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HomeMy WebLinkAbout2024-06-18 ResolutionItem Number: 5.c. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution to Issue Cigarette Permit Renewals (see attached list of 2025 Cigarette Renewals) Attachments: Resolution Prepared by: City Clerk's Office, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 Resolution Number: 24-158 Resolution to Issue Cigarette Permit Renewals Whereas, the following firms and persons have made an application to renew their permit and paid the taxes required by law for the sale of cigarettes, tobacco, nicotine and vapor products. Now, Therefore, be it Resolved by The City Council of Iowa City, Iowa, That: the renewal applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes, tobacco, nicotine and vapor products: See attached list of 2025 Cigarette Renewals. Passed and approved this 18th day of June , 2024 l� or Approved by Attest: ity Clerk dity At orney's Office It was moved by Harmsen and seconded by Moe Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: X Alter X Bergus X Dunn X Harmsen X Moe X Salih X Teague the 6,c, Business Name CITY LIQUOR CROWN LIQUOR & SMOKE DOLLAR GENERAL STORE #8137 ESSENTIALS VAPE AND SMOKE SHOP EVERGREEN SMOKE SHOP GOPUFF HAWKEYE LIQUOR & TOBACCO HAWKEYE SMOKE AND LIQUOR LIQUOR DOWNTOWN ND EXPRESS, INC. SHAG THE CROWN LIQUOR URBAN FUEL LLC Physical Address 425 GILBERT ST. 19 HWY 1 W. 41 HIGHWAY 1 W 568 HIGHWAY 1 W. 1661 S. FIRST AVE. 1907 STEVENS DR. 601 HOLLYWOOD BLVD STE 1 108 E. COLLEGE ST. 315 S. GILBERT ST. 2790 N DODGE ST. 465 HWY 1 W. 324 E. WASHINGTON ST. 2580 MOSS RIDGE RD. Item Number: 6.a. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution authorizing the procurement of one (1) new aerial bucket truck. Prepared By: Dan Striegel, Equipment Superintendent Reviewed By: Ron Knoche, Director of Public Works Geoff Fruin, City Manager Fiscal Impact: $205,868.00; funds are available in account 81710520 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Altec Quote - 1607194 - LR8-58RM Altec - Sourcewell Quote - 1607194 - LR8-58RM Altec Contract - RFP #110421 Altec Contract - RFP #110421 -Summary Resolution Executive Summary: At the June 18, 2024 City Council meeting, consideration will be given to a resolution authorizing the procurement of one (1) new Altec aerial bucket truck for Forestry Operations. Truck purchase includes an Altec LR8-58RM aerial body package mounted on a 2025 Freightliner M2106 Plus chassis. Sourcewell Cooperative contract 110421 -ALT will be utilized for the procurement of the truck from Altec Industries, Inc. Total purchase price with contract discount is $205,868.00 as per Altec/Sourcewell quote #1607194-1 dated June 5, 2024. Funding for this purchase is available in account 81710520. Background /Analysis: The Forestry Division has two aerial bucket trucks in the fleet used for tree trimming and removal operations. This new truck will be replacing current bucket truck #491, which is a 2005 model year truck that has exceeded its life expectancy and is scheduled for replacement. The current truck will be sold when the new truck is placed in service. Estimated delivery lead time is 16-18 weeks after receiving the chassis. June 5, 2024 Our 95th Year Ship To: CITY OF IOWA CITY EQUIPMENT DIVISION 1200 S RIVERSIDE DR IOWA CITY, IA 52246 US Attn: DAN STRIEGEL Phone: Email: dan-striegel@iowa-city.org Altec Quotation Number: Account Manager: Technical Sales Rep: Item Quote Number: Altec, Inc. Bill To: CITY OF IOWA CITY EQUIPMENT DIVISION 1200 S RIVERSIDE DR IOWA CITY, IA 52246 United States 1607194-1 Kolby O'Brien Abbott Tobin Gaddy 1607194-1 Description (Qty Unit 1. ALTEC Model LR8-58RM Articulating Overcenter Aerial Device with an insulating lower boom, insulating upper boom and the Altec ISO -Grip insulating system at the boom tip. For installation over the rear axle and to include the following features: A. Ground to Bottom of Platform Height: 57.6 feet (17.6 meters). B. Working Height: 62.6 feet (19.1 meters). C. Maximum reach to edge of platform with Upper Boom Non- overcenter (working position): 42.8 feet (13.0 meters) at platform height of 27.9 feet (8.5 meters). D. Maximum reach to edge of platform with Upper Boom Overcenter: 46.4 feet (14.2 meters) at platform height of 9.1 feet (2.8 meters). E. Continuous Rotation. F. Lower Boom: Articulation is from 0 to 125 degrees. Insulator provides 15 inches of isolation in the lower boom. G. Insulating Upper Boom: Articulation is from 0 to 270 degrees. The round filament wound fiberglass section provides a minimum of 17 feet (5.18 meters) of isolation. H. Chain and Rod Leveling: Platform automatically maintains level during boom articulation by means of a high strength chain and fiberglass rods in the booms to maintain dielectric integrity. Lifetime system requires no major preventative maintenance. Platform level adjustment is easily accessible from external location on lower pivot. I. Altec Patented walking link system features uniform speed, smooth and continuous articulation and low maintenance operation. J. Maintenance Free Elbow: nitrided to prevent rust, increase hardness and eliminates the need for grease at the elbow. K. Side -by -Side Boom Stow offers low travel height and easy platform access. L. The INSULATING UPPER CONTROL SYSTEM includes a single handle controller incorporating high electrical resistance components that are dielectrically tested to 40 kV AC with no more than 400 microamperes of leakage. The control handle is green in color to differentiate it from other non -tested controllers. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Price Page 1 of 11 Item Description Quote Number: 1607194-1 Altec, Inc. Qtv Price M. The INSULATING SECONDARY CONTROL SYSTEM includes control handles incorporating high electrical resistance components that are dielectrically tested to 40 kV AC with no more than 400 microamperes of leakage. These control handles are green in color to differentiate it from other non -tested controllers. N. Platform capacity: 400 lbs. (181 kilograms) standard. O. Small Boom Tip Profile. P. Hydraulic system: Open center (full pressure), maximum flow of 6.0 to 6.5 gpm (22.7 to 24.6 Ipm), maximum operating pressure of 3,000 psi. Q. Diagnostic pressure test port is located at the lower control station to allow a technician to quickly and easily attach a test gauge to verify system and tool circuit pressure. R. Unit is painted with a powder coat paint process which provides a finish -painted surface that is highly resistant to chipping, scratching, abrasion and corrosion. Paint is electrostatically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection. S. Unit meets or exceeds ANSI 92.2 standards. 2. Manual Upper Boom Stow Securing System with support cradle and tie down strap. 3. Pedestal 4. Single, One (1) Man, Fiberglass Platform; fixed side mounted. 24 x 24 x 39 inches. Altec Patented ISO -Grip Insulating, Proportional Speed, Upper Control Handle - with safety interlock and interlock guard. Located on the side of the platform nearest the upper boom, mounted on the shaft. Forward/back operates lower boom down/up, tiller operates rotation CW/CCW, and up/down operates upper boom up/down. 5. One (1) Platform Step - located on the side of the platform nearest the elbow in the stowed position 6. Platform Cover - Soft vinyl 24 x 24 inch (610 x 610 mm) 7. Platform Liner, 24 x 24 x 39 inches (610 x 610 x 991 mm), 70 kV Rating 8. Hydraulic Tool Circuit at Platform: Two (2) sets of tool couplers for open center tools, one (1) set located on each side of the platform. 9. Tool Circuit System Relief Pressure to be set to 2250 PSI 10. Secondary Stowage System: 12 VDC powered motor and pump assembly for temporary operation of the unit in a situation wherein the primary hydraulic source fails. Electric motor is powered by the chassis battery. Control is operated with an air plunger at the platform and a momentary switch located at the lower controls and the outrigger controls. This feature allows the operator to completely stow the booms, platform, and outriggers. 11. Slip Ring: Required for engine start/stop, secondary stowage system, and throttle control options We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 2 of 11 Quote Number: 1607194-1 Altec, Inc. Item Description Qtv 12. Primary A -Frame Outriggers with 5 -degree swivel shoe. For installation on a 36 to 40 inch 1 chassis frame height. A. Maximum Spread: 140 inches to the outer edge of shoes B. Ground Penetration: 7 to 11 inches depending on chassis frame height C. Outrigger/Unit Selector Valve: reduces the potential for inadvertent outrigger movement during machine operation if outrigger controls are bumped D. Outrigger Control Valves: located on the outrigger legs E. Outrigger Interlocks: will not allow the unit to be operated until the outriggers have been at least partially deployed F. Outrigger Motion Alarms 13. Auxiliary A -Frame Outriggers with 5 -degree swivel shoe. For installation on a 36 to 40 1 inch chassis frame height. A. Maximum Spread: 140 inches to the outer edge of shoes B. Ground Penetration: 7 to 11 inches depending on chassis frame height C. Outrigger Interlocks: will not allow the unit to be operated until the outriggers have been at least partially deployed D. Outrigger Motion Alarms 14. Hydraulic Outrigger Control Valves 1 15. Insulating Aerial Device, ANSI Category C, 46kV and Below 1 16. Altec Unit Powder Painted White 1 Unit & Hydraulic Acc. 17. Subbase 1 16. Hydraulic Reservoir, 30 Gallon, Rectangular 1 19. Sight Gauge for Hydraulic Reservoir, Reservoir Mounted 1 20. Hydraulic Oil HVI-22 with Dye (Standard) 35 21. Standard Pump For PTO 1 22. Hot shift PTO for automatic transmission 1 23. Standard Altec PTO/Machine Functionality: PTO won't engage until parking brake is 1 set. -Once parking (holding) brake is set, PTO and machine functions are enabled. -If parking (holding) brake is disengaged, both PTO and machine functions are disabled. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Price Page 3 of 11 Item Description Quote Number: 1607194-1 Altec, Inc. Qtv Price 24. Standard PTO/Transmission Functionality for Automatic Transmissions -If chassis is in gear, and PTO switch is activated, PTO will not engage. Chassis will remain in gear. Once the chassis is shifted back into gear the PTO will disengage. For some truck configurations the PTO switch must be turned off to allow the transmission to shift into gear. Body 25. 101 inch Flatbed, suitable for installing on any 4x2 chassis with an approximate clear CA dimension of 87-88 inches, built to the following specifications: A. Basic flatbed fabricated from hot rolled steel. B. Steel treated for improved primer bond and rust resistance. C. Primer applied to exterior of flatbed. D. Automotive undersea] applied to entire underside of flatbed. E. Flatbed finish paint color - Jet Black. F. All steel flatbed, 101 inches long x 96 inches wide. G. Floor made from 10 gauge galvanneal. H. Frame built with 4 inch high structural channel. I. 3 inch high retaining rail installed around perimeter of flatbed. J. 3 inch high pivot rail installed at sides and rear of flatbed. K. Light channels installed at curbside and streetside rear. L. LED FMVSS lights and rear strobes. M. 25 inch high u -shaped grab handle installed at rear of flatbed. N. Toe step installed at curbside rear. O. Platform rest assembly installed at curbside rear. P. Mounting provisions for E -Z step provided at the rear of flatbed. Q. Compartment top access step installed front of curbside. 26. Altec T-40 Thru Box tool compartment 40 inches wide x 50 inches high x 96 inches long (1016 x 1270 x 2438 mm) with 26.5 inch (673 mm) deep curb- and streetside compartments with the following compartmentation: A. Curbside: Single, vented compartment with two (2) vertical barn -style doors. Left side has two (2) fixed shelves. Right side has three (3) unequal transverse compartments open to streetside. Compartment bottom has 0.125 inch (3.175 mm) rubber liner. B. Streetside: Single compartment with two (2) vertical barn -style doors. Left side has three(3) unequal transverse compartments open to curbside. Top center has two (2) fixed shelves. Top right has three (3) swivel rope hooks (0-0-3). Compartment bottom has .125 inch (3.175 mm) rubber. C. Center compartment: Top -opening compartment with Flat Plate -lined lid. Punched -metal face. Interior of compartment total volume of up to 40"W x 30"D x 29"H W/O floor. D. Standard features: Bolt -on door locks. Gas shock door holders. Door locks are three-point t -handle latches with lock cylinders. Finish paint interior compartments the same as exterior. Front master locking handle. Integrated locking system installed. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 4 of 11 Quote Number: 1607194-1 Altec, Inc. Item Description Qtv E. Automotive undercoating applied to entire underside of body. F. Painted White Bodv and Chassis Accessories 27. Cab Guard, 140" L, 12 GA Sheet Metal With Non -Skid Surface And Expanded Metal 1 Section At Front, Black Gator Hyde Coating A. Cab Guard Mounting Kit B. Front Supports For Cab Guard 28. Underride Protection Bumper Installed At Rear 1 29. Rigid Style Pintle Hitch (30,000 LB MGTW with 6,000 LB MVL), 4 -Bolt Face Mount, 1 Buyers PH 15 (T-60 Style) (Forestry Applications) 30. Set Of D -Rings for Trailer Safety Chain, installed one each side of towing device mount. 1 31. Cab Guard Access Stirrup Step(s) With Grab Handle(s) At Curbside Rear Of Cab Guard 1 32. Compartment Top Access Step from Body Floor 1 33. Retractable Ladder Step, Two Rungs, Textured Flat Black, Installed at Rear 1 34. Platform Access Ladder from Flatbed with Grab Handle 1 35. Platform Rest, Rigid with Rubber Tube 1 36. No Automatic Lower Boom Stow Securing System 1 37. Lower Boom Rest Weldment 1 38. Wood Outrigger Pad, 19.5' x 19.5' x 1.88", With Fluorescent Orange Steel Band Around 4 The Outer Edges And Chain Handle 39. Outrigger Pad Holder, 20" L x 20" W x 3.5 H, Fits 19.5' x 19.5' x 2.25' And Smaller Pads, 4 Bolt -On, Bottom Washout Holes, 3/4" Lip Retainer 40. Mud Flaps With Altec Logo (Pair) 1 41. Wheel Chocks, Rubber, 9.75' L x 7.75' W x 5.00" H, with 4" L Metal Hairpin Style Handle 1 (Pair) 42. Wheel Chock Holders (Pair), For Installation Under Flatbed Or Dump Body 1 Price We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 5 of 11 UTILITY EQUIPMENT AND BODIES SINCE 1929 Item Description 43. Grab Handle Installed on Top of Curbside Rear Through Box Compartment 44. U -Shaped Grab Handle 45. Small Grab Handle Installed At Rear Quote Number: 1607194-1 Altec, Inc. Qtv Price 2 1 1 46. Slope Indicator Assembly (Pair) For Machine With Outriggers 47. Cone Holder, Horizontal Style with Vertical Pivot (Un -folds Upwards), For Mounting On Front Bumper (Holds up to four 15'x15' large cones) 48. Safety Harness & 4.5 FT Lanyard (Medium To X -large) 49. Driveaway Safety Kit 50. Vinyl manual pouch for storage of all operator and parts manuals Electrical Accessories 51. Lights and reflectors in accordance with FMVSS #108 lighting package. (Complete LED, including LED reverse lights) 52. 4 -Corner Strobe Lighting, Amber LED,Two (2) Round Lights in Front Corners of Cab Guard and Two (2) Round Lights at Rear 53. Strobe Lights Wired Battery Hot 54. Dual Tone Back -Up With Outrigger Motion Alarm 55. PTO Hour Meter, Digital, with 10,000 Hour Display 56. 6 -Way Trailer Receptacle (Pin Type) Installed At Rear 57. Electric Trailer Brake Controller (Tekonsha Voyager #9030) 58. Altec Modular Panel System (AMPS) - Includes Mounting Panel and Accessory Switches 59. Install secondary stowage system. 60. Install Outrigger Interlock System 61. Heavy Duty Secondary Stowage Pump 62. No Upper Boom Out of Stow Indicator We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Page 6 of 11 v4m Quote Number: 1607194-1 Altec, Inc. Item Description Qtv 63. No Lower Boom Out of Stow Indicator 1 64. PTO Indicator Light Installed In Cab 1 Finishing Details 65. Powder Coat Unit Altec White 1 66. Finish Paint Body Accessories Above Body Floor Altec White 1 67. Altec Standard; Components mounted below frame rail shall be coated black by Altec. i.e. 1 step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, D -rings, receiver tubes, accessory mounts, light brackets, under -ride protection, etc. Components mounted to under side of body shall be coated black by Altec. i.e. Wheel chock holders, mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders. 68. Vehicle Height Placard, Installed In Cab 1 69. Apply Non -Skid Coating to all walking surfaces 1 70. English Safety And Instructional Decals 1 71. Placard, HVI-22 Hydraulic Oil 1 72. Dielectric test unit according to ANSI requirements. 1 73. Stability test unit according to ANSI requirements. 1 74. Focus Factory Build 1 75. Delivery Of Completed Unit 1 76. Inbound Freight 1 77. As Built Electrical And Hydraulic Schematics To Be Included In The Manual Pouch 1 78. Stock Unit 1 79. Stock Unit Sold To Customer 1 Chassis Price We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You Page 7 of 11 UTILITY EQUIPMENT AND BODIES SINCE 1929 UM Quote Number: 1607194-1 Altec, Inc. Item Description Qt( 80. Altec Supplied Chassis 1 81. 2025 Model Year 1 82. Freightliner M2-106 1 83. 4x2 1 84. Chassis Cab 1 85. Regular Cab 1 86. Chassis Color- White 1 87. AM/FM Radio 1 88. Air Conditioning 1 89. 87 Clear CA (Round To Next Whole Number) 1 90. GVWR 33,000 LBS 1 91. 13,220 LBS Front GAWR 1 92. 21,000 LBS Rear GAWR 1 93. Cummins B6.7 1 94. 240 HP Engine Rating 1 95. Allison 3500 RDS Automatic Transmission 1 96. 204-215 Freightliner 50 Gallon Fuel Tank (Left Hand Under Cab) 1 97. 016-1C3 - Freightliner Horizontal Exhaust (Right -Horizontal -Under Cab -Horizontal) 1 98. No Idle Engine Shut -Down Required 1 99. Air Brakes 1 100. Park Brake In Rear Wheels 1 101. Freightliner - Pre -Wire Chassis with No Cab Backwall Pass-Thru (33U-011) 1 We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Price Page 8 of 11 Item Description Additional Pricing Quote Number: 1607194-1 Altec, Inc. Qtv Price 102. Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, ninety (90) days warranty for travel charges, limited lifetime structural warranty Unit / Body / Chassis Total FET Total Total Altec Industries, Inc. An Abbott Tobin Gaddy Notes 205,868.00 0.00 205,868.00 1 Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are budgetary only due to irregular cost inflation and market volatility. These prices will be reviewed based on market conditions and confirmed closer to the production date. For a quoted chassis model year beyond the current open order bank, chassis model year, specifications and price should be considered estimates only and subject to change. Chassis model year, specifications and price will be reviewed and confirmed when specific model year information becomes available from the OEM. Estimated Delivery: 4-6 months after receipt of order PROVIDING: A. Customer supplied chassis (if applicable) is received a minimum of sixty (60) days before scheduled delivery. B. Customer approval drawings are returned by requested date. C. Customer supplied accessories are received by date necessary for compliance with scheduled delivery. D. Customer expectations are accurately captured prior to major components being ordered (body, chassis) and line set date. Unexpected additions or changes made after this time or at a customer inspection will delay the delivery of the vehicle. Estimated Delivery is based on information at time of quote and is subject to change. Altec reserves the right to change suppliers in order to meet customer delivery requirements, unless specifically identified, by the customer, during the quote and or ordering process. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 9 of 11 10 11 12 13 Quote Number: 1607194-1 Altec, Inc. This quotation is valid until JUN 07,2024. After this date, please contact Altec Industries, Inc. for a possible extension. F.O.B. - Customer Site Interest charge of 1l2% per month to be added for late payment. FINANCING AVAILABLE: Please contact Altec Capital at (888) 408-8148 or email finance@altec.com for more information. Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations in effect at time of invoicing. Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount. Any payment made by a credit card may be subject to a surcharge fee. Altec Standard Warranty: One (1) year parts warranty. One (1) year labor warranty. Ninety (90) days warranty for travel charges. Warranty on structural integrity of the following major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables. Altec is to supply a self-directed, computer based training (CBT) program. This program will provide basic instruction in the safe operation of this aerial device. This program will also include and explain ANSI and OSHA requirements related to the proper use and operation of this unit. Altec offers its standard limited warranty with the Altec supplied components which make up the Altec Unit and its installation, but expressly disclaims any and all warranties, liabilities, and responsibilities, including any implied warranties of fitness for a particular purpose and merchantability, for any customer supplied parts Altec designs and manufactures to applicable Federal Motor Vehicle Safety and DOT standards Altec Extended Warranty Option: An Altec Extended Warranty is an extension of Altec's Limited Warranty and protects you from the repair cost associated with defects of materials and workmanship after the standard Limited Warranty expires. Altec offers many types of coverages and coverage packages. Ask your Altec account manager for details. Quotes are available upon request. After the initial warranty period, Altec Industries, Inc. offers mobile service units, in -shop service and same day parts shipments on most parts from service locations nationwide at an additional competitive labor and parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs. Trade-in offer is conditional upon equipment being maintained to DOT (Department of Transportation) operating and safety standards and remaining in compliance of DOT until arrival at an Altec Facility. This will We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 10 of 11 Quote Number: 1607194-1 Altec, Inc. include, but is not limited to engine, tires, lights, brakes, glass, etc. All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with unit unless otherwise agreed upon in writing by both parties. ALTEC Industries reserves the right to re -negotiate its trade-in offer if these conditions are not met. All reasonable and necessary expenses required of ALTEC Industries to execute transportation of the trade-in will be invoiced to the customer for payment if these conditions are not met to maintain DOT standards. Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of purchase order. After that time ALTEC Industries will expect receipt of trade-in vehicle upon delivery of new equipment as part of the terms of the purchase order unless other arrangements have been made. 14 The final fully loaded weight of the truck and structural ratings of the hitch assembly may reduce the towing capacity and the vertical load capacity of the finished truck. These capacities may not match the ratings of the chassis or hitch. 15 Altec takes pride in offering solutions that provide a safer work environment for our customers. In an effort to focus on safety, we would encourage you to consider the following items: Outrigger pads (When Applicable) Fall Protection System Fire extinguisher/DOT kit Platform Liner (When Applicable) Altec Sentry Training Wheel Chocks The aforementioned equipment can be offered in our new equipment quotations. If you find that any of these items have not been listed as priced options with an item number in the body of your quotation and are required by your company, we would encourage you to contact your Altec Account Manager and have an updated quote version sent to you. These options must be listed with an item number in the quotation for them to be supplied by Altec. 16 Altec values your data privacy. The Altec Family of Companies (including Altec, Inc., and it's subsidiaries) may collect telematics data from the equipment you own. Please review Altec's Equipment Data Privacy Notice on www.aftec.com for more information. By purchasing equipment from Altec, you consent to Altec's right to collect and use such data. 17 RECOMMENDED OPTIONS AND ACCESSORIES: These options are not included in the quote total price. Selected options will change the quote total. Any options added after initial order will be re -quoted. We Wish To Thank You For Giving Us The Pleasure And Opportunity of Serving You UTILITY EQUIPMENT AND BODIES SINCE 1929 Page 11 of 11 Quoted for: City of Iowa City Customer Contact: Phone: / Email: Phone: / Email: Altec Account Manager: Kolby O'Brien Quote Number: 1607194 ,dunity Number: 24105490 Sourcewell REFERENCE ALTEC MODEL Price LRB56RM I Overcenter Articulatino Aerial Device Insulated $222 368 A. SOURCEWELL OPTIONS ON CONTRACT Unit 11 LR856RM-US58 58' Boom Height LR858-RM $8,018 2 31 1 4 (Al.) SOURCEWELL OPTIONS ON CONTRACT (General) SOURCEWELL OPTIONS TOTAL: 1 $230,386 (B.) OPEN MARKET ITEMS (Customer Requested) 1 UNIT $0 2 UNIT & HYDRAULIC ACC $0 3 BODY $0 4 BODY & CHASSIS ACC $0 5 ELECTRICAL $0 6 FINISHING $0 7 CHASSIS 2025 M2-106 33k Chassis with Air Brakes -$1,594 8 OTHER Altec Model Year Price Adjustment OPEN MARKET OPTIONS TOTAL: -$26,946 -$28,540 SUB -TOTAL FOR UNIT/BODY/CHASSIS: $201,846.00 Delivery to Customer: $4,022.00 Extended Warranty: FET: CA Doc/AdmiNTire Fees: Estimated Taxes L_%): TOTAL FOR UNIT/BODY/CHASSIS: $205,868.00 "Pricing valid for 45 days`" NOTES PRICING: Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are budgetary only due to irregular cost inflation and market volatility. These prices will be reviewed based on market conditions and confirmed closer to the production date. Quotes and orders with chassis model year beyond the current open order bank, should be considered estimates only. Altec's tum -key pricing is subject to change in accordance with chassis pricing received from the OEM. Chassis model year, specifications and price will be reviewed and confirmed when specific model year information becomes available from the OEM and that chassis price difference will be passed through to the Customer. PAINT COLOR: White to match chassis, unless otherwise specified WARRANTY: Standard Altec Warranty for Aerials and Derricks - One (1) year parts warranty One (1) year labor warranty Ninety (90) TO ORDER: To order, please contact the Altec Account Manager listed above. CHASSIS: Per Altec Commercial Standard DELIVERY: No later than 4-6 months ARO, FOB Customer Location TERMS: Net 30 days BEST VALUE: Alum boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In -Service Training with Every Order. TRADE-IN: Please ask your Altec Account Manager for more information BUILD LOCATION: Creedmoor 1607194 - City of Iowa City - LR8-58RM - Sourcewell 110421 -ALT Quote Template - 4-12-24 - Model Year 2027 (2) DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT Sourcewell 1 - Solicitation Number: RFP #110421 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Altec Industries, Inc., 210 Inverness Center Drive, Birmingham, AL 35242 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Utility Equipment with Related Accessories and Supplies from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires December 27, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8826-13AAF6448CM3 110421 -ALT Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Except as expressly agreed in the participating addendum or transaction document with the participating entity, all Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all new Equipment, Products, and Services furnished (which does not include equipment or products that are solely financed) are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions for the direct purchase of new equipment or products must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT 7. CUSTOMERSERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any negligent act or omission or willful misconduct in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8826-13AAF6448CM3 110421 -ALT promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. Rev. 3/2021 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: Rev. 3/2021 10 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate Rev. 3/2021 11 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or Rev. 3/2021 12 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 3/2021 13 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions. Rev. 3/2021 14 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 3/2021 15 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 3/2021 16 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. Rev. 3/2021 17 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 110421 -ALT T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at anytime, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewel I CDoeuSgned by: � s 6 ayf,� By: COFD2A139DOW9... Jeremy Schwartz Title: Chief Procurement Officer 1/12/2022 1 12:44 PM CST Date: Approved: E DeeuSigne by:M "a �Oaa ti By: 7E42BBF817A54CC... Chad Coauette Title: Executive Director/CEO 1/12/2022 1 1:06 PM CST Date: Altec Industries, Inc. CDoeuSgnetl by. fnwwa DDB79EWF5034DA... LI Riley Browne Title: Contract Specialist 1/12/2022 1 1:03 PM CST Date: Rev. 3/2021 18 DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 RFP 110421 - Public Utility Equipment with Related Accessories and Supplies Vendor Details Company Name: Altec Industries, Inc. Does your company conduct business under any other name? If Global Rental Cc Inc, JJ Kane Auctioneers, Altec Capital, Altec Supply, Altec Sentry, Altec Service yes, please state: Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. 