), ARTICLES such as boxes, crates, ((magazines,)) tree trimmings, hedge cuttings, etc., 32 ((will)) THAT DO NOT FIT IN CITY-PROVIDED CONTAINERS SHALL be broken 33 down and tied in compact bundles, not heavier than 60 pounds ((nor)) AND NOT more 34 than four feet in length, to permit safe and rapid handling by one ((man)) WORKER. 35 ((Flowers, grass cuttings, weeds, small garden debris and leaves may be placed in regular 36 containers or heavy-duty plastic bags. No more than 10 plastic bags of leaves shall be 37 placed for collection on each collection day.)) YARD WASTE SHALL BE PLACED IN 38 PAPER BAGS, BUNDLED, TIED OR BOXED. THE DEPARTMENT OF PUBLIC WORKS 39 SHALL DISSEMINATE TO THE PUBLIC A LIST OF ACCEPTABLE YARD WASTE 40 ITEMS. 41

B. ((Refuse that will not fit into regulation containers must be prepared in a neat and compact 42 51

Ordinance No. 18-O-19 Trash and Recycling Page 4 of 7

bundle as specified in this section or placed in a disposable container.)) RESIDENTS SHALL 1 DISPOSE OF BAMBOO ONLY WITH RESIDENTIAL TRASH. BAMBOO THAT IS 2 LEFT FOR DISPOSAL WITH RESIDENTIAL TRASH SHALL BE CUT AND BUNDLED 3 IN 4-FOOT LENGTHS, AND PLACED EITHER IN OR ALONGSIDE A CITY-4 PROVIDED TRASH CONTAINER. 5

C. BUNDLED MATERIALS INCLUDED ON THE CITY’S RECYCLING PRODUCT LIST 6 SHALL BE DEPOSITED FOR COLLECTION WITH OTHER RECYCLED PRODUCTS. 7

8 § 250-5. Bulky waste. 9 10 ((Bulky items may be disposed of by the Department of Public Works. These items include any 11 large or bulky material which the contract collectors cannot collect with their equipment. The 12 Director of Public Works shall have the right to establish reasonable collection fees for such 13 service.)) BULK WASTE ARE WASTE ITEMS THAT ARE TOO LARGE TO BE 14 ACCEPTED DURING NORMAL OPERATIONS AND MAY REQUIRE SPECIAL 15 HANDLING TO LIFT OR DISPOSE OF. EACH RESIDENTIAL UNIT IS ALLOTTED ONE 16 (1) BULK PICKUP PER FISCAL YEAR WITHOUT AN ADDITIONAL FEE. FOR EACH 17 ADDITIONAL PICKUP BEYOND ONE (1) PICKUP PER FISCAL YEAR, RESIDENTS 18 SHALL PAY A FEE IN ACCORDANCE WITH THE CITY’S FEE SCHEDULE PRIOR TO 19 PICKUP. 20 21

SECTION 2. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY 22 OF ABERDEEN, that new Section 250-2A is added to the Code of the City of Aberdeen (2010 23 Edition as amended), Chapter 250, ENVIRONMENTAL CONTROL, Article II Storage and 24 Accumulation of Refuse, to follow immediately after Section 250-2, and to read as follows: 25 26

Chapter 250. ENVIRONMENTAL CONTROL 27 28 § 250-2A. RESIDENTIAL SERVICE OUTSIDE CITY LIMITS. 29 30 RESIDENTIAL UNITS THAT LIE WITHIN ONE QUARTER (¼) MILE OF THE LIMITS OF 31 THE CITY OF ABERDEEN MAY PETITION THE DIRECTOR OF PUBLIC WORKS OR 32 DESIGNATED REPRESENTIVE FOR CITY TRASH AND RECYCLING SERVICES 33 UNDER THE TERMS OF THIS SECTION. 34 35

(1) RESIDENTS WHO LIVE OUTSIDE THE CITY LIMITS MUST SHOW CAUSE 36 THAT ALL COMMERCIAL TRASH AND RECYCLING SERVICES HAVE BEEN 37 EXHAUSTED AND THAT THERE IS CLEAR BENEFIT FOR THE CITY TO 38 PROVIDE THIS ADDITIONAL SERVICE FOR RESIDENTS THAT DO NOT PAY 39 CITY TAXES. 40 41