33 Inverness Center Pkw Address: Birmingham, AL 35242 Contact: Riley Browne Email: riley.browne@altec.com Phone: 205-408-2341 HST#: Submission Details Created On: Thursday September 16, 2021 15:53:03 Submitted On: Thursday November 04, 2021 12:46:34 Submitted By: Riley Browne Email: riley.browne@altec.com Transaction #: d9f5703c-9b11-4637-9a77-a68682d8b3ec Submitter's IP Address: 209.149.164.250 Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (one legal entity only): (In the AUtec Industnes, Inc. event of award, will execute the resulting contract as "Supplier") 2 Identify all subsidiary entities of the Proposer whose AUtec Capital Services equipment, products, or services are included in the AUtec Service Proposal. JJ Kane Auctioneers AUtec NUECO AUtec Supply AUtec Sentry 3 Identify all applicable assumed names or DBA names of AUtec Industnes, Inc. the Proposer or Proposer's subsidiaries in Line 1 or AUtec Capital Services Line 2 above. AUtec Service JJ Kane Auctioneers AUtec NUECO AUtec Supply AUtec Sentry 4 Proposer Physical Address: Aftec Industries, Inc 210 Inverness Center Drive Birmingham, AL 35242 5 Proposer website address (or addresses): www.alteczom https://www.jjkane.com/ https:/Am .atec.com/altec-capital/ https:/Avww.alteacom/sewice/ https://connect.altec.com/store hftp:/Am.atec.com/atec-nueco hfps:/A m .altec.conVsafety/ https:/Avw .altec.com/atec-parts/ 6 Proposer's Authorized Representative (name, title, Riley Browne address, email address & phone) (The representative Contract Specialist must have authority to sign the "Proposer's Assurance nley.browne@altec.com of Compliance' on behalf of the Proposer and, in the 205-408-2341 event of award, will be expected to execute the resulting contract): 7 Proposer's primary contact for this proposal (name, title, Riley Browne address, email address & phone): Contract Specialist nley.browne@altec.com 205-408-2341 8 Proposer's other contacts for this proposal, if any Breanna Kinman (name, title, address, email address & phone): Contract Specialist breanna.kinman@altec.com 816-236-1296 Table 2: Company Information and Financial Strength Line Question Response* Item Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 9 Provide a brief history of your company, including your Altec is a leading provider of products and services to the public utility, electric utility, company's core values, business philosophy, and telecommunications, tree care, lights and signs, and contractor markets. Altec Inc. is the holding industry longevity related to the requested equipment, company for AUtec Industries, Inc. which holds Global Rental, AUtec NUECO,, JJ Kane Auctioneers, AUtec products or services. Worldwide, AUtec Capital, Altec Supply, AUtec Ventures, LLC, AUtec Spray Equipment, and Altec Air. We deliver products and services in more than 100 countries throughout the world. Since 1929, AUtec has been a company committed to excellence in the Public Utility Equipment industry. Our products are the industry leaders and consistently raise the bar through innovative product design, integrated safety features, and continued dedication to total customer satisfaction. ARec continues to pursue a singular business philosophy: To be recognized by customers as the preferred supplier of products, services and solutions in all markets we serve. Our values sustain that vision, our goals build upon it and our associates help us to achieve it. AUtec's values are the cornerstone of our corporate culture and every associate is considered an integral part of Team Altec. The history, tradition and culture of AUtec are founded on our core values (listed in alphabetical order): Customer first Enjoyment of work Family Financial stability Integrity People are our greatest strength Quality Spiritual development Teamwork 10 What are your company's expectations in the event of We hope to further strengthen our relationships with Sourcewell and government agencies through an award? cooperative purchasing. We want to achieve continued growth within our government business sectors and be recognized as the preferred supplier of hydraulic equipment solutions for Sourcewell and its members. 11 Demonstrate your financial strength and stability with AUtec Industries, Inc is a financially sound and conservatively managed company and has been in meaningful data. This could include such items as business for 93 years under the same family ownership. Because we are privately held we do not financial statements, SEC filings, credit and bond disclose detailed financial data, however please reference attached files "Financial Strength - Financial ratings, letters of credit, and detailed reference letters. Statement Letter', "Financial Strength - Bank Statement Letter", and "Financial Strength - Dun and Upload supporting documents (as applicable) in the Bradstreet Screenshot" for more information regarding our financial strength and stability. document upload section of your response. 12 What is your US market share for the solutions that We maintain a market share of approximately 70% for our core products. Non-core products are you are proposing? approximately 30%. 13 What is your Canadian market share for the solutions Canada market share is approximately 20%. that you are proposing? 14 Has your business ever petitioned for bankruptcy No, we have never petitioned for bankruptcy protection. protection? If so, explain in detail. 15 How is your organization best described: is it a Altec is a manufacturer with direct sales force. Our sales force consists of 100% direct employees of manufacturer, a distributor/dealer/reseller, or a service Altec. Our sales force covers all 50 States, Canada, and over 100 countries throughout the world. Our provider? Answer whichever question (either a) or b) service force is also 100% direct employees of Altec (both mobile service and service center just below) best applies to your organization. employees). We are a direct sale / service / manufacturing company and do not maintain a dealer a) If your company is best described as a network. Please see attached documents "Company Information - AUtec Production Facilities" distributor/dealer/reseller (or similar entity), provide your and "Company Information - AUtec Service Centers and Mobile Service Locations' written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 16 If applicable, provide a detailed explanation outlining Altec Industries holds all credible licenses and certifications necessary for providing goods and the licenses and certifications that are both required to services referenced in this RFP (related to OSHA/ANSI/ASME standards for manufacturing). Selected to Forbes list of America's Best Midsize Employers 2019 be held, and actually held, by your organization City of Seattle (Member # 25215) that your company has received in the past five years (including third parties and subcontractors that you use) We are ISO 9001:2015 certified for technical sales, application engineering, procurement, materials, Lewis County PUD (Member # 76495) in pursuit of the business contemplated by this RFP. final assembly, product creation, manufacturing, quality, and general processes related to production of electronic components, fiberglass structures and the final assembly of utility equipment at 2106 2017-2021 A1tec has been recognized as a top supplier for Avista, a US -based energy Riverside Rd, Saint Joseph, MO and the production of aerial devices and digger derricks at 5001 E. company serving eastern Washington, northern Idaho and parts of southern and eastern Oregon. Each 36 Hwy, Saint Joseph, MO. Technical sales, application engineering, materials, final assembly, manufacturing, product creation, and quality processes related to the production of specialty utility equipment at 3907 S. 48th Terr, company. Saint Joseph, MO. Altec was named one of the 'Best Places to Work' for 2017 by the Birmingham Business Manufacturing and quality processes related to the production of fiberglass structures and electronic components at 1009 Vernon Rd, Wathena, KS. Materials and quality processes at 5703 Mitchell Ave, Saint Joseph, MO. Altec Mt. Airy Associates won the Chairman's Award from the United Fund of Surry for 2017 Product creation and quality processes related to design validation activities at 4906 E. 36 Hwy, What percentage of your sales are to the Less than 10% of our sales are to the government. Saint Joseph, MO. governmental sector in the past three years Please see attached "Company Information - ISO Quality Certification" for more information 20 Employees of our plants hold welding certifications, Fluid Power Society certifications and various Less than 1% of our sales are to the education sector. engineering certifications, including Professional Engineering licenses sector in the past three years Account Managers who specialize in our Crane product lines are required to become Certified 21 List any state, provincial, or cooperative purchasing Operators every 5 -years, through our Sentry Operator Certification training program. ALTEC Industries, Inc. is capable of providing certification for equipment operators through our Sentry Commonwealth of Pennsylvania (Cc -Stars): Over $1MM training program. volume for each of these contracts over the past three Michigan MI Deal: Over $1MM Motor Vehicle Dealer Licenses in each state where applicable years? All of our facilities employ the Atec Production System which features the Kanban system of lean manufacturing. State of Ohio: Over $500k Authorized Representative Riley Browne and Government Sales Manager Elena Martinez hold Certified List any GSA contracts or Standing Offers and Supply GSA Contract GS30E-026GA, over $5MM annually. We also hold two DLA contracts with similar Schedules Contracts Manager (CSCM) certifications 17 Provide all "Suspension or Debarment" information that Altec has never been suspended or disbarred. has applied to your organization during the past ten annual sales volume for each of these contracts over years. Table 3: Industry Recognition & Marketplace Success Line Item question Response* 18 Describe any relevant industry awards or recognition Selected to Forbes list of America's Best Midsize Employers 2019 City of Seattle (Member # 25215) that your company has received in the past five years Altec won Exelon's 2017 Innovation Award based on the application and acceptance of our Lewis County PUD (Member # 76495) Bryan Watt JEMS product at all 4 Excelon companies. 2017-2021 A1tec has been recognized as a top supplier for Avista, a US -based energy company serving eastern Washington, northern Idaho and parts of southern and eastern Oregon. Each year, Avista uses a scorecard to rigorously rate suppliers' customer service and value provided to the company. Altec was named one of the 'Best Places to Work' for 2017 by the Birmingham Business Journal. Altec Mt. Airy Associates won the Chairman's Award from the United Fund of Surry for 2017 19 What percentage of your sales are to the Less than 10% of our sales are to the government. governmental sector in the past three years 20 What percentage of your sales are to the education Less than 1% of our sales are to the education sector. sector in the past three years 21 List any state, provincial, or cooperative purchasing Texas Multiple Award Schedule (TXMAS): Over $1MM contracts that you hold. What is the annual sales Commonwealth of Pennsylvania (Cc -Stars): Over $1MM volume for each of these contracts over the past three Michigan MI Deal: Over $1MM years? Washington State Purchasing Cooperative: Over $500k State of Ohio: Over $500k 22 List any GSA contracts or Standing Offers and Supply GSA Contract GS30E-026GA, over $5MM annually. We also hold two DLA contracts with similar Arrangements (SOSA) that you hold. What is the combined volume annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 23. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * 0 Los Angeles Department of Water and Power (Member # 40257) Contact Name * Joseph Ortiz Phone Number* 213-840-8489 City of Lakeland (Member # 4862) Dwayne Goostree 863-581-3443 City of Seattle (Member # 25215) Guy Noren 206-684-0141 Lewis County PUD (Member # 76495) Bryan Watt 360-748-9261 Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Table 5: Top Five Government or Education Customers Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction (s), and dollar volumes from the past three years. Entity Name Entity Type* State l Province* Scope of Work* Size of Transactions* DVolume Pas[Thr Atec employs a direct sales force of over 100 Account Managers who are dedicated to government and commercial sales and support within their respective territories. Their territories are established Yearsollar Federal Government Georgia - GA Located throughout US and world, Transaction sizes range from 1 Over $2M Government purchases Aerial Devices, Digger truck to multiple trucks per PO Agency provide expert knowledge to Sourcewell members of their benefits and usage. Altec's Sourcewell Derricks Federal Government California - CA Located throughout US and world, Transaction sizes range from 1 Over $2M Government Dealer network or other distribution methods. Altec is a factory direct sales / service company, we do not use dealer or distribution networks. purchases Aerial Devices, Digger truck to multiple trucks per PO Service force. Agency Derricks, Cranes, Atec has 44 Service Centers located throughout the United States and Canada. These facilities are equipped with the tools, equipment, and certified hydraulic technicians needed to get your Atec unit up Cable Pullers Federal Government District of Columbia Located throughout US and world, Transaction sizes range from 1 Over $2M Government - DC purchases Aerial Devices, Digger truck to multiple trucks per PO Agency Derricks, Cranes warranty, service and preventative maintenance solutions for our customers Federal Government District of Columbia Located throughout US and world, Transaction sizes range from 1 Over $2M Government - DC purchases Aerial Devices truck to multiple trucks per PO Agency Please see attached map "Company Information - Altec Service Centers and Mobile Service Locations" Local Government Government California- CA Purchases Aerial Devices and Service Transaction sizes generally are Over $2M Entity handled by distributors, dealers or others, explain the requirements, and an order can be sent to Altec Account Manager from customer in response to the Bodies greater than 5 per PO respective roles of the Proposer and others. Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item question Response* 25 Sales force. Atec employs a direct sales force of over 100 Account Managers who are dedicated to government and commercial sales and support within their respective territories. Their territories are established based on concentration of customers, and they live in their territories. Our Account Managers spend 100% of their time; communicating, consulting and managing customer's needs. The products represented in this RFP are core to our customers and industry, thus allowing our Account Managers to provide expert knowledge to Sourcewell members of their benefits and usage. Altec's Sourcewell contract is our preferred method by which to serve our government customers. There is no overlap in our sales and service functions 26 Dealer network or other distribution methods. Altec is a factory direct sales / service company, we do not use dealer or distribution networks. 27 Service force. All employees in our Service Force are employed by Altec Industries. Atec has 44 Service Centers located throughout the United States and Canada. These facilities are equipped with the tools, equipment, and certified hydraulic technicians needed to get your Atec unit up and running as soon as possible. The Altec Service Group employs over 150 Mobile Service Technicians nationwide that are available to be deployed to your location. Mobile service technicians are equipped with the trucks and tools needed to get your equipment serviced and back on the road as soon as possible. They provide on-site warranty, service and preventative maintenance solutions for our customers Additionally, Atec Mobile Service has 24 hour emergency assistance, as well as emergency storm coverage. There is no overlap in our sales and service functions. Please see attached map "Company Information - Altec Service Centers and Mobile Service Locations" that illustrate our service force coverage, and locations for our service centers. 28 Describe the ordering process. If orders will be Atec handles all quotes and orders directly. A quote will be created based on customer needs and handled by distributors, dealers or others, explain the requirements, and an order can be sent to Altec Account Manager from customer in response to the respective roles of the Proposer and others. quote. WI purchase orders are processed by Altec, as we are a factory direct company. We prefer a process whereas Sourcewell members issue purchase orders directly to us. Our Sourcewell quotes / orders are flagged in our system upon creation, and a report is run each quarter to report this sales data to Sourcewell. This process is the responsibility of a team at our corporate office with visibility of our word wide operations. Customers are also currently able to request quotes via our website, www.altec.com. Atec offers parts and accessory sales via our AtecConnect online portal, https:/hmw.altec.com/altec- connect which serves as a as a "one stop online shop" for ordering tools, supplies, accessories, replacement parts and for managing your fleet information. Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 29 Describe in detail the process and procedure of When you purchase from Altec, you invest in a relationship that spans the life of the equipment. Altec your customer service program, if applicable. Service Group backs up this promise with the most complete and comprehensive service and support Include your response -time capabilities and organization in the industry. We also offer the most complete line of parts for equipment repair and commitments, as well as any incentives that help maintenance, along with a technical support and training organization to train, educate, and problem your providers meet your stated service goals or solve. promises. As the only authorized dealer of genuine AUtec replacement parts, you can be assured that you will receive parts that meet the required AUtec Quality and Engineering standards. Our dedicated line for parts / service / sales needs is 877-GO-ALTEC, it is available 24 hours a day. Our objective is to answer all parts calls in under 10 seconds. We have 35 parts experts with more than 300 years of combined experience taking parts calls. We hold 29,000 active items on hand, and 92.5% of product lines ship within 24 hours. Customers will never be sent to voicemail when calling 877 -GO ALTEC for parts support. Additionally, a customer's Account Mangers will be available via their cell phones and email whenever needed, and during periods of natural disaster Altec will move resources into areas affected to provide parts and service work faster. We also offer Altec Connect, a more customer -focused experience that will allow our customers to view and search fleet information, order replacement parts and view APNs and service requests. In conjunction with the new Supply Store, Altec is dedicated to serving as a 'one stop online shop" for ordering tools, supplies, accessories, replacement parts and for managing your fleet information. https:/A m .altec.com/atec-connect 30 Describe your ability and willingness to provide your AUtec proposes to service the entire United States and Canada (with capabilities to service products and services to Sourcewell participating Internationally). entities in the United States. 31 Describe your ability and willingness to provide your AUtec proposes to service the entire United States and Canada (with capabilities to service products and services to Sourcewell participating Internationally). entities in Canada. 32 Identify any geographic areas of the United States AUtec proposes to service the entire United States and Canada (with capabilities to service or Canada that you will NOT be fully serving through Internationally). the proposed contract. 33 Identify any Sourcewell participating entity sectors AUtec proposes to service all Sourcewell members (i.e, government, education, not-for-profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 34 Define any specific contract requirements or AUtec will not have contract requirements or restrictions on Sourcewell members located in Hawaii, restrictions that would apply to our participating Aaska, or US Territories. The only difference in quoting will be shipping cost when a machine needs entities in Hawaii and Aaska and in US Territories. to travel via Ocean Freight. Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Table 7: Marketing Plan Line Item question Response* 35 Describe your marketing strategy for promoting The A1tec/Sourcewell marketing plan will include, the development of printed marketing materials, press this contract opportunity. Upload releases, advertisements, web -based marketing, and the attendance of trade shows. While in attendance at representative samples of your marketing trade shows with substantial Sourcewell eligible customers present, such as GFX A1tec will typically bring a materials (if applicable) in the document vehicle and display Sourcwell promotional material. The A1tec Government Sales team and Corporate upload section of your response. Communications Project Manager will be involved in all Sourcewell promotions corporate -wide. Altec will continue to help create content that drives awareness of cooperative purchasing, as represented by attached "Marketing Plan - A1tec Article". Examples of material are included "Marketing Plan - Sourcewell Value Flyer - A1tec", as well as "Marketing Plan - GFX 2021 A1tec Booth" for reference and "Marketing Plan - www.altec.com Sourcewell Landing Page" Our Account Managers being comfortable with the contract and well versed in how it works, may be our most impactful marketing strategy, as they are working with our customers regarding their equipment needs on a daily basis. Altec employs a National sales training team, that provided initial base sales training programs for all new Altec sales associates (both Account Managers and Technical Sales Specialists). Our Sourcewell contract is a topic in this training, and has dedicated time assigned to it. Thereafter, focused web -training modules and e -courses are used to provide a more procedural method for these types of sales calls. These materials will also serve as follow-up training for all associates with 2+ years of experience. Material is accessible 2417 on Altec's internal Sales Resource Center, please see "Marketing Plan - Internal Altec Resources". In addition to the training team, Altec employs a Government Sales team focused on the management of all federal, state and cooperative contracts. This team serves as the experts for the company, for associates in the field who need on -the -fly support. The Government team in tandem with a newly formed Contracts Steering Committee will communicate contract changes, improvements and regulations with the National sales force regularly. 36 Describe your use of technology and digital Website data allows Altec's marketing and IT teams the ability to measure customer activity as well as the data (e.g, social media, metadata usage) to health of the website in one tool. enhance marketing effectiveness. From a marketing perspective, we are able to analyze that our content effectively moves our users and customers through the sales funnel to increase leads. This information also helps us confirm that our content is satisfactory to support our traditional sales teams with accurate information that helps our customers make informed decisions about purchases. From an IT perspective, we are able to analyze information that relates to website health such as mobile usage, operating system and load times. This information allows us to make informed decisions about the priority of initiatives to improve Altec's digital presence. We maintain an active social presence through Facebook (over 253,000 likes, over 258,000 follows), along with other sites. 37 In your view, what is Sourcewell's role in Our experience has been that Sourcewell provides numerous opportunities for promotion of our products via promoting contracts arising out of this RFP? their own web traffic, tradeshow attendance and printed marketing materials. We hope this level of support How will you integrate a Sourcewell-awarded will continue with this new RFP. Our Sourcewell contract is integrated into our sales process as the preferred contract into your sales process? method of using Cooperative Purchasing. Our sales team is required to complete training on Sourcewell and cooperative purchasing as a whole, and new members of our team attend a live training that details the contract and internal processes. 