(2) RESIDENTS SEEKING CITY TRASH AND RECYCLING SERVICES SHALL 42 SUBMIT A LETTER IN WRITING REQUESTING THIS SERVICE. IF APPROVED, 43 THE DEPARTMENT OF PUBLIC WORKS WILL ESTABLISH A TRASH AND 44

52

Ordinance No. 18-O-19 Trash and Recycling Page 5 of 7

RECYCLING COLLECTION FEE AS PROVIDED IN THE CITY’S FEE SCHEDULE, 1 TO BE BILLED ON A QUARTERLY BASIS. 2 3

(3) RESIDENTS OUTSIDE CITY LIMITS MUST PURCHASE TRASH AND 4 RECYCLING CONTAINERS DURING THEIR FIRST YEAR OF COLLECTION, 5 PAY COLLECTION FEES AS BILLED QUARTERLY, AND INCUR ANY 6 ADDITIONAL FEES ASSOCIATED WITH COLLECTION OF TRASH AND 7 RECYCLING THAT A RESIDENT OF THE CITY IS REQUIRED TO PAY. 8 9 SECTION 3. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY 10

OF ABERDEEN, that Section 250-22 of the Code of the City of Aberdeen (2010 Edition as 11 amended), Chapter 250, ENVIRONMENTAL CONTROL, Article VII Collection and 12 Transportation of Solid Waste, is repealed. 13 14

SECTION 4. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY 15 OF ABERDEEN, that new Section A550-1.L. is added to the Code of the City of Aberdeen 16 (2010 Edition as amended), Chapter A550, FEES, to follow immediately after Section A550-17 1.K, and to read as follows: 18 19

Chapter A550. FEES 20 21 § 550-1. Schedule of rates and charges. 22 23 The following fees, rates and charges shall apply in the City: 24 25 L. TRASH AND RECYCLING SERVICES FEES. ALL OWNERS AND TENANTS OF 26 STRUCTURES CONTAINING NOT MORE THAN THREE RESIDENTIAL DWELLING 27 UNITS WITHIN THE CITY SHALL BE REQUIRED TO COMPLY WITH THE FEES 28 UNDER THIS PARAGRAPH. 29 30

(1) REPLACEMENT TRASH OR RECYCLING CONTAINER: $50 PER CONTAINER. 31 32 (2) ADDITIONAL TRASH COLLECTION FEE PER CONTAINER: $60 ANNUALLY 33

PER CONTAINER. 34 35 (3) RESIDENTIAL UNITS THAT EXCEED THE CAPACITY OF THE CITY-PROVIDED 36

CONTAINER GREATER THAN TWO (2) TIMES PER MONTH: $75 PER 37 OCCURRENCE. 38

39 (4) RESIDENTIAL BULK PICK-UP BEYOND ONE PICK-UP PER FISCAL YEAR 40

SHALL BE SUBJECTED TO THE FOLLOWING FEES: 41 42

A. LARGE APPLIANCE (I.E., MATTRESSES, COUCHES, DRESSERS, SOFAS, 43 STOVES, REFRIGERATORS, ETC.) UP TO THREE (3) ITEMS PER PICKUP: 44 $20 PER ITEM 45

46 53

Ordinance No. 18-O-19 Trash and Recycling Page 6 of 7

B. SMALL APPLIANCES THAT ONE PERSON CAN EASILY PICK UP AND 1 LOAD ONTO A TRUCK AND ARE LESS THAN 50 LBS EACH (CHAIRS, 2 TABLES, DESKS), APPROXIMATELY THREE (3) TO FIVE (5) ITEMS PER 3 PICKUP: $10 PER PICKUP. 4

5 THE DEPARTMENT OF PUBLIC WORKS SHALL ASSESS CONTENTS WITHIN 6 THESE CATEGORIES TO DETERMINE THE FEE FOR BULK ITEMS FOR 7 DISPOSAL. 8

9 (5) RESIDENTIAL TRASH AND RECYCLING PICKUP OUTSIDE THE CITY LIMITS: 10

11 A. TRASH AND RECYCLING COLLECTION PICK-UP: $216 PER YEAR PLUS 12

FIFTEEN (15) PERCENT ADMINISTRATIVE FEE. 13 14

B. TRASH AND RECYCLING CONTAINER: INITIAL ISSUE $60 PER 15 CONTAINER. 16 17

C. RESIDENTIAL UNITS IN THIS CATEGORY WILL ALSO BE SUBJECT TO 18 OTHER FEES DESCRIBED IN THIS SECTION. 19

20 SECTION 5. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY 21

OF ABERDEEN, that this Ordinance shall become effective at the expiration of twenty (20) 22 calendar days following adoption. 23

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Ordinance No. 18-O-19 Trash and Recycling Page 7 of 7

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________ Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman ______________________________________ Sandra J. Landbeck, Councilwoman ______________________________________ Timothy W. Lindecamp, Councilman ______________________________________ Melvin T. Taylor, Councilman ATTEST: SEAL: ___________________________________ Monica A. Correll, City Clerk Date _______________________________

55

COUNCIL OF THE CITY OF ABERDEEN Resolution No. 18-R-02

______________________________________________________________________________ Date Introduced: May 7, 2018 Sponsored By: Councilman Steven E. Goodin and Councilman Timothy W. Lindecamp Amendments Adopted: Date Adopted: Date Effective: ______________________________________________________________________________ A RESOLUTION concerning 1 2

New Employee Residence Incentive Policy 3 4 5 FOR the purpose of adopting a municipal property tax rebate incentive program for new 6 employees of the City of Aberdeen. 7 8

EXPLANATORY STATEMENT: The City Manager and City Council believe that it 9 is desirable to encourage home ownership and occupancy by City employees within the City of 10 Aberdeen. The City Council desires by the New Employee Residence Incentive Policy to create 11 an incentive to attract to City employment new employees who will reside in their own homes in 12 the City, and also encourage the purchasing of homes in Aberdeen. Now, therefore, 13 14

SECTION 1. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 ABERDEEN that the New Employee Residence Incentive Policy dated May, 2018, attached to 16 this Resolution as Attachment A is adopted, effective immediately. 17

56

Resolution No. 18-R-02 New Employee Residence Incentive Policy Page 2 of 4

COUNCIL OF THE CITY OF ABERDEEN _____________________________________ Patrick L. McGrady, Mayor _____________________________________ Steven E. Goodin, Councilman _____________________________________ Sandra J. Landbeck, Councilwoman _____________________________________ Timothy W. Lindecamp, Councilman _____________________________________ Melvin T. Taylor, Councilman ATTEST: SEAL: Monica A. Correll, City Clerk Date:

57

Resolution No. 18-R-02 New Employee Residence Incentive Policy Page 3 of 4

ATTACHMENT A

18 19

CITY OF ABERDEEN 20 21

NEW EMPLOYEE RESIDENCE INCENTIVE POLICY 22 May, 2018 23

24 25 Purpose 26 27 The City of Aberdeen encourages and believes there is long-term value to the community for its 28 employees to own and reside in properties located in the City. The purpose of this policy is to 29 establish a rebate program of partial reimbursement of City of Aberdeen real property taxes to 30 new employees of the City of Aberdeen who live in residential real properties within the City of 31 Aberdeen. 32 33 Definitions 34 35

1) Residential Real Property – Real property that is owned and used as the employee’s 36 primary residence. 37

2) New Employee – An employee who has never previously worked for the City of 38 Aberdeen. 39

40 Scope and Conditions 41 42

1) A rebate shall be on an annual basis and shall not exceed five (5) years. 43 2) The annual rebate shall be an amount equal to 50% of the City property tax levied on the 44

residential real property for that year. 45 3) To be eligible for a rebate a new employee must be employed and remain employed as a 46

full-time employee for the duration of the rebate. 47 4) An employee shall apply for the property tax rebate on a form prescribed by the City 48

Manager, and shall provide documentation satisfactory to the City Manager as to the 49 qualification of the employee and the property for the rebate. 50

5) An application for a rebate must be submitted annually, within 60 days of payment of the 51 real property tax, and must include proof of payment of the tax. An application shall be 52 reviewed by the City to determine if the property qualifies for a rebate, and the employee 53 will be notified of the City’s decision. 54

6) An employee’s eligibility for a property tax rebate shall terminate at the end of the fifth 55 year of employment, or upon termination of employment, whichever comes first. 56

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Resolution No. 18-R-02 New Employee Residence Incentive Policy Page 4 of 4