38 Are your products or services available A1tec Connect provides for a more customer -focused experience that will allow our customers to view and through an e -procurement ordering process? If search fleet information, order replacement parts and view APNs and service requests. In conjunction with the so, describe your e -procurement system and new Supply Store, Altec is dedicated to serving as a "one stop online shop" for ordering tools, supplies, how governmental and educational customers accessories, replacement parts and for managing your fleet information. This system has been very well have used it. received by our customers, including governmental and educational customers because it reduces the number of places they need to go to get access to unit -specific information, replacement parts, tools, accessories, and service information. A1tec manages federal customer solicitations/RFQs via the GSA E -buy system, FedBid and several other public sites. Although, awards (POs) are still provided manually by the respective contracting officer, these sites offer a method of standardized RFQ submissions. Consumers are currently able to request new/used equipment, rental and leasing quotes via our website. Table 8: Value -Added Attributes Item Response* Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 39 Describe any product, equipment, Upon delivery of an Sourcewell member's completed equipment, the local Altec Account Manager provides maintenance, or operator training an on-site equipment orientation with the appropriate operators. This In -Service is provided free of charge. programs that you offer to Sourcewell Each truck is delivered with two (2) sets of operator and maintenance/parts manuals. Within the equipment participating entities. Include details, such manuals, the standard features, safe operation, maintenance and repair information are covered. These are as whether training is standard or provided flee of charge. optional, who provides training, and any Additionally, over 150 basic operating and safety videos are available on costs that apply. https://store.altecsentry.com/catalog/free flee of charge Atec, Sentry offers a variety of Instructor -Led courses for aerials, derricks and cranes. These OSHA and ANSI compliant courses aid in the fulfillment of employer training requirements. Many programs offer both Operator and Train -The -Trainer Formats. Additional costs apply based on duration of training, size of class, travel time for instructor, etc. Please navigate to https:/Avw.altec.com/safety/ for more information. The following Instructor -Led Trainings are Available: o Insulating Aerial Device o Non -Insulating Aerial o Tree Care Aerial Device o Bucket Rescue o Digger Derrick o Backyard Digger o Crane o Wood Chipper Atec Sentry also offers more than 80 online courses for cranes, aerial devices, digger derricks and chippers. Through a simple dashboard and storefront, operators can receive ANSI and OSHA -compliant General Training and Familiarization without the need for traditional classroom sessions. Other Atec Training options (additional costs apply): o Customized Atec equipment hydraulic maintenance training o International Fluid Power Society (IFPS) Certification training (testing provided by third party) o NCCCO certification programs for operators of mobile cranes and digger derricks 40 Describe any technological advances that Our products are the industry leaders and are consistently raising the bar through innovative product design, your proposed products or services offer. integrated safety features, and continued dedication to total customer satisfaction. Altec showcases this through advancements such as; Fiber Optic Controls Lanyard Detection System that promotes safe unit operation by helping to ensure line workers are "clipped in" while conducting work from the platform. This operator aid helps reduce the risk of falling from the platform by reminding users to attach their lanyard before working at height (available on select models) Altec Load Monitoring System (ALMS) acts as an aid to provide real-time visual and audible information about the percentage of rated load on your boom and/or platform. By actively monitoring your aerial's load capacity with a reliable system, you can avoid accidents and enhance safety on the job site (available on select models) JEMS (Jobsite Energy Management System) wtih it's integrated plug-in system that uses stored electrical energy to power the aerial device, tools and exportable power, and provides cab comfort with Lithium -Ion batteries (available on select models) Advanced paint systems And many other was we keep our customers working safer and smarter 41 Describe any "green" initiatives that relate Atec is the industry leader for sustainability efforts and is dedicated to listening and creating solutions. That's to your company or to your products or why we acknowledge the tremendous challenges and opportunities our customers face and aspire to responsibly services, and include a list of the care for the environment and the communities in which we operate. Atec's allegiance is evident in the certifying agency for each. development of numerous sustainability initiatives: The Industry's First Green -Focused Facility. Located in Dixon, CA Altec products are manufactured in a plant that features state-of-the-art sustainable construction that exceeds Title 24 energy and lighting codes. Altec received significant guidance and support on the development of this new green -focused facility from two of its customers — Pacific Gas & Electric Company (PG&E) and Southern California Edison. The new facility in Dixon allows Atec the opportunity to increase manufacturing of our Green Fleet line of products --the industry's leading energy-saving utility vehicles. Customer PG&E and Atec are in partnership to develop innovative, technologically advanced Green Fleet utility vehicles. These energy efficient Green Fleet vehicles provide a safer work environment for utility crews; significantly reduce emissions, and lower vehicle operating costs while extending vehicle life. Meeting Customer Needs. Our Green Fleet product line decreases fuel consumption and greenhouse gas emissions, while lowering noise pollution. In partnership with the Department of Energy, Electric Partners Research Institute, CALSTART Hybrid Truck Users Forum and others, we offer a range of hybrid/electric and Job - site energy management systems, along with recycled lightweight materials and alternative fuels. Atec JEMS (Jobsite Energy Management System) is an integrated plug-in system that uses stored electrical energy to power the aerial device, tools and exportable power, and provides cab comfort. The energy storage system is recharged by plugging into shore power or by the truck's internal combustion engine. Our JEMS product portfolio includes: o JEMS S o JEMS SE o JEMS LE Facilities and Processes. Each Altec facility has established procedures and environmental management programs and actively engages in recycling steel, copper and aluminum, as well as consumer recyclables. The installation of powder coat and a -coat paint systems has substantially reduced solid waste volume and air emissions. All facilities in the corporation, including auction yards and service centers, have converted to energy efficient LED lighting. Al new construction is reviewed and where applicable, energy efficiency products/construction are included (i.e., LED lighting, high efficiency gas burners, Energy Star appliances, motion activated lighting , etc.). Our St. Joseph, MO facility has installed solar energy on three of the buildings on campus. Altec EcoEasy Common Sustainability Goals. Green purchasing policies using Best -Value approach utilizing Staples' environmental office products and supplies has been implemented Corporate wide. 42 Identify any third -party issued eco -labels, HVIP - Voucher Incentive Project for our Jobsite Energy Management System models. Visit ratings or certifications that your company https://califbrniahvip.orgtvehicl&category/epto/ for more information has received for the equipment or Industry Organizations affiliations: products included in your Proposal related Calstart to energy efficiency or conservation, life- Clean Cities cycle design (cradle -to -cradle), or other green/sustainability factors. Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Describe any Women or Minority Atec recognizes that a diverse and talented workforce is a key competitive advantage. Jur business success Business Entity (WMBE), Small Business is reflected in the quality and skill of our people. Inclusion means understanding, valuing and respecting Entity (SBE), or veteran owned business workplace diversity, so that no associate is excluded from the workplace nor the opportunity to develop skills certifications that your company or hub and talents consistent with our values and business objectives. partners have obtained. Upload documentation of certification (as Altec Industries, Inc. and its affiliates are equal opportunity employers and maintain affirmative action plans to applicable) in the document upload recruit, retain, develop and promote qualified individuals without unlawful consideration of race, gender, color, section of your response. religion, sexual orientation, national origin, age, disability, citizenship status, veteran status, or any other characteristic protected by federal, state or local law. is a National Corporate Member of the Women's Business Enterprise National Council. As part of our commitments to holding federal contracts, Altec is annually responsible to providing a small- business contracting plan which is reviewed and approved by one of our two federal contract agencies. Every year, we strive to find small business suppliers who will meet the quality and liability requirements, to supply products/services that meettexceed our manufacturing standards. Suppliers who are interested in doing business with Altec are encouraged to register on our Supplier portal, located on our website. Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 unique attributes does your Atec offers Sourcewell members the advantage of working with one company to manufacture, sell, engineer, any, your products, or your services integrate key components (unit/body/chassis), administer warranty, and provide service solutions for a full line of to Sourcewell participating entities? Public Utility Equipment. makes your proposed solutions e in your industry as it applies to We can provide full equipment lifecycle solutions, including: ewell participating entities? o Atec Capital Services (ACS) - Equipment Financing o Global Rental Company - Equipment Rentals o Atec Supply - Tool and Accessory Sales o Atec Sentry - Operator Safety Training o Altec Fleet Services - Comprehensive Fleet Management Solutions o Atec Service Group - In -shop and Mobile service and replacement parts support o Atec NUECO Used EquipmenUTrade-In options (The only supplier of Atec Certified Pre -Owned Trucks) o JJ Kane Auctioneers - Auctions - (Specializes in Utility Equipment) Canadian and World Wide Availability: o Atec Canada - Factory direct purchasing solutions for our Sourcewell Canadian customers with local Sales, parts, shop and mobile service, rental, and financing. o Atec Worldwide — We deliver products and services to more than 100 companies throughout the world. Company Ownership: Altec has been a family owned and privately held manufacturing company, since 1929. Longevity in ownership, is an assurance for our Sourcewell customers that they can rely on availability of older Atec replacement parts, ensure Atec units are trade -worthy at a future date, and ultimately that the values and principles Atec was founded on remain in place today - Total customer satisfaction in all aspects of the business. Customer Focus: Atec listens and engineers solutions for our customers and the daily challenges they face. It is from that commitment, that innovative equipment, features and options are designed to provide equipment that is highly productive and has a low overall cost of ownership. Government Focused Sales: Altec is committed to assisting in the acquisition and procurement goals of each government entity we serve. Having a team who is both engaged in the customer relationship and also procurement process, assists Sourcewell members achieve their procurement goals effectively and efficiently. Innovative Design: Our products are consistently raising the bar with innovative product design and integrated safety features. ISO Facility: Many units are designed, manufactured and final assembled in an IS09001 registered factory (St. Joseph, MO). Supply Chain Innitiatives: Atec continues to make significant efforts corporate -wide to reduce and contain costs by using the Atec Production System and strengthening our supply chain. Quality Control: Altec provides the ability to control quality by manufacturing parts for our equipment. This allows us not only quality control but schedule control. o Altec feels that the fiberglass boom is one of the most important components in the building of an aerial device or a digger derrick. We don't have to rely on an outside vendor for quality control. Altec has composite engineers on staff, we have traceability from raw material to the finished product. o WI booms ultrasonically tested and documents maintained. o WI fiberglass booms to have a minimum of 7 to 1 to ultimate safety factor. o All welding to be done by AWS certified welders who meet Standard D1.1 on a 3G weld. o All bearing surfaces to be machined after welding. o All units with electronic circuit boards to be wave soldered o Provide a power distribution module (PDM) in the cab as a central point for all electrical. Include diagnostic capability with LED lights. Mechanic Certification: All quality and final testing of equipment prior to shipment from manufacturer and final assembler to be performed by FPS certified mechanics. Safety Certification Training: To promote and ensure the safe operation of our equipment amongst our Sourcewell members, Atec offers numerous OSHA based training CBTs and Trainer led safety programs. Atec SENTRY complies and demonstrates the vital safety features necessary for the industries in which we serve. Safety Standards: Standard Safety features are provided on every applicable unit; outrigger boom Interlock, outrigger motion alarm, back up alarm, unit/outrigger selector, Atec ISO Grip (Insulated Control Handle, Auxiliary Control Covers, Control Console (dashboard), Boom Tip Covers). Available tools; Lanyard interlock, Load Monitoring Systems, Basic Operating Videos, Safety Videos, Sales Videos. Corporate Training: People (training and certifications), process (a controlled process that provides traceability and accountability) and technology (machinery used) makes Altec a differencing Vendor. Most of our products have a limited lifetime structural warranty. National Service / Support Network: As a private company dedicated to our customers and associates, Altec leads the way in service and customer satisfaction in the markets we serve. Atec is proud to provide products and services that help crews work safer and smarter. o On-line ordering is available at www.altecconnect.com. Atec Connect provides easy access to ordering Tools and Accessories or Replacement Parts, as well as detailed manuals and parts information for your units. o Altec is committed to bringing you the services and products you need. For additional assistance with Parts, Tools, & Accessories, Shop Service, Mobile Service, or Technical Support, call 1 -877 -GO ALTEC. Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 52 45 Do your warranties cover all products, parts, and labor? Yes, our standard warranty is 1 year parts and labor, with 90 days for travel. Additionally it methods? credit cards (There is a fee of 3% for credit card transactions used for the purchase of major units). Please includes a limited lifetime warranty on most models. Please see attached "Warranty - see attached document "Payment Terms - Customer Detail" for complete details Documents" for more information 46 Do your warranties impose usage restrictions or other No restrictions, however products must be operated and maintained in accordance with A1tec Manager. limitations that adversely affect coverage? operators and maintenance manuals, programs, and bulletins. Please see A1tec Industries provides Leasing and/or financing options through our subsidiary A1tec Capital. Options use by educational or governmental entities. attached "Warranty - Documents" for more information 47 Do your warranties cover the expense of technicians' travel Yes, standard warranty is 90 days for travel charges. The benefits of our Municipal Lease option include: time and mileage to perform warranty repairs? Finance terms to match the useful life of the equipment. 48 Are there any geographic regions of the United States or No, A1tec employs Mobile Service Technicians in all 50 states and Canada. We own and Canada (as applicable) for which you cannot provide a operate 44 service facilities across the United States and Canada. It will be the member's Match payments with budget allocations. certified technician to perform warranty repairs? How will decision to schedule a Mobile Service Technician to come to their site or schedule in shop Non -appropriation language included. Sourcewell participating entities in these regions be provided service. In either case, 1 -877 -GO ALTEC (1-877-462-5832) is our dedicated number for service for warranty repair? members to speak with their local Parts, Mobile, or Shop Service representative. 49 Wil you cover warranty service for items made by other Products not manufactured by Altec which are supplied by A1tec on special order would be of the unit plus the lease term cannot exceed 8 years manufacturers that are part of your proposal, or are these covered under the manufacturer warranty. This would include items such as inverters, warranties issues typically passed on to the original compressors, Iifigates, generators, etc. Credit Ratings - Baa or better equipment manufacturer? Contact A1tec Capital for a quote for your specific opportunity. 50 What are your proposed exchange and return programs and Parts ordered in error or no longer needed can be returned. If it was an error on Altec's policies? part or otherwise not the customer's fault the 10% restocking fee will be waived. However. Capital Services, LLC offers to our customers in an effort to become your partner. due to the nature of our equipment and the devaluation that occurs upon title / registration, Please feel free to visit http:/hmw.alteccapital.com for more information. 54 Describe any standard transaction documents that you there is no exchange or return program for equipment sales. 51 Describe any service contract options for the items included We have included in our product offering service contract packages for member (order forms, terms and conditions, service level ensure we are quoting in a compliant manner. Please see attached "Audit - Standard Docs - Quote Template in your proposal. consideration at discounted rates. These include Preventative Maintenance (PM) Inspections Example". We will typically also include a detailed quote document, in order for customer to verify their applicable) in the document upload section of your at several different intervals, DOT inspections, Dielectric Tests. Table 10: Payment Terms and Financing Options Line Item Question Response* 52 Describe your payment terms and accepted payment Payment Terms are Net 30. We accept payment by traditional methods such as check, wire transfer, and methods? credit cards (There is a fee of 3% for credit card transactions used for the purchase of major units). Please see attached document "Payment Terms - Customer Detail" for complete details Customer payment inquiries can be sent to ARINQUIRY@4LTEC.COM or your local A1tec Account Manager. Customer remittance information cab be sent to AEPREMITTANCE@4LTEC.COM or your local A1tec Account Manager. 53 Describe any leasing or financing options available for A1tec Industries provides Leasing and/or financing options through our subsidiary A1tec Capital. Options use by educational or governmental entities. include FMV, TRAC, and Capital leases, Equipment Finance Agreements (EFAs), and a dedicated Municipal Lease option to meet the equipment needs of our municipal customers. The benefits of our Municipal Lease option include: Finance terms to match the useful life of the equipment. Flexible lease options to shorten life cycles and decrease maintenance costs. Conserves capital budget funds. Match payments with budget allocations. Non -appropriation language included. Equipment - A1tec aerial trucks, digger derricks, cranes and miscellaneous specialty equipment. Ancillary non- A1tec equipment will also be considered along with the leasing of Altec equipment Lease Term - 3 years to 8 years. Please call for shorter or longer lease terms. For used equipment, the age of the unit plus the lease term cannot exceed 8 years Purchase rates shown on attached document "Price List - A1tec Capital Rate Matrix 11-1-2021" are good for 30 days from Date shown above. Credit Ratings - Baa or better Contact A1tec Capital for a quote for your specific opportunity. Wth Altec Capital Services, there is no need to look anywhere else. Municipalities can now affordably purchase equipment in a timely, simplified way. The municipal lease offering is another product that Altec Capital Services, LLC offers to our customers in an effort to become your partner. Please feel free to visit http:/hmw.alteccapital.com for more information. 54 Describe any standard transaction documents that you Each opportunity will be quoted to customer, in compliance with Sourcewell contract terms and conditions propose to use in connection with an awarded contract including pricing and discount structure. A1tec has created templates to help standardize the work practice and (order forms, terms and conditions, service level ensure we are quoting in a compliant manner. Please see attached "Audit - Standard Docs - Quote Template agreements, etc.). Upload a sample of each (as Example". We will typically also include a detailed quote document, in order for customer to verify their applicable) in the document upload section of your requirements are being met with our proposal. This document will include additional notes at the end. Please response. see attached "Standard Docs - Detailed Quote Document Example". 55 Do you accept the P -card procurement and payment Yes A1tec accepts the P -card, there is a fee of 3% for credit card transactions used for the purchase of process? If so, is there any additional cost to major units Sourcewell participating entities for using this process? Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item question Response* 56 Describe your pricing model (e.g., line -item discounts or product -category Line Item Proposed Contract Pricing plus $2.20/mile delivery charge (CONUS discounts). Provide detailed pricing data (including standard or list only). The pricing provided includes a discount of between 3% - 5% off MSRP pricing and the Sourcewell discounted price) on all of the items that you depending on the model. Please see attached "Price List - ALTEC 110421 11 -4 - want Sourcewell to consider as part of your RFP response. If applicable, 2021" for USA and 'Price List - ALTEC 110421 11-4-2021 CANADA" for provide a SKU for each item in your proposal. Upload your pricing Canada . NUECO pricing sheet is attached as well and represents a 3% discount materials (if applicable) in the document upload section of your response. off of standard pricing 'Price List - NUECO - 2021" JJ Kane Auctioneers, an Altec company, is a full-service auction company that specializes in the remarketing of Utility and Forestry Equipment including but not limited to aerial lifts, cranes, digger derricks, cable placing machines, directional drills, excavation equipment, and trenchers, is offering Sourcewell members a 28.6% savings off their typical sellers fee. Please see attached 'Price List - and Notes JJ Kane" Altec Capital rate sheet is attached 'Price List - Altec Capital Rate Matrix 11-1- 2021" as well as "Altec Capital Sourcewell Proposal'. These rates are based on a credit rating of Baa or better, and are not to exceed rates. There is no more aggressive pricing available in the country for cooperative procurement organizations, state purchasing departments, GPOs, municipalities, universities, or school districts. 57 Quantify the pricing discount represented by the pricing proposal in this Line Item Proposed Contract Pricing plus $2.20/mile delivery charge (CONUS response. For example, if the pricing in your response represents a only). The pricing provided includes a discount of between 3% - 5% off MSRP percentage discount from MSRP or list, state the percentage or depending on the model. Please see attached 'Price List - ALTEC 110421 11 -4 - percentage range. 2021" for USA and 'Price List - ALTEC 110421 11-4-2021 CANADA" for Canada . NUECO pricing sheet is attached as well and represents a 3% discount off of standard pricing "Price List - NUECO - 2021" JJ Kane Auctioneers, an Altec company, is a full-service auction company that specializes in the remarketing of Utility and Forestry Equipment including but not limited to aerial lifts, cranes, digger derricks, cable placing machines, directional drills, excavation equipment, and trenchers, is offering Sourcewell members a 28.6% savings off their typical sellers fee. Please see attached 'Price List - and Notes JJ Kane" Altec Capital rate sheet is attached 'Price List - Altec Capital Rate Matrix 11-1- 2021" as well as "Altec Capital Sourcewell Proposal'. These rates are based on a credit rating of Baa or better, and are not to exceed rates. There is no more aggressive pricing available in the country for cooperative procurement organizations, state purchasing departments, GPOs, municipalities, universities, or school districts. 58 Describe any quantity or volume discounts or rebate programs that you For equipment purchase prices: offer. 2-5 Units: 1% Discount from Contract Price 6-10 Units: 1.5% Discount from Contract Price 11-19 Units: 2% Discount form Contract Price 20+ Units: TBD at Time of Order Note: Units must be identical and ordered at the same time to qualify for quantity rebate. 59 Propose a method of facilitating "sourced" products or related services, AUtec is offering nearly 500 of our most commonly ordered line items with specific which may be referred to as 'open market' items or 'nonstandard pricing for Sourcwell members. When specific customer work practice options". For example, you may supply such items "at cost" or "at cost requirements, customer preferences, ect, drive a need to utilize the Open Market plus a percentage," or you may supply a quote for each such request. section of our quote template, we will present a unique quote for each such request for customer review that will supplement the base model and contract items being quoted. This will all be accomplished with our standard quote template document, and allow our customers to be able to customize their equipment as desired. 60 Identify any element of the total cost of acquisition that is NOT included Delivery is the only cost not included in pricing. It applies to all customers and the in the pricing submitted with your response. This includes all additional price is $2.20 / mile for CONUS. Quotes would need to done for anything outside charges associated with a purchase that are not directly identified as of the CONUS and will be priced at or below fair market value. freight or shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 61 If freight, delivery, or shipping is an additional cost to the Sourcewell AUtec has a team of drivers that work for the company. We will also contract with participating entity, describe in detail the complete freight, shipping, and approved and vetted third party drive away companies to deliver our equipment delivery program. from our manufacturing facilities to the customer site. Delivery is an additional $2.20 / mile and will be calculated at time of quote for CONUS. Anything outside of the CONUS would be contracted through a third party company and would need to be priced at time of initial quote to customer. Pricing will be at or below fair market value. Al parties participating in delivery of equipment will meet certain insurance and liability requirements. 