Timing of Reimbursement 58 59 An eligible employee will be reimbursed once an application, showing proof of payment, is 60 approved. When property tax is paid in installments the City may pay the rebate in pro-rata 61 installments. 62 63 W-2 Treatment of of Rebate 64 65 A property tax rebate will be reported to the IRS on the employee’s W-2 as income. 66 67 Program Continuation 68 69 The program and any property tax rebate payments are dependent upon the availability of funds 70 appropriated in the City’s annual budget and may be terminated at any time at the discretion of 71 the City Council. 72 73 Reviews 74 75 This policy may be reviewed occasionally and revised if necessary. 76 77 Effective Date 78 79 This policy is effective after 1 July, 2018, or date of adoption, whichever comes last. 80 81 Date of Adoption 82 83 84 85

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Amendments to Resolution No. 18-R-02, New Employee Tax Incentive

(By Councilman Lindecamp)

Amendment No. 1 In the heading to ATTACHMENT A to Resolution No. 18-R-02, strike “NEW”. Amendment No. 2 In the third line of the “Purpose” section of ATTACHMENT A to Resolution No. 18-R-02, strike “new”. Amendment No. 3

In the third line of the “Definitions” section of ATTACHMENT A to Resolution No. 18-R-02, strike “2) New Employee – An employee who has never previously worked for the City of Aberdeen.”

Amendment No. 4

In paragraph “1)” of the “Scope and Conditions” section of ATTACHMENT A to Resolution No. 18-R-02, strike “and shall not exceed five (5) years”. Amendment No. 5

1) In the “Scope and Conditions” section of ATTACHMENT A to Resolution No. 18-R-02, strike “To be eligible for a rebate a new employee must be employed and remain employed as a full-time employee for the duration of the rebate.” and substitute “To be eligible for a rebate an individual must be employed and remain employed as a full-time employee of the City of Aberdeen.”

Amendment No. 6 In paragraph “6)” of the “Scope and Conditions” section of ATTACHMENT A to Resolution No. 18-R-02, strike “at the end of the fifth year of employment, or” and “, whichever comes first”.

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Will Chetelat Tel: 443-623-5066

Quote Number: 2018-25659 1 of 4

Presents an NJPA Proposal Summary

of the

Whirlwind

Whirlwind Pure Vacuum Street Sweeper with Fluid Coupler Drive and Dual Side Brooms

for

Aberdeen, City of

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Quote Number: 2018-25659 2 of 4