62 Specifically describe freight, shipping, and delivery terms or programs Canada deliveries will be driven to customer site by approved and vetted third available for Alaska, Hawaii, Canada, or any offshore delivery. party drive away companies. AVaska, Hawaii, and worldwide deliveries will be contracted through a third party company and would need to be priced at time of initial quote to customer. Price will be at or below fair market rate. Al parties participating in delivery of equipment will meet certain insurance and liability requirements. Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 63 Describe any unique distribution and/or delivery methods or options Atec Industries has manufacturing facilities located throughout the country. If 64 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. offered in your proposal. customer has a requirement for a "regional build" they can indicate this at time of pricing available in the country to verify compliance with your proposed Contract with Sourcewell. This process quote and we will be happy to accommodate, please see attached "Company for cooperative procurement includes ensuring that Sourcewell participating entities obtain the proper pricing, Information - Atec Production Facilities" for locations. If customer has any unique departments, GPOs, municipalities, delivery requirements (such as loading equipment on a trailer for delivery, etc), universities, or school districts. Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail they can also indicate at time of quote. Additionally customers are welcome to to support your ability to report quarterly sales to Sourcewell as described in the pickup their equipment at the manufacturing location, take a guided tour of the Contract template. plant, and meet the Atec team that built their truck if desired. Table 12: Pricing Offered Line Item The Pricing One in this Proposal is: * Comments 64 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. There is no more aggressive Our Technical Sales Representatives that prepare Sourcewell quotes for pricing available in the country to verify compliance with your proposed Contract with Sourcewell. This process our customers go through training on the Sourcewell quote process, for cooperative procurement includes ensuring that Sourcewell participating entities obtain the proper pricing, organizations, state purchasing departments, GPOs, municipalities, internal company site. The quote template governs our pricing and ensures universities, or school districts. Table 13: Audit and Administrative Fee Line Item question Response* 65 Specifically describe any self audit process or program that you plan to employ Our Technical Sales Representatives that prepare Sourcewell quotes for to verify compliance with your proposed Contract with Sourcewell. This process our customers go through training on the Sourcewell quote process, includes ensuring that Sourcewell participating entities obtain the proper pricing, requirements, and our quote template is up to date and posted on our that the Vendor reports all sales under the Contract each quarter, and that the internal company site. The quote template governs our pricing and ensures Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail we are providing contract compliant quotes. Our Account Managers must to support your ability to report quarterly sales to Sourcewell as described in the verify customer eligibility and flag the opportunity as a Sourcewell quote in Contract template. our system in order to receive Sourcewell pricing and discounts. We currently, and will continue to run quarterly reports for orders invoiced and flagged as Sourcewell, and compare the customers on this list with members listed on Sourcewell's website to check again that customers are members. The reporting and audit process is administered by Altec Corporate, with visibility of global operations. Internally, we run reports every month and identify any potential discrepancies before it is time to report our quarterly numbers and pay administrative fee to Sourcewell. Please see attached "Audit - Standard Docs - Quote Template Example". We will typically also include a detailed quote document, in order for customer to verify their equipment requirements are being met with our proposal. This document may include additional notes at the end. Please see attached "Standard Docs - Detailed Quote Document Example". 66 If you are awarded a contract, provide a few examples of internal metrics that Monthly update on new customers using our Sourcewell contract. will be tracked to measure whether you are having success with the contract. Customers that use our Rental Equipment contract #062320 -ALT that we are able to transition and fulfill other equipment needs with this new contract. Also number and ratio of formal bids that are being requested by our Sourcewell eligible customers. Training for 100% of Account Managers and Technical Sales Representatives on benefits and use of contract. 67 Identify a proposed administrative fee that you will pay to Sourcewell for We would like to propose a 1% administrative fee payment to Sourcewell facilitating, managing, and promoting the Sourcewell Contract in the event that on all orders through Atec Industries, including NUECO, Service, Supply you are awarded a Contract. This fee is typically calculated as a percentage of and SENTRY. Vendor's sales under the Contract or as a per-unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for Altec Capital proposes a flat $250 fee for lease transactions under the additional details.) Sourcewell Contract. We propose an administrative fee of 1% of JJ Kane revenue (buyers fee and sellers fee). Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item question Response* 68 Provide a detailed description of the equipment, Altec is proposing Sourcewell members have access to essentially our full product line of equipment, products, and services that you are offering in your products, and services to enhance Alteds "cradle to grave' support of our products and provide proposal. Sourcewell members with the best possible experience. Equipment is proposed as 'turn -key". This would include: Insulated Aerial Devices with standard service bodies and chip dump bodies mounted on chassis (non-overcenter, overcenter, telescopic and telescopic articulating) Non -Insulated Aerial Devices with standard service bodies mounted on chassis (non-overcenter, overcenter, telescopic and telescopic articulating) FUtec's Aerial offerings include material handling and personnel only platforms, with platform heights from 35' to 207' Derrick Devices with standard service bodies mounted on chassis (backyard, distribution and transmission) Boom Truck Cranes mounted on chassis (riding seat, behind cab mount, rear mount and tractor mount) Knuckle Boom Cranes mounted on chassis (light, medium and large) Knuckle Boom Crane Mounted Grapple Saws mounted on chassis Pressure Diggers mounted on chassis (digging depth from 10-22 R) Insulator Washers mounted on chassis and skids Cable Placers, Stringers, Tensioners and Pullers mounted on chassis or trailers (overhead and underground) Wood Chippers Spray Equipment mounted on chassis Spray Equipment mounted on skids Service Bodies mounted on chassis (aluminum, fiberglass and steel) Chip Dump Bodies mounted on chassis. Pole Trailers Tool Trailers Crane Bodies mounted on chassis Altec Capital Services - financing AUtec Service - maintenance and service work JJ Kane Auctioneers - specializes in the remarketing of Utility Equipment AUtec NUECO - the only supplier of Altec Certified Pre -Owned Trucks AUtec Supply - replacement parts and accessories AUtec Sentry - training Please visit our website at www.altec.com for more product specific details, and see attached file "Company Information - AUtec Subsidiary Information'. 69 Wthin this RFP category there may besubcategories Altec Capital Services - financing of solutions. List subcategory titles that best describe Atec Service -maintenance and service work your products and services. JJ Kane Auctioneers - specializes in the remarketing of Utility Equipment AUtec NUECO - the only supplier of Altec Certified Pre -Owned Trucks AUtec Supply - replacement parts and accessories AUtec Sentry - training Please and see attached file "Company Information - Altec Subsidiary Information". Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Table 1413: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type unerevillill Comments 70 Telescopic, articulated, mast, and boom, aerial lifts, towers, r Yes Equipment is proposed as "turn -key' and buckets, and platforms r No would include: Insulated Aerial Devices with standard service bodies and chip dump bodies mounted on chassis (non-overcenter, overcenter, telescopic and telescopic articulating) Non -Insulated Aerial Devices with standard service bodies mounted on chassis (non-overcenter, overcenter, telescopic and telescopic articulating) FUtec's Aerial offerings include material handling and personnel only platforms, with platform heights from 35' to 207' 71 Digger derricks, and cable placing, pulling, and tensioning r Yes Equipment is proposed as "turn -key' and equipment r No would include: Derrick Devices with standard service bodies mounted on chassis (backyard, distribution and transmission) Cable Placers, Stringers, Tensioners and Pullers mounted on chassis or trailers (overhead and underground) 72 Directional drills, trenchless excavation equipment, thrust and r Yes Equipment is proposed as "turn -key' and boring machines, soil piercing tools, trenchers, rock wheels, r No would include: and pile drivers Pressure Diggers mounted on chassis (digging depth from 10-22 ft) 73 Utility locating equipment r Yes Atec has utility locating equipment available r No for purchase with new equipment, or through Atec Supply 74 Accessories, supplies, replacement or wear parts, and r Yes Atec has accessory items and supplies services related to the offering of equipment in Lines 69-72 r No available with the purchase of new equipment, and through Altec Supply. We have included service contract packages for member consideration. These include PM Inspections at several different intervals, DOT inspections, Dielectric Tests, with options to pre -purchase with new equipment, or purchase after equipment has been delivered. Additionally training through our Sentry group is included in our package. Due to the complex nature of our service offerings for repair, and the large geographic area our facilities cover, we are not providing a repair program offering at this time, with this proposal offering. We are providing a program for preventative maintenance (PM inspections, DOT inspections, Dielectric Tests, etc). Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in ord, Excel, or compatible formats may also be provided. . Documents should NOT have a security password, as Sourcewell may not be able to open the file. t is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blan and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. f you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. f the zipped file contains more than one (1) document, ensure each document is named, in relation tothe submission format Rem responding to. For example, R responding tothe Mar efing Plan category save the document as "Mar eting Plan" • Pricing - Price Lists.zip- Thursday November 04, 011: 8:47 • Financial Strength and Stability -Financial Strength and Stability.zip-Thursday November 04, 0 1 1 :9:41 • Mareting Plan/Samples - Mareting Plan-Samples.zip-Thursday November04, 011:3: • M E/M E/S E or elated Certificates (optional) • arranty nfornation- arranty- Documents.pdf -Thursday November04, 011 :3:56 • Standard Transaction Document Samples- Standard Transaction Document Samples.zip-Thursday November04, 011:35:18 • pload Additional Document-Altec Capital Sourcewell Proposal.docx-Thursday November04, 011:35:40 Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative ofthe Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons' list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: httos://w .treasurv.aov/ofac/downloads/sdnlist.odf; 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: httos://sam.aov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. W By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Riley Browne, Contract Specialist, Altec Industries, Inc. The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. DocuSign Envelope ID: 8D47303F-D51 E-455F-8B26-BAAF6448C9A3 Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum _4_Public _ Utility_Equipment_RFP_110421 Thu October 14 2021 04:33 PM Addendum_ 3_Public _ Utility_Equipment_RFP_110421 Mon September 27 2021 05:28 PM Addendum 2 Public Utility_Equipment_RFP_110421 Fri September 24 2021 03:55 PM Addendum_1 _Publi c_ Utility_Equipment_RFP_110421 Mon September 20 2021 02:54 PM Bid Number: RFP 110421 Vendor Name: Altec Industries, Inc. 5/29/24,10:18 AM Sourcewell -Pd�M A[tec Industries Altec Industries: Contract 110421 -ALT I Sourcewell Digger derricks, bucket trucks, and utility equipment #110421 -ALT Maturity Date: 12/27/2025 Website: altec.com/sourcewell Z Products & Services v Products & Services Sourcewell contract 110421 -ALT gives access to the following types of goods and services: o Bucket trucks & aerial devices o Digger derricks o Boom truck & knuckle cranes o Service & chip dump bodies o Cable handling o Spray trucks & skids o Pole trailers o Tools & accessories o Training o Equipment financing o Auction services o Preventive maintenance Additional information can be found on the vendor -provided, nongovernment website at: altec.com/sourcewell Z https://www.sourcewell-mn.gov/cooperative-purchasing/l10421-ALT 1/4 Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197 Resolution No. 24-159 Resolution authorizing the procurement of one (1) new aerial bucket truck. Whereas, one of the aerial bucket trucks in Forestry Operations is budgeted for replacement in fiscal year 2025; and Whereas, Sourcewell cooperative contract 110421 -ALT will be utilized for the procurement of the aerial bucket truck; and Whereas, the total purchase price of the truck is $205,868.00; and Whereas, the amount exceeds the City Manager's spending authority of $200,000.00, thus requiring City Council approval; and Whereas, funds for this purchase are available in account 81710520; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to effectuate the purchase and approve any change orders that may develop during the manufacturing process. Passed and approved this 1 sth day of .Tune , 2024. Approved by Attest:,r �,� A, C �---� City Clerk City Attorney's Office - 06/13/2024 Resolution No. 24-159 Page 2 Moved by Harmsen , seconded by Moe that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Alter X Bergus X Dunn X Harmsen X Moe X Salih X Teague Item Number: 6.b. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution authorizing the procurement of one (1) loader mounted snowblower. Prepared By: Dan Striegel, Equipment Superintendent Reviewed By: Brock Holub, Streets Superintendent Ron Knoche, Director of Public Works Geoff Fruin, City Manager Fiscal Impact: $229,620.00; funds are available in accounts 81710520 and 22710335 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Quote - Larue D50 Sourcewell Purchase Proposal Contract - 062222 - Larue SW Contract - 062222 - Larue SW - Summary Resolution Executive Summary: At the June 18, 2024 City Council meeting, consideration will be given to a resolution authorizing the procurement of one (1) new Larue D50 wheel loader mounted snowblower for Streets Operations. Sourcewell Cooperative contract 062222 -JAL will be utilized for the procurement of the snowblower from Macqueen Equipment in Ankeny, IA. Purchase price of the snowblower with listed options and contract discount is $229,620.00 as per Macqueen Equipment/Sourcewell quote dated May 17, 2024. Funding for this purchase is available in accounts 81710520 and 22710335 Background /Analysis: The Streets Division has one loader mounted snowblower in the fleet used for downtown snow removal operations and occasionally used at the Airport runways. The current snowblower, unit #201, is a 1998 model year which the City purchased used in 2002 and has exceeded its life expectancy. Since the current machine was purchased used, the replacement reserves available are below the true replacement cost. The Streets Division has additional funding approved in fiscal year 2025 to supplement the purchase. Estimated delivery of the new machine is fourth quarter 2024 MACQUEEN EQUIPMENT May 171h, 2024 Dan Striegel Equipment Superintendent City of Iowa City Dan - ENVIRONMENTAL SOLUTIONS AND SUPPORT Per your request, a proposal has been generated and included from the Sourcewell Contract #: 062222 -JAL Bid for a Larue D50 Snowblower with the enhancements that your public works department has deemed necessary. As you know, the City of Iowa City is a member of the Sourcewell, Membership #: 26298. Larue D50 Snowblower STANDARDS: Hardox 500 directional spot casting chute with 2 -section deflector, Wired joystick control, 4.3" LCD screen, 3 engine performance modes, 2 frame -mounted LED lights, 2 chute -mounted LED lights, Wet -type multi -disc clutch, Conveyor chain in oil bath, Hardox 550 drum, Tungsten carbide skid shoes, High Strength steel scraper blade, Emergency stop buttons, Level indicator on the spot casting chute, Ground level fuel fill, Mechanical components enclosed, Block heater, Shovel, 92 US gallons fuel tank, Dual 20" Augers, 40" impeller, 114" working width minimum. Base Unit Larue D50 Snowblower: $184,900.00 Engine 326hp Cummins B6.7 stage V/Tier 4 Final: $2,200.00 Cab Control 18" Telescopic Hydraulic Chute Extension: $10,000.00 Wireless control system - Bluetooth@: $4,300.00 Extra 25' control cable: $900.00 Chute Hydraulic tilting chute (right side): $6,500.00 3 -section chute deflector - Hardox@ 550 $4,200.00 Drum Drum - 150 -degree rotation by worm gear: $2,200.00 Safety Heated LED lights — Frame: $500.00 Heated LED Chute lights: $500.00 LED work light - Engine compartment: $1,100.00 Engine shutdown system - Includes: LED work light - Safety bolt area: $1,500.00 Indicator light on hood — snow blower engaged: $700.00 Durability & Efficiency Ice Cutter kit for one auger: $600.00 Reverse function - Conveyor & Impeller: $900.00 Full -width skid shoe - Tungsten carbide: $3,500.00 Remote Jump start terminals: $500.00 Electronically controlled engine cooling fan: $2,700.00 Others Quick coupler — ACS Pro -Series 2000 size 30: $7,900.00 Combined Total Total: $235,600.00 -MINUS Sourcewell Contract Discount S%: -$11,780.00 www.macaueenciroui).com 4607 SE Rio Ct, Ankeny, IA 50021 . Bus: 515.289.9994 . Fax: 515.289.9995 Formerly Trans Iowa Equipment Part of the MacQueen Group Since 2005 LARUE) Sourcewell Contract Price: $223,820.00 Non -Contract Items In -Bound Freight from Quebec City, QC: $3,500.00 Machine Pre -Delivery Inspection: $900.00 Delivery to Iowa City, IA from Ankeny, IA: $850.00 On -Site Operation/Maintenance Training Iowa City, IA: $550.00 COMBINED SOURCEWELL CONTRACT PURCHASE PRICE LARUE D50: $229,620.00 -MINUS 1998 SnoGo MP -3D Snowb/ower Serial #: 3616: -$7500.00 NET SOURCEWELL BID PRICE: $222,120.00 Price Includes: Delivery to city shop and on-site training. Warranty: 1 Year Parts/Labor Availability: September Dependent upon Availability. Invoice Due: 30 Days After Delivery Terms of Sale: Proposed prices are based on current costs and therefore subject to change with written notice to account for changes beyond seller's control. If you have questions please call Thank you. Mike Osler MacQueen Equipment 515-864-8171 www.macaueengroup.com 4607 SE Rio Ct, Ankeny, IA 50021 . Bus: 515.289.9994 . Fax: 515.289.9995 Formerly Trans Iowa Equipment Part of the MacQueen Group Since 2005 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL Sourcewell 1 - Solicitation Number: 062222 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and J.A. Larue inc., 3003 Watt Avenue, Quebec QC, G1X 3W2 Canada (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Snow and Ice Handling Equipment, Supplies, and Accessories from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 15, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees maybe required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMERSERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. Rev. 3/2022 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 15. FORCE MAJEURE 062222 -JAL Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: Rev. 3/2022 10 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for products liability -completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev. 3/2022 11 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 —annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial Rev. 3/2022 12 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 3/2022 13 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report Rev. 3/2022 14 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Rev. 3/2022 15 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. Rev. 3/2022 16 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. Rev. 3/2022 17 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 062222 -JAL S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at anytime, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSlgned by: �t6 C� �-� COFD2A139DOW9... Y• Jeremy Schwartz Title: Chief Procurement Officer 8/11/2022 1 1:07 PM CDT Date: Approved: (ppp llDoeuSigned by- 66#1M& �y�: � �.{., CM^ W i By. E42BBF817A64C0... Chad Coauette Title: Executive Director/CEO 8/11/2022 1 2:09 PM CDT Date: J.A. Larue inc. DocuBlgned by: wv2 By: DE32F94072D044D... Louis Larue Title: Vice -President Date: 8/11/2022 1 3:06 PM EDT Rev. 3/2022 18 DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F RFP 062222 - Snow and Ice Handling Equipment, Supplies, and Accessories Vendor Details Company Name: J.A. Larue 3003 Watt Avenue Address: Quebec, Quebec G1X 3W2 Contact: David Olivier Email: david.olivier@jalarue.com Phone: 514-742-6660 HST#: Submission Details Created On: Wednesday May 04, 2022 14:00:40 Submitted On: Wednesday June 22, 2022 07:44:41 Submitted By: David Olivier Email: david.olivier@jalarue.com Transaction #: a306dOea-be39-45bl-843d-677fc6917dec Submitter's IP Address: 199.167.105.226 Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank, respond 'N/K if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (one legal entity only): J.A. Larue inc. (In the event of award, will execute the resulting contract as "Supplier') 2 Identify all subsidiary entities of the Proposer N/A whose equipment, products, or services are included in the Proposal. 3 Identify all applicable assumed names or DBA N/A names of the Proposer or Proposers subsidiaries in Line 1 or Line 2 above. 4 Provide your CAGE code or Unique Entity L06W8/208580092 Identifier (SAM): 5 Proposer Physical Address: 3003, Watt avenue Quebec, QC G1X 3W2 Canada 6 Proposer website address (or addresses): www.jalarue.com 7 Proposers Authorized Representative (name, Louis Larue title, address, email address & phone) (The Vice -President representative must have authority to sign Iouis.larue@jalarue.com the `Proposers Assurance of Compliance" on (418)-658-3003 #231 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 8 Proposer's primary contact for this proposal David Olivier (name, title, address, email address & phone): Sales Manager david.olivier@jalarue.com (418)658-3003 #417 9 Proposers other contacts for this proposal, if Sylvain Dion any (name, title, address, email address & Administration Manager phone): sylvain.dion@jalarue.com (418)-658-3003 #255 Table 2: Company Information and Financial Strength Line (Question Item Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 10 Provide a brief history of your company, In 1973, J.A. Larue inc. started as a repair shop for various types of heavy diesel including your company's core values, equipment. Later, the company specialized in rebuilding used snow removal business philosophy, and industry longevity equipment, until, that is, founder Andre Larue had the vision to design and related to the requested equipment, products manufacture a snow blower that would stand out and stand up to the worst of or services. winter. Nearly a half -century later the company is managed by the second generation, Denis, and Louis Larue. And it has become one of the largest makers of industrial snow removal equipment in the world. Founded and based in Quebec, where snowfall has been known historically to reach up to five meters in depth, Larue arose from a culture of snow. Snow isn't weather in Quebec, it's a way of life. We live it, four months a year. And all of that snow has given us an expertise that few others can claim. Our snow removal equipment is a study in continuous refinement, relentless innovation and an ability to deliver highly customized machines to clients around the world. Snow fears Larue. And when it comes to clearing roads, Larue is a name you can count on. OUR VALUES DEDICATION Dedication is the wellspring of quality, service, and the tireless energy needed to meet and exceed expectations. It is the source of curiosity, which in tum, leads to increased knowledge and expertise. Larue is dedication. PASSION Nothing drives dedication like passion. We don't simply build machines, we put every last atom of ourselves, our expertise, and our obsession with being better into each and every last one of them. Larue is passion. RESPECT Larue is not a monolith. If we enjoy achievement, it is because of our differences, and our ability to channel them into innovation, quality, and service where the whole is much greater than the sum total of its components. There is no achievement without respect. Larue is respect. TEAM SPIRIT We achieve together. We pull together, we innovate together. Team spirit is the direct byproduct of respect. One cannot exist without the other. Only a team can build a machine good enough to wear the Larue badge. Larue is team spirit. INNOVATION Innovation is the star that guides us, it pushes us to do more, do better, and do right by our clients. We have succeeded by being pioneers, not following. Leadership is a great responsibility, but we're relentless in our efforts to set an example and help our segment transform and embrace new ideas. Larue is innovation. 11 What are your company's expectations in the J.A. Larue inc. is honored to have served Sourcewell and its members who have event of an award? purchased Larue snow blower equipment through Sourcewell contract #080818 -JAL since 2014. We look forward to continu to be a valued partner to your members in providing the highest quality snow equipment solutions at the beneficial price, through a simplified procurement process. 12 Demonstrate your financial strength and We have included in the attached bid document the following to attest to our stability with meaningful data. This could financial stability and solid standing: include such items as financial statements, -Dun & Bradstreet report on our financial ratios, SEC flings, credit and bond ratings, letters -Specific reference letter from our bank, of credit, and detailed reference letters. -Reference letters from 4 top -tier industry suppliers as to our volume of business Upload supporting documents (as applicable) and excellent payment record. in the document upload section of your esponse. 13 What is your US market share for the We hold a 40% market share in D -Serie and 15% in T -Serie. solutions that you are proposing? 14 What is your Canadian market share for the We hold a 70% market share in D -Serie and 75% in T -Serie. solutions that you are proposing? 15 Has your business ever petitioned for No, Larue has never been bankrupt. bankruptcy protection? If so, explain in detail. Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 16 How is your organization best described: is Larue is a manufacturer of snow removal equipment. it a manufacturer, a distributor/dealer/reseller, Describe any relevant industry awards or We received a 94% rating from CGER for the evaluation of sales transactions. This or a service provider? Answer whichever Larue is a world class manufacturer which distributes products through a vast and recognition that your company has received question (either a) or b) just below) best capable dealer network. applies to your organization. -Quality of service, a) If your company is best described as Larue and each dealer have signed a sales and service agreement that outlines the -Product delivery time, a distributor/dealer/reseller (or similar entity), specific expectations from both parties. The Larue dealer network sells and supports provide your written authorization to act as a our product line. These dealers offer full sales, parts and services support including distributor/dealer/reseller for the manufacturer best -in -class after-sales support as required by Larue. In a broad overview, Larue of the products proposed in this RFP. If manufactures products and sell them to his dealer. -Quality/price ratio. applicable, is your dealer network independent or company owned? Another advantage of independently owned dealers is that they know their customers 20 b) If your company is best described as and market well. They tailor their services specifically to their customers' needs. a manufacturer or service provider, describe governmental sector in the past three years your relationship with your sales and service Although Larue will sign this contract as a manufacturer, Larue dealer will be given What percentage of your sales are to the force and with your dealer network in the opportunity to avail themselves of the sales business presented buy the contract delivering the products and services and will execute all transaction with governmental, educational and non-profit proposed in this RFP. Are these individuals customers as they do today. This includes but is not limited to consultation, quoting, Sourcewell your employees, or the employees of a third accepting payment, delivery, warranty support, parts sales, and service. This is no purchasing contracts that you hold. What is party? different than sales occurring outside the terms of this agreement. the annual sales volume for each of these Larue dealers heartily embrace Sourcewell contract #080818 -JAL, and all of them have been trained in their use and as such will already be familiar with Sourcewell's contract. List any GSA contracts or Standing Offers N/A Larue offers specific discounts to Sourcewell members. By selling to members under and Supply Arrangements (SOSA) that you Sourcewell contract, participating Larue dealers agree to honor those discounts. 17 If applicable, provide a detailed explanation To the extent of our knowledge, we are unaware of specific licences or certifications outlining the licenses and certifications that required to pursue the business covered by this RFP. each of these contracts over the past three are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 18 Provide all "Suspension or Debarment" Larue has not been suspended or disbarred in the last ten years. information that has applied to your organization during the past ten years. Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 19 Describe any relevant industry awards or We received a 94% rating from CGER for the evaluation of sales transactions. This recognition that your company has received includes several aspects: in the past five years -Quality of service, -Product delivery time, -Quality of the product, -Cost of the product, -Quality/price ratio. You will find this evaluation attached to this response. 20 What percentage of your sales are to the 90% governmental sector in the past three years 21 What percentage of your sales are to the 0% education sector in the past three years 22 List any state, provincial, or cooperative Sourcewell purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 23 List any GSA contracts or Standing Offers N/A and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Table 4: References/Testimonials Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name* Contact Name * Phone Number Scope of Work* Tehema County Matt Silvery 530-385-1462x3034 Town of Needham IJohn Regan 781-455-7500 Years * City of Norfolk Scott Smith 402-750-9439 Fleet remplacement of T80 -Self Table 5: Top Five Government or Education Customers Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Nam Entity Type* State / Scope of Work* Size ctions * Dollar Volume Past Three Sales at Larue is driven by a Director of Sales & Marketing based at the head P rovi nce * office. The director leads a team made up of estimation (1 TM), technical sales Years * COOT Government Oregon - OR Fleet remplacement of T80 -Self Avg transaction 550 000$ 3 268 729,00 USD Propelled Snow Blower ea. City of Ottawa Government ON - Ontario Fleet remplacement and 20 X D60 snow blower: 3 640 000,00 CND Standardization strategy Fleet remplacement AKDOT Government Alaska - AK Fleet remplacement of Self 4 X T -Serie 2 510 392,00 USD Propelled Snow Blower Avg transaction 630 000$ ea. City of Montreal Government QC - Quebec Fleet remplacement and 21 X D65 snow blower: 2 974 267,50 CND Standardization strategy Fleet remplacement QUEBEC DOT Government QC - Quebec Fleet remplacement. 8 units. 1 518 466,00 CND Each transaction was awarded to the lowest bidder Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response* 26 Sales force. Sales at Larue is driven by a Director of Sales & Marketing based at the head office. The director leads a team made up of estimation (1 TM), technical sales representative (6 TM), sales administration (1 TM) and marketing team (2 TM) to support the dealer networks. Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 27 (Dealer network or other distribution Larue products are distributed by a dealer sales network. This network is structured as follows: Canada -West Falcon Equipment (hftps:bWww.falconequip.com/contact) BC : 3 locations AB: 1 location SK: 1 location MB: 1 location 9 Sales reps and 3 Technical trainers Canada -East QC -NB -PE -NS -ON -NL -NU -NT: Larue(3 locations) Quebec, Montreal and NB (5 sales reps) USA Larue products are distributed in 36 States through 13 dealers: Macqueen Equipment IA -IL -IN -MN -NE -Wt: (4 locatons) 16 Sales reps and 5 Technical trainers Bell Equipment OH -MI (2 locations) 8 Sales reps and 2 Technical trainers Viking Cives CT -KS -KY -ME -MO -NH -NY -TN -VT (7 locations) 16 Sales reps and 2 Technical trainers TranSource Truck & Equipment SD (3 locations) 5 Sales reps and 1 Technical trainer Swanston Equipment ND (2 locations) 4 Sales reps and 1 Technical trainer SWS D -M T-OR-WA(3 local ons) 10 Sales reps and 11 Technical trainer Snoquip CA -NV (1 location) 3 Sales reps and 1 Technical trainer Kois Brothers CO -WY (3 locations) 9 Sales reps and 1 Technical trainer Holland Equipment UT ( 1 location) 4 Sales reps and 1 Technical trainer CN Wood CT -MA -RI (6 locations) 15 Sales reps and 1 Technical trainer Craig Taylor Equipment AK (4 locations) 4 Sales reps and 1 Technical trainers H.A DeHart & Son DE -MD -NJ -PA (3 locations) 6 Sales reps and 1 Technical trainers hftps://vvww.jalarue.com/dealers/ Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F C force. Larue products are supported after the sale by our dealer network. All service partners listed below offer on-site parts inventory with next -day shipping capability, service bays, heavy equipment technicians and mobile service units. The network below supports Canadian and US customers. Canada- West BC -SK -AB -MB (6 locations) Service bays: 40 60 technicians Larue QC -NB -PE -NS -ON -NL -NU -NT: (3 locations) Service bays: 10 20 technicians Macqueen Equipment IA -IL -IN -MN -NE -WI: (4 locations) Service bays: 42 65 technicians Bell Equipment OH -MI (2 locations) Service bays: 16 10 technicians Viking Cives CT -KS -KY -ME -MO -NH -NY -TN -VT (7 locations) Service bays: 42 65 technicians TranSource Truck & Equipment SD (3 locations) Service bays: 34 45 technicians Swanston Equipment ND (2 locations) Service bays: 20 26 technicians SWS ID -MT -OR -WA Service bays: 14 19 technicians Snoquip CA -NV Service bays: 8 10 technicians Kois Brothers CO -WY Service bays: 16 9 technicians Holland Equipment UT Service bays: 2 5 technicians CN Wood CT -MA -RI Service bays: 20 25 technicians Craig Taylor Equipment AK Service bays: 26 22 technicians H.A DeHart & Son DE -MD -NJ -PA Service bays: 10 8 technicians Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 29 Describe the ordering process. If orders Orders for Canadian and American Sourcewell members will be handled exclusively will be handled by distributors, dealers or through our dealer Network. others, explain the respective roles of the hftps://vvww.jalarue.com/dealers/ Proposer and others. Once the dealer put a bid under contract, they send a purchase order to Larue. We then put the order through the following process: -Contract review and approval, -Fabrication start, -Water bath testing & inspection, -Prepare for delivery; -invoice the dealer, -Report Sale to Sourcewell; -Warranty-Start process once In -Service paperwork received, -Satisfaction Survey sent. 30 Describe in detail the process and Larue has 2 dedicated resources for customer and dealer support. We offer a 2417 procedure of your customer service emergency phone (1-877-658-3013) for service issues to make sure our customers & program, if applicable. Include your dealers can reach us at any time. response -time capabilities and Our dealer network also maintains critical service resources and dedicated 24/7 commitments, as well as any incentives support structures. The key benefit of a dealer network is that they have parts and that help your providers meet your stated technicians on hand to make repairs within 24 hours if the part is available. service goals or promises. Larue is located 15 minutes from a major airport (YBQ) and can therefore guarantee 24-48 hour delivery to almost anywhere in Canada or the US for critical parts. Customer satisfaction is monitored by Larue through a customer survey process that is sent directly to the customers. This allows monitoring dealer performance and constructive feedback to the network for continuous improvement. 31 Describe your ability and willingness to We are happy to serve all geographic snowed areas and all Sourcewell Member, provide your products and services to within the United States with our complete product line and service offering through Sourcewell participating entities in the Sourcewell. United States. Larue has successfully utilized Sourcewell to sell machines in the United States. 32 Describe your ability and willingness to We are happy to serve all geographic areas and all Sourcewell Member, within provide your products and services to Canada with our complete product line and service offering through Sourcewell., Sourcewell participating entities in Canada. Larue being a Canadian company, we already push to help Sourcewell gain popularity into the market. 33 Identify any geographic areas of the United N/A - Larue can service all North America States or Canada that you will NOT be fully serving through the proposed contract. 34 Identify any Sourcewell participating entity N/A - Larue can service any Sourcewell participating entity sector requiring our sectors (i.e., government, education, not -for- products. profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 35 Define any specific contract requirements N/A - Larue would have no restriction in these areas working through our local or restrictions that would apply to our dealers who cover these territories. participating entities in Hawaii and Alaska and in US Territories. Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Table 7: Marketing Plan Line Item Question Response* 36 Describe your marketing strategy for Larue has an active Sourcewell contract at the time of filling out this tender. We advertise promoting this contract opportunity. our Sourcewell partnership through many different channels such as our website, dealer Upload representative samples of your portal, product order forms, brochures, print advertising, Power Point training, tradeshows marketing materials (if applicable) in and social media. You will find marketing materials attached to this response. the document upload section of your network for a cost of 500$ plus fees (fee is included in the supporting documents) response. 37 Describe your use of technology and We use our newly designed and content -rich website to promote our Sourcewell contract digital data (e.g., social media, and to explain in a dedicated web page the details about what Sourcewell is and what metadata usage) to enhance are the benefits of using it. We also use our product order forms to remind each of our marketing effectiveness. customers (or dealer customers) that we have a Sourcewell contract and that they can save money and simplify their procurement process if they use it. Please see our attached product order form to see details. Our dealer portal is not live yet, but coming 41 Describe any technological this summer. We will have a Sourcewell page where our dealers will find all the details advances that your proposed (financial, communication) in order to encourage their clients to use Sourcewell. Finally, we products or services offer. occasionally make a social media post to our highly engaged community about the benefits of Sourcewell, please see examples attached. WEBSITE: https:/tivww.jalarue.com/cooperative-purchasing/ Our website is integrated with Google Analytics and Facebook pixel technology to analyze our data and enhance our ads. We do monthly Google Search Ads for our related snow removal keywords, as well as Facebook, You Tube and Linkedln ads. FACEBOOK: https:/Ayww.facebook.comAaruesnowblowers LINKEDIN: https:/Ayww.linkedin.com/companyAaruesnowblowers/ INSTAGRAM: https:/lnstagram.comAaruesnowblowers YOUTUBE: https://vvww.youtube.comAaruesnowblawers DEALER PORTAL (not live yet): https://portal.jalarue.com/ 38 In your view, what is Sourcewell's role In our opinion, Sourcewell's role is to promote vendors who make quality and reputable in promoting contracts arising out of products while maintaining good business practices, and to facilitate/accelerate the this RFP? How will you integrate a purchasing process for members who need these products. It is a seal of approval in Sourcewell-awarded contract into your which these organizations trust to acquire the right solutions at a discounted price. sales process? Sourcewell is already integrated in our sales process because each of our dealers and their customers have the opportunity to see our Sourcewell awarded contract on their Larue equipment purchasing form, so that they can use it. 39 Are your products or services Due to the many applications for our products and high number of options available, we available through an e -procurement prefer to have a consultant who can add value by providing a better adapted product ordering process? If so, describe your configuration in order to fully respect the customers needs according to his specific work e -procurement system and how environment. Performance or environmental requirements can sometimes influence the governmental and educational product features that we include in our proposal. For those reasons, we do not currently customers have used it. use an e -procurement system. Table 8: Value -Added Attributes Line Item Question Response* 40 Describe any product, equipment, Our dealers include a minimum OF 2 hours product orientation at time of final delivery. maintenance, or operator training (covering operation and maintenance) programs that you offer to Sourcewell participating entities. Furthermore, we have an 8 -hour training course that can be offered through our dealer Include details, such as whether network for a cost of 500$ plus fees (fee is included in the supporting documents) training is standard or optional, who provides training, and any Lastly, our dealer and customer portal will be launched at the end of July 2022 and will costs that apply. feature, among other things, Larue University which contains digital training material such as videos, Power Points and documents. The portal will be the main access point for our dealers and customers where they will be able to register product warranty, find product manuals, manage inventory, order literature, order parts and find useful resources. (see print screen) 41 Describe any technological All Larue Products have: advances that your proposed Service Free blower clutch, products or services offer. Reversing engagement to unplug (safety) Calibrated overload protection device, T -Serie: (Optional) Free vision obstruction heated glasses, Sound proof cab having operational average level of 72 dBa. Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F 42 Describe any "green" initiatives Larue is engaged with partners on preliminary designs for electric/hydrogen apparatus to that relate to your company or to meet the need of moving towards green solutions. your products or services, and include a list of the certifying Larue has also invested in R&D to make our equipment more efficient. Here are some agency for each. examples: All, except: D40, D87, D97, T80. Use engine with European emission certification rather than the North American certification for less emission. Service -free drive shaft to reduce the use of petroleum grease. T95 : Power Management System of the dual engine increase efficiency and reduce the fuel consumption. D5*, D6* : (optional) 2 -speed transmission with the power Management System to minimize the power requirement and increase the efficiency of operation to reduce the fuel consumption. All Model: (optional) On demand Fan to reduce the fuel consumption and noise We also recycle: 100% of the metal waste, paperboard and pallet wood from our manufacturing activities and 100% of the paperboard, paper, aluminum and glass from our administrative activities. Larue eliminated use of plastic water bottles from our hospitality fridges. 43 Identify any third -party issued eco- We do not have any third -party certification. However, we have integrated the vast majority labels, ratings or certifications that of our machines engines with European emission certification rather than North American your company has received for certification for lower emissions. the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. 44 Describe any Women or Minority N/A Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 45 What unique attributes does your Larue offers the industry's widest range of industrial snow blowers with 11 loader -mounted company, your products, or your and 5 self-propelled models. There is a Larue product designed for any type of operation services offer to Sourcewell and work environment. From airports, mountains, municipalities, larger cities and ski areas, participating entities? What makes we cover all those applications. Larue products deliver great value for money with your proposed solutions unique in exceptional manufacturing quality and are very easy to service, which takes care of our your industry as it applies to customers' bottom line. OEM parts are easily and rapidly found through our global dealer Sourcewell participating entities? network or sometimes through us directly. Larue also has the biggest selection of product options which helps to provide highly customized equipment adapted to customers' specific needs. As a family-owned business with almost 50 years of history, customer satisfaction has always been our core philosophy and continues to guide our actions and decisions. We dedicate a great part of our budget to product innovation and growth, as evidenced by our recent investment in a modem facility with almost 100,000 square feet. Needless to say, we have the capacity to supply the market and since building snow removal equipment is our primary focus, Sourcewell's participating entities can rest assured that we will deliver. Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Table 9A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 46 Do your warranties cover all products, parts, and For the applicable warranty period, Larue warranties its products against any labor? defects in material and workmanship including any parts or labor necessary to remedy the warranty claim. Please see standard warranty policy for Canada and the USA in supporting documents along with our certificates: Full machine standard warranty is provided - 1 year or 2,000 hours of operation, whichever occurs first, as outlined in the standard warranty document. (These warranties cover parts and labor) Engine -two years or 2,000 hours of operation, whichever occurs first, 47 Do your warranties impose usage restrictions or N/A other limitations that adversely affect coverage? 48 Do your warranties cover the expense of Larue warranty providies travel time, up to four -hours round trip, if in the technicians' travel time and mileage to perform opinion of the VENDOR, the product cannot warranty repairs? reasonably be transported to business of a LARUE authorized Service Center or other source approved by LARUE (travel labor in excess of four - hours round trip, any meals, mileage, lodging, etc. are the owners responsibility) 49 Are there any geographic regions of the United No. States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 50 Will you cover warranty service for items made by We coordinate all warranty claims through our local dealer network. The other manufacturers that are part of your proposal, dealers professional service department have all the necessary relationships or are these warranties issues typically passed on to coordinate any and all warranty claims for the component manufacturers to the original equipment manufacturer? involved in the construction of the Larue product, and this, in conjunction with Larue. This ensures a simple, single -point -of -contact for all services after the sale. 51 What are your proposed exchange and return Larue Raman remanufactures an extensive line of components ranging from programs and policies? transmission, gear box, planetary and complete engines. These products are competitively priced and offer "Same as New" warranty. Larue Raman's quality remanufacturing process requires that all cores be completely disassembled, thoroughly cleaned, and inspected for damage to ensure they meet or exceed our rigid reusability guidelines. All wear items are replaced with new parts. Once the remanufacturing process has been completed, all units are fully tested to ensure they meet industry standards and to provide the customer with unequalled performance. 52 Describe any service contract options for the Our dealer network offers preventive maintenance programs.They also offer a items included in your proposal. variety of preventive maintenance programs and tool tailored to each department need. (Examples provided in the supporting documents) Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Table 10: Payment Terms and Financing Options Line Item Question Response* 53 Describe your payment terms and accepted payment Standard payment terms for Larue product is payment NET 30 methods. Days. On occasion our dealers will make special term arrangement with their customers. 54 Describe any leasing or financing options available for use Leasing solutions are offered through our dealer. by educational or governmental entities. Also, we have DLL who offers wide range of products and services includes loans and lease products. Examples provided in supporting document. (Pricing upload) 55 Describe any standard transaction documents that you All documentation is internal between Larue and the dealerships. propose to use in connection with an awarded contract However, the dealers have been trained on how to properly invoice (order forms, terms and conditions, service level a Sourcewell transaction to clearly show the Sourcewell contract agreements, etc.). Upload a sample of each (as number, as well as the Sourcewell discount, on their final invoice to applicable) in the document upload section of your the end customer. We have provided samples of our pricing and response. order form. 56 Do you accept the P -card procurement and payment Because Larue Dealers will be receiving payments directly from process? If so, is there any additional cost to Sourcewell members, accepting P -card procurement will be at their discretion. participating entities for using this process? Many dealers do accept this method without additional fees. Some have limitations on the amount that can be processed. Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response* 57 Describe your pricing model (e.g., line -item discounts or All pricing is communicated to the market throught our Larue product -category discounts). Provide detailed pricing data Pricing & Order form. (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want How it works:. Once the representative opens a price list, he has Sourcewell to consider as part of your RFP response. If access to the first tab which explains how to fill up the order. The applicable, provide a SKU for each item in your proposal. second tab explains what is Sourcewell and how his customers can Upload your pricing materials (if applicable) in the use it and take advantage of the program. In a Larue product tab document upload section of your response. (one tab per model), he selects wether the customer participates in the Sourcewell program or no. If he selects Yes, the Sourcewell discount rate will appear at the bottom of the price list. The representative then enters the quantity of units ordered (of the same model). The Sourcewell discounted price will appear in the Extended column of each element. The Sourcewell discount rate will adjust according to the conditions mentioned in the first paragraph of this response. At the bottom of the grid, the dealer sees the total Sourcewell discount amount and the total customer price including the Sourcewell discount. We think we have made it very clear for the dealer to use our price lists and to communicate the benefits of using Sourcewell to a prospect or customer. 58 Quantify the pricing discount represented by the pricing We are happy to offer a 5% discount off Standard List Price proposal in this response. For example, if the pricing in (MSRP) to our Sourcewell customers when they purchase 1 or 2 your response represents a percentage discount from units of the same model and on the same PO. MSRP or list, state the percentage or percentage range. 59 Describe any quantity or volume discounts or rebate Quantity discount: programs that you offer. 3-9 units = additional 2% 10 + =additional 5% 60 Propose a method of facilitating "sourced" products or Sourced products will be priced using a cost-plus model. For the related services, which may be referred to as "open purpose of this proposal, Sourcewell members will be quoted cost market" items or 'nonstandard options". For example, you + 20% through the dealer network for any item that must be may supply such items "at cost' or "at cost plus a sourced externally. percentage," or you may supply a quote for each such .request. 61 Identify any element of the total cost of acquisition that is Dealer provided goods and services: Customer requested non - NOT included in the pricing submitted with your response. factory goods/services will be quoted by dealers. This includes all additional charges associated with a purchase that are not directly identified as freight or Set -Up and installation fees: Dealer applies charges that cover their shipping charges. For example, list costs for items like pre- costs for installing and ensuring the proper operation. The set-up delivery inspection, installation, set up, mandatory training, fee and installation fees are quoted by the dealer. or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Pre -Delivery Inspection (PDI): A PDI is performed on all new machine purchases to ensure proper fluid levels, check system pressures, verify accurate system operation, and cleaning of the unit prior to delivery. The cost of the PDI is quoted by the dealer and will vary by machine models and complexity. Taxes: Local taxes, if applicable, will be assessed. 62 If freight, delivery, or shipping is an additional cost to the All proposed prices are FOB our factory in Quebec City, Quebec, Sourcewell participating entity, describe in detail the Canada. Transport costs will be arranged by the local dealer with complete freight, shipping, and delivery program. the end customer at the time of purchase. These amounts are separate from the apparatus price and are not considered for discounts or fees to Sourcewell. 63 Specifically describe freight, shipping, and delivery terms or Please see response at 62. programs available for Alaska, Hawaii, Canada, or any offshore delivery. 64 Describe any unique distribution and/or delivery methods or We offer everything from conventional truck deliverytaseo turnkey options offered in your proposal. solutions.( ex: we delivered to an American military bin Japan) Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Table 12: Pricing Offered Item Linerb.the Pricing Offered in this Proposal is: * Comments 65 same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing Specifically describe any self -audit process or program that you Sourcewell contract discounts will be published to our dealer rtments. equipment, products, and services that you Table 13: Audit and Administrative Fee Line Item Question Response* 66 Specifically describe any self -audit process or program that you Sourcewell contract discounts will be published to our dealer equipment, products, and services that you plan to employ to verify compliance with your proposed Contract network and the dealers will be required to the references are offering in your proposal. municipalities, airports, contractors, government agencies and ski areas all over the with Sourcewell. This process includes ensuring that Sourcewell the Sourcewell contract on all related requests for quotes world. 70 participating entities obtain the proper pricing, that the Vendor through our Larue Pricing & Order form. Quarterly, the subcategories of solutions. List subcategory reports all sales under the Contract each quarter, and that the Director of Business Development and Administrator titles that best describe your products and Self-propelled brooms & plows Vendor remits the proper administrative fee to Sourcewell. Provide Manager will extract a report of all invoices that reference Snow Truck sufficient detail to support your ability to report quarterly sales to the Sourcewell contract. Larue will submit a copy of the Sourcewell as described in the Contract template. report along with the applicable cheque for the fee payable Airport brooms & plows to the Sourcewell. Multi -Task Equipment (MTE) 67 If you are awarded a contract, provide a few examples of internal Larue will monitor dealer performance at the bid stage to metrics that will be tracked to measure whether you are having give them constructive feedback on how to leverage the success with the contract. program with their end users. Specific metrics that will be monitored include total number of Sourcewell quotes per quarter, percentage of total quotes attributed to Sourcewell, and winAoss ratio of Sourcewell quotes vs non-Sourcewell quotes. 68 Identify a proposed administrative fee that you will pay to Larue proposes a 2% administrative fee. This 2% fee will Sourcewell for facilitating, managing, and promoting the Sourcewell be calculated on the vendor's total sales. Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendors sales under the Contract or as a per-unit fee; it is not a line -item addition to the Members cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response* 69 Provide a detailed description of the Larue manufactures industrial snow removal equipment such as loader -mounted and equipment, products, and services that you self-propelled snow blowers, runway brooms and plows. Our customers are are offering in your proposal. municipalities, airports, contractors, government agencies and ski areas all over the world. 70 Within this RFP category there may be Loader mounted snow blowers subcategories of solutions. List subcategory Self-propelled snow blowers titles that best describe your products and Self-propelled brooms & plows services. Snow Truck Snow Tractor Airport snow blowers Airport brooms & plows Multi -Task Equipment (MTE) Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Table 1413: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Categoryor Type Offered * Comments 71 Plows, blades, wings, blowers, and brooms r Yes We offer blowers, brooms and plows. r' No Larue offers the largest selection of loader -mounted and self-propelled snow blowers, meaning you're sure to find equipment to ft the tightest requirements and even tighter budgets. Our 16 different models are designed to exceed expectations and keep your community safe, and mobile. 72 Spreader or sprayer systems for the application r Yes N/A of de-icing or anti -icing solids or liquids and snow r No melters 73 Dump bodies, specialty equipment, and air or r Yes N/A hydraulic systems, related to the upftting or r No modification primarily for snow and ice handling, and, 74 A complementary offering of parts, supplies, and r Yes We offer all services listed. accessories, related to the upkeep, repair, or r No maintenance of their offering of equipment as Larue has a dedicated service parts described in 71-73 above warehouse of more than 10M$. Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 75. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposers exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Contract Section Term, Condition, or Specification Exception or Proposed Modification Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F . Pricina - List Price.zip - Wednesday June 22, 2022 07:30:08 . Financial Strength and Stability - Finance.zip - Thursday June 16, 2022 12:58:05 . Marketing Plan/Samples - Marketing.zip - Wednesday June 22, 2022 07:30:40 . WMBE/MBE/SBE or Related Certificates - CEGER.pdf - Monday June 20, 2022 13:09:29 . Warranty Information - Warranty.zip - Monday June 20, 2022 12:59:53 . Standard Transaction Document Samples - Larue - Equipment Pricing & Order Form 2022 USD T-Series.zip - Wednesday June 22, 2022 07:32:53 . Upload Additional Document - Support.zip - Wednesday June 22, 2022 07:31:38 Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation, and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract, and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf, 2. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/, or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 062222 Vendor Name: J.A. Larue DocuSign Envelope ID: D233F7B2-9456-40FC-8FB9-47E087D59F9F by the State of Minnesota, the United States federal government or the Canadian government, as applicable, or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. P By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - David Olivier, Sales Manager, J.A. Larue inc The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/orthe Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes os No The Bidder acknowledges and agrees that the addendum/addenda below form partof the Bid Document. Checkthe box in the column "I have reviewed this addendum" belowto acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments (if applicable) Addendum _3_ Snow _Ice _ Hand Ii ng_Eq u ipment_RFP _062222 r Thu May 26 2022 01:38 PM Addendum _2_ Snow _Ice _ Hand Ii ng_Eq u ipment_RFP _062222 P Fri May 20 2022 02:03 PM Addendum _1_ Snow _Ice _ Hand Ii ng_Eq u ipment_RFP _062222 P Tue May 3 2022 03:55 PM Bid Number: RFP 062222 Vendor Name: J.A. Larue 6/5/24, 8:41 AM Sourcewell J.A. La ru e Snow and ice equipment #062222 -JAL Maturity Date: 8/15/2026 Website: jalarue.com Z J.A. Larue: Contract 062222 -JAL I Sourcewell Products & Services v Products & Services Sourcewell contract 062222 -JAL gives access to the following types of goods and services: o Loader -mounted snow blowers o Municipal snow blowers o Self-propelled snow blowers o Airport snow blowers o Front -mounted brooms & sweepers o Runway brooms & sweepers o Frount-mounted plows o Runway plows Additional information can be found on the vendor -provided, nongovernment website at: jalarue.com Buy Sourcewell https://www.sourcewell-mn.gov/cooperative-purchasing/062222-JAL 1/3 Prepared by: Dan Striegel, Equipment Superintendent, 1200 S. Riverside Drive, Iowa City, IA 52246 (319) 356-5197 Resolution No. 24-160 Resolution authorizing the procurement of one (1) loader mounted snowblower. Whereas, the loader mounted snowblower in Streets Operations is budgeted for replacement in fiscal year 2025; and Whereas, Sourcewell cooperative contract 62222 -JAL will be utilized for the procurement of the snowblower; and Whereas, the total purchase price of the snowblower is $226,620.00; and Whereas, the amount exceeds the City Manager's spending authority of $200,000.00, thus requiring City Council approval; and Whereas, funds for this purchase are available in accounts 81710520 and 22710335; and Whereas, approval of this procurement is in the public interest. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The proposed procurement as described above is approved. 2. The City Manager is authorized to take the steps necessary to effectuate the purchase and approve any change orders that may develop during the manufacturing process. Passed and approved this 18th day of June , 2024. Ma Approved by Attest: " � �� � �.� �? a City Clerk City Attorney's 9ffice - 06/13/2024 Resolution No. 24-160 Page 2 Moved by Harmsen , seconded by Moe that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Alter x Bergus X Dunn X Harmsen X Moe X Salih X Teague Item Number: 6.c. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution amending the AFSCME pay plan by adding the position Civilian Crime Analyst to grade 12. Prepared By: Denise Brotherton, Police Captain Reviewed By: Dustin Liston, Police Chief Geoff Fruin, City Manager Fiscal Impact: Funds for the position were allocated to the Police Department's budget in the FY 2025 budget. The position falls in grade 12 of the pay plan with wages and benefits estimated at $110,583. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This resolution authorizes the Police Department to proceed with hiring a Civilian Crime Analyst, which was funded by the City Council with FY 2025 operating budget. This position will assist in furthering goals related to policing through data -driven strategies. Background /Analysis: This position will use a variety of law -enforcement -related data, including computer-aided dispatch, police reports, and mapping to determine trends and help address issues with a data -driven approach to policing. The Civilian Crime Analyst will also collaborate with community partners to improve communication, data sharing and cross -sector collaborations aimed at finding solutions to challenges facing the community. This position with be situated under the Support Services Division of the Police Department. Prepared by Denise Brotherton, Police Captain, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5271 Resolution Number 24-161 Resolution amending the AFSCME pay plan by adding the position Civilian Crime Analyst to grade 12. Whereas, Resolution No. 24-105 adopted by the City Council on April 16, 2024, authorized budgeted positions in the Support Services Division of the Police Department for Fiscal Year 2025 which included the newly created position of Civilian Crime Analyst; and Whereas, Resolution No. 23-323, adopted by the City Council on December 12, 2023, established a classification and compensation plan for AFSCME employees for Fiscal Year 2025; and Whereas, the duties, responsibilities and requirements of the position have been evaluated and grade 12 of the AFSCME pay plan has been determined to be the appropriate classification. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that the AFSCME pay plan be amended by adding the position Civilian Crime Analyst to grade 12. Passed and approved this 18th day of June Attest: City Clerk 2024 Approved by City Attorn 's Office (Jennifer Schwickerath - 06/10/2024) It was moved by Harmsen and seconded by Moe adopted, and upon roll call there were: Ayes: Nays: the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague M6Wr Approved by City Attorn 's Office (Jennifer Schwickerath - 06/10/2024) It was moved by Harmsen and seconded by Moe adopted, and upon roll call there were: Ayes: Nays: the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.d. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution authorizing agreement between the City of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 to be effective July 1, 2024 through June 30, 2025. Prepared By: Karen Jennings, Human Resources Administrator Reviewed By: Geoff Fruin, City Manager Fiscal Impact: Wages are anticipated to fall within future budget parameters. Staff Recommendation: Approval Attachments: Fire Contract Resolution - FY25 Fire contract FY25 Executive Summary: The current Fire Union collective bargaining expires June 30, 2024. The City participated in collective bargaining with the Fire Union in accordance with Chapter 20 of the Iowa Code. After exchanging initial proposals on October 20, 2023 and November 13, 2023, the parties participated in a bargaining session on February 9, 2024 and mediation on February 21, 2024. Mediation resulted in impasse and the parties proceeded to an interest arbitration hearing on April 30, 2024. The one-year collective bargaining agreement reflects the binding arbitration award. Background /Analysis: The one-year Fire contract for Fiscal Year 2025 reflects the interest arbitration award issued by the arbitrator on May 30, 2024. The award calls for a 3.4% across the board wage increase. All other items submitted to arbitration remain status quo. The collective bargaining agreement, effective July 1, 2024 through June 30, 2025, is attached. Prepared by: Karen Jennings, Human Resources Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5025 Resolution no. 24-162 Resolution authorizing agreement between the City of Iowa City and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 to be effective July 1, 2024 through June 30, 2025. Whereas, the City of Iowa City (hereinafter the City) and the Iowa City Association of Professional Fire Fighters, IAFF Local #610 (hereinafter the Union), through their designated bargaining representatives, have participated in the collective bargaining process which resulted in binding interest arbitration; and Whereas, the award issued by the arbitrator on May 30, 2024 has resulted in the updated collective bargaining agreement in effect from July 1, 2024 through June 30, 2025, a copy of which agreement is attached to this resolution and by this reference made a part hereof; and Whereas, the City desires to approve the agreement finding that it will promote efficient municipal operations, thereby providing residents of the community with municipal services. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa that: 1. The above -referenced updated Agreement between the City and the Union is hereby approved by the City. 2. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Agreement. Passed and approved this 18th day of June _,2024 Ma Attest: City Clerk It was moved by Harmsen and seconded by adopted, and upon roll call there were: Ayes: x Nays: Approved by ,/ City Attorney' Office (Jennifer Schwickerath - 06/04/2024) Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague 14 CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 2024 TO JUNE 30, 2025 TABLE OF CONTENTS PAGE Preamble........................................................................................................................................ 1 ArticleI -- Recognition.................................................................................................................... 2 Article II -- Management Rights...................................................................................................... 2 Article III -- No Strike - No Lockout................................................................................................. 2 ArticleIV -- Reserved..................................................................................................................... 3 ArticleV -- Hours of Work............................................................................................................... 3 ArticleVI -- Overtime...................................................................................................................... 5 ArticleVII -- Special Leaves........................................................................................................... 6 ArticleVIII -- Holidays..................................................................................................................... 8 ArticleIX -- Sick Leave.................................................................................................................... 9 ArticleX -- Vacations.................................................................................................................... 11 Article XI -- Union Activities.......................................................................................................... 11 Article XII -- Uniforms and Equipment.......................................................................................... 12 ArticleXIII -- Insurance................................................................................................................. 12 Article XIV -- Duty Outside the City............................................................................................... 13 Article XV -- Training Programs.................................................................................................... 13 Article XVI -- Bulletin Boards......................................................................................................... 14 Article XVII -- Personnel Transactions.......................................................................................... 14 ArticleXVIII -- Discipline............................................................................................................... 14 Article XIX -- Transfer Procedures................................................................................................ 15 Article XX -- Supplemental Employment...................................................................................... 15 ArticleXXI -- Safety...................................................................................................................... 15 Article XXII -- Grievance Procedure............................................................................................ 16 Article XXIII -- General Conditions................................................................................................ 18 ArticleXXIV -- Waiver................................................................................................................... 18 Article XXV -- Savings Clause...................................................................................................... 19 ArticleXXVI -- Duration.................................................................................................................19 ArticleXXVII -- Wages...................................................................................................................19 Article XXVIII -- Other Compensation............................................................................................20 Article XXIX -- Use of Time Off......................................................................................................21 A Article XXX -- Family and Parental Leave......................................................................................21 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Deputy Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. C. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE --NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor 2 organization when called upon to cross such picket line in the line of duty. The City will make every reasonable effort to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of disputes arising out of the terms of this contract. ARTICLE IV RESERVED ARTICLE V HOURS OF WORK Section 1. The normal work week will average fifty-six (56) hours, consisting of twenty-four (24) hours on duty (commencing at 0700 hours), twenty-four (24) hours off duty, twenty-four (24) hours on duty, twenty-four (24) hours off duty, twenty-four (24) hours on duty, ninety-six (96) hours off duty, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. Section 3. Trading of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his/her designee. b. The Fire Chief or his/her designee will approve or deny the request, but permission to trade will not be denied without reason. C. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. 3 Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a period of twelve 12 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chiefs position is made by the Fire Chief for a period of twelve (12) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step 1 rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one-half (1%) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out -of -rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out -of -rank assignment. Lieutenants acting out of rank: In making temporary out -of -rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. The Fire Chief reserves the right to assign temporary out -of -rank assignments if no personnel voluntarily accepts such assignment. The Fire Chief reserves the right to establish minimum standards for persons given out -of -rank assignments. Section 6. Excused Tardiness. Employees shall be allowed two (2) fifteen (15) minute penalty -free tardiness' annually. This provision shall only be applicable in situations involving unintentional tardiness. Section 7. Administrative Duty. A continuous shift employee (56 hours/week) assigned to administrative duty (referred to as "light duty") with a forty (40) hour work week schedule will continue to accrue all benefits and compensation at their continuous shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio will be 56/40 or 1.4, and will be used when reporting accrual usage, i.e. for every one hour of time taken, 1.4 hours will be reflected on the accrual usage. Work week: 56 hours/40 hour = 1.4 Annual hours worked: 2912 hours/2080 hours = 1.4 Holiday time: 135 hours/96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. 0 When employees on administrative duty work beyond eight (8) hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. In addition, usage of time will be limited to hours absent from the 40 hour work schedule, at the pro -rated basis. ARTICLE VI OVERTIME Section 1. For purposes of this Article a "day" is defined as beginning at 7:00 A.M. and ending twenty-four (24) hours later. Section 2. Overtime is work performed by a permanent employee who is required to work at the end of twenty-four (24) hour shift or who is called back to work for fire department activities. Prior authorization from the Officer in charge is required before overtime will be credited. Employees may be periodically required to work overtime but may request not to do so because of physical inability as determined by the Chief or his/her designee. Overtime is voluntary where overtime assignments are made over seventy-two (72) hours in advance; provided, however, the right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial considerations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay period of the new fiscal year. Section 3. Minimum Call -In. a. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. b. If the emergency call-in time worked exceeds two (2) hours the employee will be compensated for time worked. Minimum call-in will be paid at the overtime rate. c. If an employee is called in less than two hours (2) prior to the start of a regularly scheduled duty day, time worked will not be considered minimum call-in but rather an extension of duty. The employee will be compensated at the overtime rate for time worked from arrival at the station until the start of the regular scheduled duty shift. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on -duty personnel. Section 4. Calculation of Overtime. Generally, overtime will be rounded in fifteen (15) minute increments. However, in the case of retention time, an employee will receive one (1) hour of 5 overtime for any part of an hour of previously authorized work. E.g. If a punch is registered within 7 minutes of the quarter hour (15 minutes) it will round to the nearest quarter hour; punches within 8 minutes will result in an additional quarter hour (15 minutes). Example: If a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M., each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M. (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-quarter (1/4) hour and the employee would receive 1.25 hours of overtime. ARTICLE VII SPECIAL LEAVES Section 1. On the Job Iniury. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother- in-law, father-in-law, grandparent -in-law, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommended by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil service rank, he/she will be assigned to the first open position which becomes available in his/her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, -in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his/her permanent civil service rank. In the event an employee fails to return to work at the end of any such leave or extension C. he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; C. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; e. must use all accumulated leave time to which he/she is entitled prior to the time that the leave without pay commences; must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all regular duty time spent in jury service and the City shall receive the pay earned for such jury service. Compensation for travel expenses may be retained by the employee. An employee shall report to the assigned work area both before and after time spent on jury duty for regularly scheduled work days. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons, when such appearance arises directly from his/her duties or obligations as an Iowa City firefighter, and the City shall receive the witness fees up to the amount of compensation paid to the employee for days testified. 7 Section 6. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Preqnancy Leave. A pregnant employee shall be entitled to a leave of absence with pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. ARTICLE VIII HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Memorial Day (last Monday in May); Juneteenth (June 19); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager does not designate a day employees may choose a day between December 24 and January 2 for this holiday with the supervisor's approval. Section 3. Permanent employees on a continuous shift shall receive one hundred thirty-five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. Section 4. In lieu of overtime pay for working on a holiday, a payment of $350 ($35.00 per holiday) for the fiscal year will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year.as defined in Article XXVII, Section 1 of this agreement. 