List Summary

Order

Qty Part Number Description List Price

1 1126499 MV-JD 74HP T4F D 36SB-M2 L PTO $171,752.50

1 1122439 ALTS-M2 CHASSIS T4F-MV $2,199.05

1 1125194 2019 FL M2 106 2017E WB=176 $103,643.75

1 1111175 LH SIDE BROOM TILT W/DSPL $1,066.05

1 1111176 RH SIDE BROOM TILT W/DSPL $1,066.05

1 1090653 DUAL AIR HORNS, M2 $1,653.15

1 1121910 H/P WASHDOWN-T4F $4,156.05

1 1091367 H/P WASHDOWN HOSE REEL $1,199.95

1 1101937 SS INSPECTION DOOR & STEP,RH $834.30

1 1092627 LIFELINER HOPPER LINER W/LIFETIME WARRANTY $8,255.45

1 1121813 4 ALT FLASHING REAR LED LIGHTS $1,895.20

1 1121752 (2) ALT REAR BUMPER LED $1,153.60

1 1121738 LED BEACONS, 1 CAB, 2 REAR HOPPER $2,132.10

1 1070639 LED STOP/TURN/TAIL $654.05

1 1122080 AUTO LUBE SWEEPER/TRUCK $7,683.80

1 FRT-120-001 FRT-Self Shipping Doc Charge $612.85

1 1120393 AUX HYD PUMP W/DUMP $1,426.55

1 1103333 L&R SIDE CAMERAS, REAR CAMERA $1,040.30

1 1078204 AIR FILTER RESTRICTION GUAGE $659.20

1 1120104 AUTO SHUTTER DUAL $1,452.30

1 1081910 DUAL ARM REST FL M2 $721.00

1 1120427 REAR FLOOD LIGHTS-LED $643.75

1 1121759 FRONT SPRAY BAR FL $777.65

1 1081188 SPARE CHASSIS KEY $46.35

1 6063004 SPARE SWEEPER KEY $46.35

1 0702448 WHIRLWIND-MV T4F SERV MANUAL $97.85

1 0701675 WHIRLWIND-MV T4F OPER MANL $0.00

1 0702247 WHIRLWIND-MV T4F PARTS BOOK $0.00

1 0704048 JD 4045TFC03 T4F SERV MANUAL $195.70

1 0704047 JD 4045TFC03 T4F PARTS BOOK $0.00

1 0704046 JD 4045TFC03 T4F OPER MANUAL $0.00

1 0704007 FREIGHTLINER M2 SERVICE $345.05

1 0704005 FREIGHTLINER M2 PARTS $422.30

1 0702020 ELGIN SAFETY MANUAL $0.00

1 1121517 VAR SPEED BROOM DUAL $1,323.55

Sell Price: $319,155.80

NJPA Discount: -$9,574.67

NJPA Total: $309,581.13

Price valid for 60 Days from date of 6/21/2018

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Quote Number: 2018-25659 3 of 4

PROPOSAL DATE: 6/21/2018

QUOTE NUMBER: 2018-25659

Price List Date: 6/21/2018

PO NUMBER:

QTY: _______ Customer Initials:___________________ PAYMENT TERMS:

PROPOSAL NOTES: 1. Multiple unit orders will be identical to signed proposal. Changes or deviations to any unit of a multiple unit

order will requires a new signed proposal. 2. Chassis specifications and data codes for customer supplied chassis must be submitted to and approved by

Elgin Sweeper Company prior to submittal of customer purchase order 3. All prices quoted are in US Dollars unless otherwise noted. SIGNED BY: __________________________________ Date: ________________________

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Quote Number: 2018-25659 4 of 4

LIMITED WARRANTY ELGIN SWEEPER COMPANY warrants each new machine manufatured by it against defects in material and

workmanship provided the machine is used in a normal and reasonable manner. This warranty is extended only

to the original user-purchaser for a period of twelve (12) months from the date of delivery to the original user-purchaser. ELGIN SWEEPER COMPANY will cause to be repaired or replaced, as the Company, may elect, any part or part of such machine which the Company's examination discloses to be defective in material or workmanship. Repairs or replacements are to be made at the selling Elgin distributor's location or at other locations approved

by ELGIN SWEEPER COMPANY. The ELGIN SWEEPER COMPANY warranty shall not apply to: 1. Major components or trade accessories such as but not limited to, trucks, engines, tires or batteries that

have a separate warranty by the original manufacturer. 2. Normal adjustments and maintenance services. 3. Normal wear parts such as but not limited to, broom filters, broom wire, shoe runners and rubber

deflectors. 4. Failures resulting from the machine being operated in a manner or for a purpose not recommended by

ELGIN SWEEPER COMPANY. 5. Repairs, modifications or alterations without the consent of ELGIN SWEEPER COMPANY which, in the

Company's sole judgment, have adversely affected the machine's stability or reliability. 6. Items subjected to misuse, negligence, accident or improper maintenance.

The use in the product of any part other than parts approved by ELGIN SWEEPER COMPANY may

invalidate this warranty. ELGIN SWEEPER COMPANY reserves the right to determine, in its sole discretion, if the use of non-approved parts operates to invalidate the warranty.

Nothing contained in this warranty shall make ELGIN SWEEPER COMPANY liable for loss, injury, or damage of any kind to any person or entity resulting from any defect or failure in the machine.

TO THE EXTENT LIMITED BY LAW, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

This warranty is also in lieu of all other obligations or liabilities on the part of ELGIN SWEEPER

COMPANY, including but not limited to, liability for incidental and consequential damages on the part of the Company or the seller.

ELGIN SWEEPER COMPANY makes no representation that the machine has the capacity to perform

any functions other than as contained in the Company's written literature, catalogs or specifications

accompanying delivery of the machine.

No person or affiliated company representative is authorized to give any other warranties or to assume any other liability on behalf of ELGIN SWEEPEAR COMPANY in connection with the sale,

servicing or repair of any machine manufactured by the Company.

ELGIN SWEEPER COMPANY reserves the right to make design changes or improvements in tis

products without imposing any obligation upon itself to change or improve previously manufactured

products.

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