0 Section 7. Definitions. "Continuous shift employees" as used in this article includes all personnel who are working on twenty-four (24) hour shifts. ARTICLE IX SICK LEAVE Section 1. Accumulation. Employees shall be granted twelve (12) hours of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 2,160 hours (90 shifts). Sick leave shall not be accumulated while an employee takes a leave of absence without pay but any employee granted a City paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Effective July 1, 2023, an employee with sick leave accrued in excess of and including 1490 hours may elect to convert up to 745 hours of sick leave to pay at the rate of 4 hours sick leave to 1 hour of pay. If an employee elects to participate in this program, he/she must submit in writing to Human Resources the intent to convert sick leave to pay by June 11, and the payment shall be made in the last payroll of the fiscal year. In addition to the above, if an employee elects to enter into a bona -fide retirement, the employee may convert any additional sick leave over 1490 hours (not to exceed 670 hours) at the rate of 4 hours of sick leave to 1 hour of pay. The employee must elect in writing to take advantage of this program and the payment shall be made on the date of their final paycheck. As an example, if an employee retires with 1600 hours of sick leave accrued, the employee will be eligible to receive 213.75 hours of pay. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour -to -hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in- law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee M who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated leave, or to leave without pay. Section 4. In the event an employee is injured or disabled on the job requiring time away from work, no deductions shall be made from the employee's accumulated sick leave or annual leave unless such employee requires more than two (2) shifts following the day of the injury in which to recuperate and return to work. Section 5. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City -Union committee may waive such payback due to the death or permanent disability of the employee. C. A joint City -Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. 10 ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Lenath of Service 0-5 years 5 years 1 day -10 years 10 years 1 day -15 years 15 years 1 day -20 years More than 20 years Hours Per Month 12 hours (6 shifts/yr) 16 hours (8 shifts/yr) 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours (11 shifts/yr) Hours Per Year 144 192 216 240 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be three hundred twelve (312) hours. Vacation time may be used on an hour -for -hour basis provided reasonable notice is given in advance and subject to the Fire Chiefs approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 and December 31 each battalion will schedule vacations using the following procedure: The Chief will indicate the minimum number of persons of each rank who must be working. Employees will indicate their first choice in the order of seniority within the department. When the least senior person has expressed a first choice, the most senior person may indicate a second choice, with others following in order of their turn. Unless an employee expresses his/her choice within twenty-four (24) continuous, normally scheduled shift hours, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. The Union may use the Conference Room for union meetings for three (3) hours not more often than once per month. Employees on duty may attend with the Battalion Chiefs permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. Employees on duty at outlying stations may participate in union meetings via remote electronic communication with the on -duty Battalion Chiefs permission. Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. 11 Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Negotiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide all uniforms and safety equipment as provided for under the Uniform Policy (GP110.05) dated November 2018. Initial tailoring will be provided. Employees may purchase their own work shirts as long as shirts meet general specification as to color and style. Replacement of the above equipment will be by the City upon the Chiefs determination of need. The City will compensate unit employees for the replacement cost of eyeglasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500" two-day deductible plan for employees and eligible dependents. Employees will pay 11 % of the premium of the coverage selected in FY25. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article 12 XXII. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $40,240, the face value of the life insurance policy is $41,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE XIV DUTY OUTSIDE THE CITY In the event the City directs an employee to perform duties outside the corporate limits of the City of Iowa City, Iowa, the employee shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City. ARTICLE XV TRAINING PROGRAMS The City and the Union agree that training and development of employees within the bargaining unit is of primary importance to maintaining high standards of fire protection for the citizens of Iowa City. The City agrees to assist employees in acquiring the knowledge, skills and attitudes needed to perform the work most effectively to the extent that there is an increase in efficiency and economy within the Fire Department. A continuous training program will be maintained based on need as determined by the Chief. Self -development will be encouraged where possible and will include training in management and supervisory skills as well as technical areas. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. 13 ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Resources Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/herjob description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of disciplinary proceedings either through the Civil Service Commission or through the grievance procedure in this Agreement. The City agrees to impose discipline no later than thirty (30) days from the date it has clear notice of the facts constituting an infraction. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. 14 ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to notify the Fire Chief of his/her outside employment. The employee will notify the Fire Chief when outside employment or employer changes. The Fire Chief retains the right to disapprove such outside employment under the provisions of Section 1 of this Article. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safety Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. C. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. 15 Section 5. Drug Testing. The City and the Union recognize the rights and responsibilities of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions, discharges, and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. 16 Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator'to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. 17 ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parking. No fewer than ten (10) parking places in the Chauncey Swan Parking Ramp located at 415 E. Washington St. will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged other City employees who park in the Chauncey Swan Parking Ramp located at 415 E. Washington St. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. The City shall make an electronic version of the collective bargaining agreement available to all bargaining unit members in lieu of distributing paper copies. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre -Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co -payments to the extent allowed by Federal and State law. Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit -wide basis and participation will be voluntary. Section 9. Deferred Compensation. If allowable by law, the City will provide the collective bargaining members the opportunity to contribute to a deferred compensation plan if the employee so chooses with either a traditional contribution or a Roth contribution. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. 18 The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 2024 and June 30, 2025 and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any extension thereof. ARTICLE XXVII WAGES Section 1. The effective date of compensation and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years are as follows: July 7, 2024 July 5, 2026 July 6, 2025 July 4, 2027 Section 2. The base pay for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be adjusted as follows: increased by three and four -tenths percent (3.4%) effective July 7, 2024. Copies of the pay plan for FY2025 is attached to this agreement as Exhibit A-1. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. Step 4 - after one (1) year at Step 3. Step 5 - after one (1) year at Step 4. Step 6 - after one (1) year at Step 5. Step 7 — after six (6) years at Step 6. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. 19 Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, six months following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI -W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be as follows: May 2024 for FY25, May 2025 for FY26, and May 2026 for FY27. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 5 years 1 day - 10 years $380.00 10 years 1 day - 15 years 560.00 15 years 1 day - 20 years 720.00 20 years 1 day - 25 years 875.00 25 years 1 day + 1135.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $700 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis 20 (monthly segments). For example, an employee Who retires on January 1, will return one-half of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician -Basic as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of four hundred seventy-five dollars ($475.00) on the second payday of each fiscal year. Section 5. Each full-time bargaining unit employee who is duly certified as a Hazardous Materials Technician as of the first day of the contract benefit period as defined by Article XXVII shall receive a payment of three hundred dollars ($300.00) on the second paycheck in each fiscal year. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. ARTICLE XXX FAMILY AND PARENTAL LEAVE Bargaining unit members are eligible for paid leave benefits established by the City's Family and Parental Leave Policy. For the purpose of administering the provisions of this policy including leave and benefit amounts, limitations, and use of other leaves, a week will be defined as fifty-six (56) hours for employees assigned to twenty-four (24) hour shifts. 21 CITY OF IOWA CITY, IOWA By: 1 MA ATTEST: ' I'1i:%'� IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, [AFF, AFL-CIO, LOCAL #610 By: Date: (� ` �� Date: Approv by: 4 City Attorney's Office 22 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN 1 21.8545 2447.70 63640.20 29.3128 3283.03 85358.78 31.9643 3580.00 93080.00 FIRE PAY PLAN - FY25 EFFECTIVE JULY 7, 2025 2 6 MO. 22.7141 2543.98 66143.48 30.6931 3437.63 89378.38 33.4657 3748.16 97452.16 38 FIRE LIEUTENANT/TRAINING 44.7500 46.8520 3580.00 3748.16 93080.00 97452.16 Exhibit A-1 3 4 5 6 7 12 MO. 24 MO. 36 MO. 48 MO. 120 MO. 23.8401 24.6876 25.8742 26.9760 27.9325 2670.09 2765.01 2897.91 3021.31 3128.44 69422.34 71890.26 75345.66 78554.06 81339.44 IOWA 500 IOWA 500 HEALTH CARE COVERAGE APPENDIX B IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co -payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds the out of pocket maximum per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self -maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self -maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs — and rates — in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient • Semi -private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery • Diagnostic, x-ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician • Home and office visits • One routine annual physical exam • Pre -natal and post -natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies APPENDIX B THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions Nursing Services • Anesthetics Private -duty nursing services • Blood plasma • Casts Ambulance • Crutches • Air • Durable medical equipment • Ground • Other supplies when ordered by a physician DEDUCTIBLES AND CO -PAYMENT • Hospital — The Subscriber is responsible for the first two days of semi -private room and board. Per Hospital Admission. • Physician — The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. • Other Supplies/Services — The Subscriber first pays the deductible per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and/or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services 1 or 2 day deductible 90%/10% Single Deductible: Family Deductible: $800 $1600 90%/10% until out of pocket maximum Out of Pocket Maximum: Single OPM: Family OPM: $1300 $2600 IOWA 500 PAYS 100% of Covered Services Delta Dental of Iowa Employee Summary of Covered Services and Benefits City of Iowa City - Plan 2 Deductibles, Maximums & Eligibility Delta Dental Premier' ndw,dual Ded,,mble 525 °a:nuy Deducunle 575 Deducaole aoo;acs t] No 3enc::; hood Ni,;, num 51,500 `_Lgibie cntldren to age 25 Full nme (u^,mariedl ;t.,coms e = ;c .c ag•n a9 Benefits Check -Ups and Teeth Cleaning C•% (Diagnostic and Preventive Services) Dental Cle--g Oral Esaluaticr s . c!uor'de ,Acpllcauoas Y -Rays Cavity Repair and Tooth Extractions 2O4o (Routine and Restorative Services) -mergencf 7;eaun,�r, eneral it ai[nF iia/i?dali0r Resrorauon of Decayed or :rxcn:red T err -:,,-.ed Orclusai ad;u5tminr5 Zourtne Oral iurger, iealam Appl:cat ons `ioaee Vnir,miner, po5tenor Ccmpos:t_s ::; A:rcr—Ic-oce,5.rg Root Canals (Endodontic Services) 50% A p.cuectomy O'rect nolo Cap - Puf]otcmy 'Jeri Ogr de RIIIIrg- Soot Cana: Therapy Gum and Bone Diseases (Periodontal Services) 20% Lon5e Native Procedures Mon-Seri-iraii 'er:odontal Maintenance Tner;py High Cost Restorarions (cast Restorations) 50% Cast Restcranons CrCttvns slays onlays �osT and Cores aFrp^-en; �^., C•n:y r.;/Inhv;; On:aye. Dentures and Bridges (Prosthetic Services) Not Covered eriCge5 Dentures Reoairs and Adjustments Recemendng of Bridges Straighter Teeth (O'rthodontics) Not Covered Additional Options Enhanced 3zn,fj;; Proy-ran In^,luded -his dental plan Lncluees ;-..e Enhanccc 3enefits?rowan. ;E3p;,vhi:r-'dotes adc:trona; o._nafiis for Cevcred Pc-3n(sl w,m desigra[ed dents, or -tecleal _oeevens Pease refer to yaur cental c,refits dcc:.mert for .,t n15 :ie pelrent3ge sn01n :s th, CL`inilrrance amourt tnat:s :he esocns'o;Irty of :f e Ccver=d Jerson Tnr, s a general acscripuor ]f tn,erag, nc: a ;ratement ]f cur :en;r.,❑ Ao-ai .-.overage a subject to teras and •0ndnon5 sOceified n •he be-neti; : document r;;cl' and ^—Crnent reg,lar'ens un fcrce .vren me ]en,t'its become ekective Certain ,z.:vsio ns and mizatlo,, ipoly. press, r„ fer ro /oar dental be^.efits doc',,ment'ot 1 -tails 2022 Delta Dental of Iowa 9000 Northpark Dr, Johnston IA 50131 www.deltadentalia.com SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Lieutenant assigned to the Training/Public Education assignment will be defined as Lieutenant under Article I of the Collective Bargaining Agreement. A Lieutenant (56 hours per week) assigned to the Training/Public Education assignment with a 40 hour work week schedule, will continue to accrue vacation sick leave and holiday time at the higher shift rate while on the 40 hour assignment, and will use benefits on a pro -rated basis. The ratio of shift (56 hours), to regular week (40 hours), is 1.4. Therefore, this ratio will be used when reporting accrual usage; i.e., for every 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: 56 hours/40 hours = 1.4 Annual Hours Worked: 2912 hours/2080 hours = 1.4 Holiday Time: 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. (Shown in the Exhibit A Pay Plan as grade 38.) A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect July 1, 2022. CITY OF IOWA CITY By: _"'Izo 0! '_ — City Mana e Date: � 0//0/2-e IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 By: President Date: 6110o Z Z Item Number: 6.e. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution approving a purchase agreement for three condominium units at 4673 Herbert Hoover Highway. Prepared By: Sam Turnbull, Grants Specialist Reviewed By: Erika Kubly, Neighborhood Services Coordinator Tracy Hightshoe, Neighborhood Development Services Director Fiscal Impact: The acquisition will encumber approximately $945,700 of ARPA funds. Staff Recommendation: Approval Commission Recommendations: N/A Attachments: elevations (in condo declaration) Resolution 4673 Herbert Hoover Highway purchase agreement -signed Executive Summary: City Council designated expansion of affordable housing as an ARPA funding priority. This acquisition of three attached townhomes would expand the City owned housing portfolio managed by the Iowa City Housing Authority. The 3 -bedroom townhomes would be rented to low-income households at an affordable rate based on Fair Market Rents. Background /Analysis: Staff have been working to identify property to acquire using ARPA funds that would expand the City's publicly owned housing portfolio and serve as an investment in permanent affordable housing in our community. Considerations included selecting a property in an area that low-income households may not otherwise be able to afford, as well as providing units for larger sized -households. Three attached townhome units at 4673 Herbert Hoover were selected. Each home has three bedrooms and two bathrooms as well as an attached garage. The units are new construction which allows some opportunity to determine what amenities to include, such as durable flooring. Because ARPA is a one-time funding source, new construction is preferred over older units that would have higher ongoing maintenance costs. Units will be managed by the Iowa City Housing Authority. Rents are expected to be set at 90% of the Fair Market Rent which is currently $1,372 for a three-bedroom unit. Prioritization is anticipated to be given to Housing Choice Voucher participants who have been issued a 3 - bedroom voucher but are currently searching for housing. If there is no interest in that group of clients, eligibility would be expanded. The cost of the three units is set at $969,700 with a $24,000 credit provided at closing. A purchase agreement is in place contingent on City Council approval. The proposed possession date is September 16, 2024 with a Certificate of Occupancy obtained by August 30, 2024. Staff are currently searching for additional property to invest the remaining ARPA funds assigned to affordable housing. With a purchase of these three larger units, staff will prioritize one -bedroom units for the remainder of the funds. rla a a ra a al i � .l aiala!aialala+lam i � .lalala a.a,ai.a a a'a � � z,c ;�.a� I I �Ja a zc'�er r- aj��:p I I ��a�a rsj�'r'z� �'a a a -a a �.as,��� illa�aja�afa ■ a���e ���jaja�aja'a_�,■ a r�a a a'r:r al�w I I �'l ala!a�a`a�a[a.®1'. -_. I I �A !ala a'�•� �i� Prepared by: Susan Dulek, Frist Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 24-163 Resolution approving a purchase agreement for three condominium units at 4673 Herbert Hoover Highway. Whereas, staff has negotiated the attached Residential Purchase Agreement with the owner of 4673 Herbert Hoover Highway which contains three condominiums contingent on City Council approval; and Whereas, City Council allocated $1.6 million in ARPA funds for affordable housing; and Whereas, the City should acquire these units for affordable housing. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The attached Residential Purchase Agreement is approved. 2. Upon the direction of the City Attorney, the City Manager is authorized to execute all documents necessary to purchase 4673 Herbert Hoover Highway in accordance with the attached purchase agreement for affordable housing. Passed and approved this 18th day of June, 2024. ay Approved by Attest: � City Clerk City Attorne s Office (Sue Dulek — 06/11/2024) It was moved by Harmsen and seconded by MOe the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague dotloop signature verificatiorr. • • . ML SCounter Offer Form L 121 This form approved by the Iowa City Area Association AAiation of REALTORS' Q URBAN ACRES QCounter Offer I Counter Offer 2 `ppo ruml HOMINGWa ovvoaru"rtr Address of Property: 4673 Herbert Hoover Hwy, AB, and C, Iowa City, IA 52241 In response to the Offer Counter Offer made by FO -1 Buyer FET Seller Dated: 06/05/2024 The following counter offer terms are hereby submitted: 1. Change of purchase price: $969,700.00 Change of possession/closing date: none 3. Other changes: Seller will provide $24,000 multi unit credit at closing Addendum #3b An allowable will be given for flooring per unit. Buyers will go to the seller's vendor to loose their LVP option. Any cost above the allowance will be at the buyer's expense to be paid upon the rder. Addendum #3C—Seller agree to provide and install(material and labor) painted or stained poplar(wood) im around all doors and baseboard. Interior doors will be white masonife. The seller's disclosure for the building is attached. All other terms and conditions of the initial offer and any prior counter offers to purchase shall remain the same. Counter offer must be accepted by: 12:00 ®a.m. ®p.m. on the 7th day of June 2024 , or the original offer shall become null and void. Upon acceptance by all parties, the initial offer & accepted counter offer becomes a binding contract for the sale and purchase of the real estate described in the referenced purchase agreement. Seller Date Seller Date iA, 1 6. -1- ��V I oyer Date Buyer Date a"COUNTER OFFER NOT ACCEPTED" F61ADDITIONAL COUNTER OFFER Seller Date Seller Date Buyer uate 6uyer Date Page I of I R vd J,dv N, 2017 Prepared by: Susan Dulek, City Attorney's Office, 410 E. Washington, Iowa City, Iowa 52240, 319-356-5030 RESIDENTIAL PURCHASE AGREEMENT TO: Legacy Management Group LLC The City of Iowa City, a municipal corporation of the State of Iowa (herein "City" or "Buyer") hereby offers to buy, and the undersigned Seller, by its acceptance of this Agreement, agrees to sell the real property situated in Iowa City, Johnson County, Iowa, locally known as 4673 Herbert Hoover Highway, Iowa City, Iowa and legally described as follows: Units A, B, and C, 4673 Herbert Hoover Hwy, Legacy 4 Condominiums, according to the Declaration of Submission of Property to Horizontal Property Regime recorded in Book 6482, Page 815-861, Records of the Recorder of Johnson County, Iowa, together with said units' undivided interest in the common elements. together with all the Seller's right, title and interest in all buildings and improvements, if any located on the above-described real estate, and subject to any easements and appurtenant servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property''. The Property shall be conveyed with good, clear and marketable title, subject to the following Permitted Exceptions: 1. Zoning and building laws and ordinances; and 2. Covenants, restrictions, reservations and easements of record approved by City. In consideration of the covenants and obligations contained herein, the Seller and Buyer agree as follows: 1. PURCHASE PRICE. The Purchase Price for the Property shall be $910,000.00, to be paid as follows, with all title objections being corrected to show marketable title: $6,000.00 upon execution of this Agreement to be deposited in the trust account of Urban Acres to be delivered to Seller upon performance of Seller's obligations and satisfaction of the City's contingencies and the balance of the Purchase Price in cash at the time of closing. 2. REAL ESTATE TAXES. Seller shall pay the prorated share, based upon the date of closing, of the real estate taxes for the fiscal year in which closing occurs, due and payable in the subsequent fiscal year, and all unpaid taxes for prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Property shall be based upon such taxes for the year currently payable unless the parties state otherwise. 3. SPECIAL ASSESSMENTS. Seller shall pay all installments of special assessments which have been certified to the Johnson County Treasurer for collection before the Closing date. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Sellers. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. 4. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance until closing or possession, whichever first occurs. City may also insure the Property prior to closing or possession. The Property shall be preserved in its present condition, ordinary wear and tear excepted, and Seller shall deliver it intact at the time the City takes possession. Prior to the City taking possession, Seller shall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the City shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the City shall have the option to either 1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or 2) terminate this Agreement effective immediately. 5. POSSESSION AND CLOSING. If Seller timely performs all obligations, possession of the Property shall be delivered to City on September 16, 2024 or upon a later date mutually agreed to by the parties, and any adjustments of rent, insurance, taxes, interest and all charges attributable to the Seller's possession shall be made as of the date of closing. Closing shall occur after approval of title by Buyer's attorney. Seller agrees to permit City to inspect the Property within 48 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 6. FIXTURES. Except as provided herein, included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as: doors, screens, water softeners, water heaters, carpeting, fencing, gates, landscaping. 7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to City's attorney for examination. It shall show merchantable title in Seller in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of City when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or their assignees. 8. SURVEY. City, at City's expense, may have the Property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. If the survey is required under Chapter 354, Seller shall pay the cost thereof. 9. ENVIRONMENTAL MATTERS. (a) Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos or urea - formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the Property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Seller shall also provide City with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, private burial sites, solid waste disposal sites, hazardous waste and underground storage tanks on the Property unless disclosed here: (b) City may, at its expense, within 10 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, City's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to City. However, in the event Seller is required to expend any sum in excess of $5,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to City all Earnest Money paid and declare this Agreement null and void. The expense of any inspection shall be paid by City. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. (c) Radon. See attached Addendum. 10. DEED. Upon payment of the purchase price, Seller shall convey the Property to City by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by City. 11. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and City in the event of the death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 12. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this agreement only for the purpose of relinquishing all rights of dower, homestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 13. STATEMENT AS TO LIENS. If City intends to assume or take subject to a lien on the Property, Seller shall furnish City with a written statement prior to closing from the holder of such lien, showing the correct balance due. 14. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 15. APPROVAL OF COURT. If the Property is an asset of an estate, trust or conservatorship, this Agreement is contingent upon Court approval unless declared unnecessary by City's attorney. If the sale of the Property is subject to court approval, the fiduciary shall promptly submit this Agreement for such approval. If this Agreement is not so approved prior to the date of closing either party may declare this Agreement null and void, and all payments made hereunder shall be returned to City. 16. REMEDIES OF THE PARTIES. A. If City fails to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of City's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, City has the right to have all payments made returned to them. C. City and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the following addresses: Buyer --City of Iowa City, City Clerk, 410 E. Washington, Iowa City, Iowa 52240; Seller—Legacy Management Group, LLC, 1395 Jordan St., North Liberty, IA 52317. 18. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 19. COUNCIL APPROVAL. This agreement is contingent on the approval of the Iowa City City Council. 20. ADDENDUM. This agreement is contingent on Seller fulfilling the obligations set forth in the Addendum, which is attached and incorporated herein, to the satisfaction of the City. Said obligations will survive completion of closing and transfer of possession, will inure to the benefit and bind the successors and assigns of the City, and will be a covenant running with the title to the property. 21. CERTIFICATION. Seller certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are,not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Seller hereby agrees to defend, indemnify and hold harmless the City from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 22. ACCEPTANCE. When accepted, this Agreement will become a binding contract. If not accepted and delivered to City on or before June 10, 2024, at 9:00 o'clock a.m., this Agreement will be null and void. This Offer is presented to the Seller on this day of June, 2024. CITY OF IOW IOWA, BUYER BY: Kent Ralston, Acting Director of NDS Accepted this day of June, 2024. BY: (print name) on behalf of Legacy Management Group LLC (SELLER) ADDENDUM TO PURCHASE. AGREEMENT (4673 Herbert Hoover Highway) 1. Seller will obtain, at Seller's expense, a radon inspection in each of the 3 units after a Certificate of Occupancy is issued. Seller will provide the City with a copy of the 3 reports. If the radon test indicates a level of 4.0 picocuries per liter (pCi/L) or higher, Seller will install a radon mitigation system at Seller's expense. 2. Seller will obtain a Certificate of Occupancy by August 30, 2024. Seller will modify the approved construction drawings shown on Exhibits B and C of the Declaration of Submission of Property to Horizontal Property Regime recorded in Book 6482, Page 815-861, Records of the Recorder of Johnson County, Iowa in all 3 units as follows: a. Remove the fireplace; b. Laminate floors, except for staircases, instead of carpet; c. Wood baseboards instead of MDF baseboards; and d. Interior entryway light at the front door to be replaced with a more durable light fixture. 4. Seller will record an amendment to the Declaration of Submission of Property to Horizontal Property Regime recorded in Book 6482, Page 815-861, Records of the Recorder of Johnson County, Iowa to reflect the modifications described in Paragraph 2 above prior to closing. Item Number: 6.f. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution Approving Final Plat of Pine Grove — Part Two Subdivision, a Resubdivision of Lot 2 of Pine Grove Subdivision, Iowa City, Iowa. (SUB24-0003) Attachments: Staff Report final plat resolution STAFF REPORT To: City Council Prepared by: Rachael Schaefer, Item: SUB24-0003 Associate Planner Pine Grove - Part Two, a resubdivision Date: June 18, 2024 of Lot 2 of Pine Grove Subdivision GENERAL INFORMATION: Owner/Applicant: Contact Person: Requested Action: Purpose: Location: Location Map: Size: Existing Land Use and Zoning: Advantage Development, Inc. 2881 Independence Rd Iowa City, IA 52240 info@advantagebuilt.com Ron Amelon MMS Consultants, Inc. 1917 South Gilbert St Iowa City, IA 52240 r.amelon@mmsconsultants.net Approval of final plat Approval of Pine Grove - Part Two, a resubdivision of Lot 2 of Pine Grove Subdivision to create four residential lots and one outlot. Southwest corner of Lower West Branch Road and Pine Grove Lane 1.06 Acres Vacant; Medium -Density Single -Family Residential Zoning with a Planned Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 60 Day Limitation Period: Development Overlay (OPD/RS-8). North: Medium -Density Single -Family Residential Zoning with a Planned Development Overlay (OPD/RS-8), High -Density Single -Family Residential with a Planned Development Overlay (OPD/RS-12) South: Medium -Density Single -Family Residential Zoning with a Planned Development Overlay (OPD/RS-8). East: Medium -Density Single -Family Residential Zoning with a Planned Development Overlay (OPD/RS-8) West: Medium -Density Single -Family Residential Zoning with a Planned Development Overlay (OPD/RS-8) 2-8 Dwelling Units Per Acre Northeast NE3 May 9, 2024 July 8, 2024 BACKGROUND INFORMATION: The applicant, Advantage Development, Inc., has requested approval of a final plat for Pine Grove - Part Two, a 1.06 -acre resubdivision of Lot 2, of Pine Grove Subdivision. The property and 8.27 acres of adjacent land was rezoned (REZ15-00023, Ord. No 16-4659) on March 23, 2016, from low density single family (RS -5) zone and medium density single family (RS - 8) zone to RS -8 with a planned development overlay (OPD/RS-8). The rezoning had no conditions. The OPD rezoning approved the original Lot 2 for two fourplexes (eight residential units total). The proposed resubdivision would create four residential lots where the owner is proposing to construct four single family homes. In accordance with Section 14-8D-7 of the Zoning Ordinance, the proposed change from two fourplexes to four single-family homes was approved administratively as it did not significantly change the land use, street locations, or character of the development approved by the OPD. ANALYSIS: The final plat is in general compliance with the subdivision regulations. The four lots have frontage on Pine Grove Ln for vehicular access. The four lots meet the minimum lot width of 45', the minimum frontage of 40' and the minimum lot size of 5,000 sq ft that is required for detached single family units in the RS -8 zone. Staff has reviewed and approved the construction documents for Pine Grove - Part Two. Legal papers are currently being reviewed by staff. It is anticipated that these documents will be approved prior to the June 18, 2024, City Council meeting. Environmentally Sensitive Areas: A Final Sensitive Areas Development Plan was approved with the original Pine Grove Subdivision to protect the pine -woodland at the southeast corner of North 3 Scott Boulevard and Lower West Branch Road. The resulting conservation easement to protect the woodland is being maintained. A portion of this easement in on the northwest corner of lot 1. Neighborhood Open Space: The proposed subdivision includes residential uses which typically require neighborhood open space dedication. Fees were paid in lieu of the required open space dedication when the property was originally platted as a portion of the Pine Grove Subdivision in 2016. Therefore, no additional open space is required as part of this subdivision. Transportation: Outlot "A" of this plat will be dedicated to the owner of the property to the west to allow access from Pine Grove Lane to the condominiums at 260 N Scott Boulevard. The existing driveway entrances off the Outlot "A" drive to lots 2 and 3 will be removed. Access to all the proposed lots is provided via Pine Grove Lane. Lot 1 shall not have direct vehicular access to Lower West Branch Road. An existing sidewalk on the south side of Outlot "A" provides pedestrian access from Pine Grove Lane to the condominiums at 260 N Scott Boulevard. An additional sidewalk will be provided west of Pine Grove Lane, adjacent to lots 1-4. Infrastructure: Streets, sanitary sewers, water mains, and storm sewer were constructed as part of the original Pine Grove subdivision. The resubdivision will require an extension of an existing sanitary sewer line and new manhole; otherwise, all utility improvements will be privately owned and maintained. Public Works staff has reviewed and approved the plans for sanitary, water, and stormwater. NEXT STEPS: Once the final plat, legal documents, and construction drawings are approved the applicant can submit building permit applications. STAFF RECOMMENDATION: Staff recommends approval of SU B24-0003, an application submitted by Advantage Development, Inc., a Final Plat for Pine Grove - Part Two, a 1.06 -acre resubdivision of Lot 2, of Pine Grove Subdivision located at the southwest corner of Lower West Branch Road and Pine Grove Lane. ATTACHMENTS: 1. Final Plat Approved by: Kent Ralston, AICP, Acting Director Department of Neighborhood and Development Services .m rvd �..-: aovsys s. - aseve�asavzssmm �00 O ZZ Q�aD JQO GNU loo J J L1J LL \QZ Z zQoO �vm= W a U Z < �QO by rcp W o ¢ sg �gcv a Z ❑ � �w� s�vewi 4 B' $ oa�vexq I� B 1Wllllvvm 11111�M\� M p� p tae deg Q �s J Wr Z ¢Z¢ U $" o bpd w g 8 as ZQ LL a� 4O 0 �00 O ZZ Q�aD JQO GNU loo J J L1J LL \QZ Z zQoO �vm= W a U Z < �QO iee=s iia i5i4zz3 .� — w"' d Z Bfi Rd ndnn_m: W o a Ezo a € ads J _ - � t L s h aMo by rcp W o ¢ sg �gcv a Z ❑ � �w� s�vewi 4 B' iee=s iia i5i4zz3 .� — w"' d Z Bfi Rd ndnn_m: W o a Ezo a € ads J _ - � t L s h aMo by rcp T sg �gcv a $ oa�vexq I� B 1Wllllvvm 11111�M\� `�N lUk JANJ by rcp $ w M tae deg g o 3 U zz � 00 Fdo m 5 o e r to k<-' Doc ID: 032299760018 Type: GEN Kind: SUBDIVISION Recorded: 06/26/2024 at 12:15:42 PM Fee Amt: $92.00 Page i of 18 Johnson Countv Iowa Kim Painter County Recorder BK6573 PG355-372 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r It CITY F IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX wwivJcgov.org I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 24-164, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of June 2024, all as the same appears of record in my office. Also attached are the final legal documents for Pine Grove — Part Two Subdivision, Iowa City, Iowa. Dated at Iowa City, Iowa, this S day of 2024. Kellie It. Grace City Clerk \res subdivision Prepared by: Rachael Schaefer, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (SUB24-0003) Resolution No. 24-164 Resolution Approving Final Plat of Pine Grove — Part Two Subdivision, a Resubdivision of Lot 2 of Pine Grove Subdivision, Iowa City, Iowa. (SUB24- 0003) Whereas, the owner, Advantage Development, Inc., filed with the City Clerk the final plat of Pine Grove - Part Two Subdivision, Iowa City, Iowa, Johnson County, Iowa; and Whereas, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: LOT 2 OF PINE GROVE TO IOWA CITY, IOWA. IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 270 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. SAID LOT 2 CONTAINS 1.06 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Whereas, the Neighborhood and Development Services Department and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Whereas, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Whereas, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2024) and all other state and local requirements. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after ,passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No.24-164 Page 2 Passed and approved this 18th day of . June , 2024. Ma Approved by Attest: LL _�� �f� City Clerk It was moved by Harmsen adopted, and upon roll call there were: Ayes: pcd/templates/SUB24-0003 ResoIution.doc.doc Z'f City Attorney' Office (Sara Hektoen — 06/10/2024) and seconded by Moe Nays: Absent: the Resolution be Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.g. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the City of Iowa City and HDR Engineering, Inc., of Omaha, Nebraska to provide environmental compliance and engineering consultant services for the Iowa City Landfill and Recycling Center. Prepared By: Joe Welter - Senior Civil Engineer Reviewed By: Jen Jordan - Resource Management Superintendent Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $575,500; available in Landfill Engineering Services, Account Number, 75750121 — 432090 Staff Recommendation: Approval Attachments: Resolution HDR Consultant Agreement Executive Summary: This agenda item approves the consultant agreement to provide ongoing environmental compliance and engineering services to comply with local, state, and federal regulations for the Iowa City Landfill and Recycling Center through June 30, 2029. Background /Analysis: The Landfill Facility operates according to the following permits: • Iowa Department of Natural Resources (DNR) Sanitary Disposal Project (SDP) Permit Number 52 -SDP -01-72P • DNR Compost Facility Permit Number 52 -COM -02-22 • DNR Title V Operating Permit, Air Quality Operating Permit Number 00 -TV -007R3 In addition to the requirements of these permits, some regulatory requirements for the Facility are contained within Section 567, Environmental Protection, of the Iowa Administrative Code (IAC). The Facility is also subject to certain federal regulations administered by the United States Environmental Protection Agency (EPA). These regulations are under Title 40, Protection of Environment, of the Code of Federal Regulations (CFR). As part of this project, HDR will assist the City in environmental compliance and engineering services with local, state, and federal regulations, through June 30, 2029. Additionally, HDR will assist the City with: • Preliminary design and plan for the next solid waste landfill cells located in the Northeast Expansion Area of the Facility • Updating the Development of Operations (DOPS) to current landfill operations and to assist City staff in achieving the desired fill within the existing landfill cells. • Developing a Geographic Information System (GIS) for the Facility • Developing a plan for future landfill gas collection systems and expansions • Assisting with permit amendments for future solid waste landfill operations of potential acquisitions of additional properties • Preparing the necessary applications and supporting documentation for the renewal of the Facility's permits Prepared by: Joe Welter, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5144 Resolution No. 24-165 Resolution approving, authorizing and directing the Mayor to execute and the City Clerk to attest an Agreement by and between the. City of Iowa City and HDR Engineering, Inc., of Omaha, Nebraska to provide environmental compliance and engineering consultant services for the Iowa City Landfill and Recycling Center. Whereas, the City owns and operates the Iowa City Landfill and Recycling Center (Facility), which has ongoing environmental compliance and engineering requirements to comply with local, state, and federal regulations; and Whereas, the City desires a preliminary design and plan for the next solid waste landfill cells located in the Northeast Expansion Area of the Facility; and Whereas, the City desires to update the Development of Operations (DOPS) to current landfill operations and to assist City staff in achieving the desired fill within the existing landfill cells; and Whereas, the City desires to develop a Geographic Information System (GIS) for the Facility; and Whereas, the City desires to develop a plan for future landfill gas collection systems and expansions; and Whereas, the City desires to obtain permit amendments for future solid waste landfill operations of potential acquisitions of additional properties; and Whereas, the Consultant will provide annual environmental compliance monitoring and reporting services to assist the City in compliance with the Facility's permits: Iowa Department of Natural Resources (DNR) Sanitary Disposal Project (SDP) Permit Number 52 -SDP -01-72P, DNR Solid Waste Compost Facility Permit Number 52 -COM -02-02, and Title V Operating Permit, Air Quality Operating Permit Number 00 -TV -007R4; and Whereas, the Consultant will prepare the necessary applications and supporting documentation for the renewal of the Facility's permits; and Whereas, the City desires to obtain the services of a qualified consulting firm to provide these services between July 1, 2024 and June 30, 2029; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 10, 2022, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Resolution No. 24-165 Page 2 Whereas, the City of Iowa City has negotiated an Agreement for said consulting services with HDR Engineering, to provide said services; and Whereas, it is in the public interest to enter into said Consultant Agreement with HDR Engineering; and Whereas, funds are available in the Landfill Engineering Services, Account Number 75750121 — 432090, and; Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement. 3. The City Manager is authorized to execute amendments to the Consultant Agreement as they may become necessary. Passed and approved this 18th day of June 20 24 r Attest: A�L(U' City derk It was moved by Harmsen and seconded by adopted, and upon roll call there were: Ayes: x Nays: Approved by City Attorn 's Office (Liz Craig — 06/13/2024) Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Consultant Agreement This Agreement, made and entered.into this 18th day of June 2024 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and HDR Engineering, Inc., of Omaha, Nebraska, hereinafter referred to as the Consultant. Whereas, the City owns and operates the Iowa City Landfill and Recycling Center (Facility), which has ongoing environmental compliance and engineering requirements to comply with local, state, and federal regulations; and Whereas, the City desires a preliminary design and plan for the next solid waste landfill cells located in the Northeast Expansion Area of the Facility; and Whereas, the City desires to update the Development of Operations (DOPS) to current landfill operations and to assist City staff in achieving the desired fill within the existing landfill cells; and Whereas, the City desires to develop a Geographic Information System (GIS) for the Facility; and Whereas, the City desires to develop a plan for future landfill gas collection systems and expansions; and Whereas, the City desires to obtain permit amendments for future solid waste landfill operations of potential acquisitions of additional properties; and Whereas; the Consultant will provide annual environmental compliance monitoring and reporting services to assist the City in compliance with the Facility's permits: Iowa Department of Natural Resources (DNR) Sanitary Disposal Project (SDP) Permit Number 52 -SDP -01-72P, DNR Solid Waste Compost Facility Permit Number 52 -COM -02-02, and Title V Operating Permit, Air Quality Operating Permit Number 00 -TV -007R4; and Whereas, the Consultant will prepare the necessary applications and supporting documentation for the renewal of the Facility's permits; and Whereas, the City desires to obtain the services of a qualified consulting firm to provide these services between July 1, 2024 and June 30, 2029; and Whereas, the City issued a Request for Qualifications, On -Call Professional Design and Engineering Services (2023-2025), October 10, 2022, to private consulting firms interested in providing design and engineering services related to public improvement projects in the City of Iowa City; and Whereas, submittals were received from consulting firms and evaluated by a selection committee; and Whereas, Consultant was selected based on qualifications, key personnel, project approach, and fees and rates; and Whereas, funds are available in the Landfill Engineering Services, Account Number 75750121 — 432090, and; Now therefore, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. Page 1 I. Scope of Services Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Task Series 100 — Project Management TASK 101 — PROJECT MANAGEMENT (FY2025 — FY2029) The Consultant will conduct communications between City and Consultant personnel; plan, organize, and monitor project team activities; attend meetings as requested; and prepare and update project schedules. The Consultant will provide support and assistance to City in communicating the key attributes of the project to members of the public and City. Task Deliverables: • Monthly invoices and progress reports describing work conducted during the previous billing period and projected work to be completed within the upcoming billing period. Planned Meetings, Key Understandings, and Assumptions: • Meetings are identified in other tasks and will be billed under Task 301 — General Engineering Services. Task Series 200 — Annual Environmental Compliance Monitoring & Reporting Services TASK 201 —GROUNDWATER MONITORING PLANNING & ASSISTANCE (FY2025 — FY2029) In preparation for groundwater sampling field services, Consultant will provide guidance and direction to the City's field staff who are conducting the field sampling services. The guidance provided will include the proposed sampling and analytical program for the upcoming groundwater sampling event. Depending on the monitoring program, monitoring schedule, and/or verification or resampling activities, the sampling and analytical program could be altered from event to event. Consultant will provide the City with the required monitoring program for the upcoming sampling event and assist the City's staff in ordering the correct sampling containers for the event. Consultant will provide the City's staff a sample order request form prior to each groundwater sampling event. The sample order form will identify the monitoring wells proposed for groundwater sample collection and the analytical parameters that require to be analyzed during the sampling event. The Consultant will forward the sample order request form to the City's subcontracted analytical laboratory (Eurofins Environmental Testing North Central, LLC.) for compiling the required sample containers and supplies. The. subcontracted analytical laboratory will deliver the sample containers to the City's staff for the schedule sampling event. In addition to the sample order requests, Consultant will also provide guidance to the City's field personnel for ancillary items related to groundwater sampling and reporting. This may include, but is not limited to, sample collection order, adjustment of sampling protocol or techniques, or implementing permit changes or IDNR comments related to groundwater field services. It is anticipated the Consultant will provide planning and assistance on two compliance sampling events (compliance) during a fiscal year. If additional sampling events occur as a result of a monitoring program change or as a result of landfill expansion (i.e., establishing background concentrations at new monitoring wells), additional services will be conducted on a time and materials basis in accordance with the set rate schedule when the services are conducted or at the fee agreed upon in a task order request. Planned Meetings: • No planned meetings for these services. Information will be conveyed via e-mail between Consultant and City. Page 2 Deliverables: • Sample order request form prior to each groundwater sampling event (up to four [4] per fiscal year). Forms will be forwarded to the analytical laboratory for ordering sample bottles and supplies. Key Understandings and Assumptions: • Consultant will provide the sample order request forms to the City's field staff and the analytical laboratory at a minimum one week prior to each groundwater sampling event. The City will coordinate with the Consultant on the tentative schedule for groundwater sampling services. • Groundwater monitoring and sampling services will be conducted by the City's personnel. The proposed services are for planning and assistance by the Consultant. The Consultant will not have personnel onsite for groundwater sampling services. If the City requests the Consultant to be onsite for groundwater sampling activities, the additional scope of services and fees will be discussed and agreed upon prior to the Consultant's staff arriving onsite. TASK 202 — ANNUAL WATER QUALITY REPORTING (AWQR) (FY2025 — FY2029) Results of groundwater monitoring and statistical analyses from the spring and fall semiannual monitoring events will be combined into a single AWQR for submittal to DNR by February.28th of each year. This report will provide a comprehensive evaluation of the following for the Facility: • Summarize groundwater monitoring field services and statistical analysis of monitored parameters; • Summarize and recommend changes to regulatory status and/or modifications to the ' monitoring network; • Document effectiveness of source control measures and source control monitoring associated with the implemented corrective measures and the Corrective Action Monitoring Program (CAMP). The required Leachate Control System Performance Evaluation Report (LCSPER) and Gas (Methane) Monitoring Report will also be prepared as part of this task and included within the AWQR. Both reports will provided the following for the Facility: • Consolidate the annual monitoring data and system inspections or maintenance completed during the reporting period; • Evaluate the data for trends, regulatory compliance, or gaps; • Provide recommendations for modifications to the leachate or landfill gas management systems based on the data evaluation. A draft AWQR will be submitted to the City for review and comment. A meeting between the City and Consultant will be tentatively planned to discuss details of the AWQR and address comments. Comment resolution and preparation of the final AWQR will occur prior to the permit established February 28' submittal deadline. Planned Meetings: • Draft AWQR Review Meeting with City staff (conference or virtual call). Deliverables: • Draft report for City's review and comment • Final report for submittal to the City and DNR, prior to February 28th annual permit established deadline. Page 3 Key Understandings and Assumptions: • Development of the AWQR shall be in accordance with Iowa Administrative Code (IAC) Chapter 113, subrule 113.10(10) Annual waterquality reports. • Development of the LCSPER shall be in accordance with IAC Chapter 113, subrule 113.7(5)"b"(14). • Development of the Gas (Methane) Monitoring Report shall be in accordance with IAC Chapter 113, subrule 113.9(2)"d". • Site-specific requirements under SDP Permit No. 57 -SDP -01-72P shall be followed. TASK 203 — SEMI-ANNUAL GROUNDWATER COMPLIANCE SPRING STATISTICAL REPORT (FY2025 — FY2029) Following the statistical methodology for organic and inorganic constituents outlined in Iowa Administrative Code (IAC) Chapter 113, the Facility's SDP permit and applicable revisions, and U.S. Environmental Protection Agency's (EPA's) Statistical Analysis of Groundwater Monitoring Data at Resource Conservation and Recovery Act (RCRA) Facilities (Unified Guidance), Consultant will complete statistical analysis and data evaluation of groundwater analytical data using SanitasTM software within 10 business days following receipt of analytical results from the laboratory. If the statistical analysis indicates a verified statistically significant increase (SSI) or an exceedance above the Ground Water Protection Standards (GWPS), a letter will be submitted to DNR within 14 -days of confirmation of the exceedance. As with all regulatory submittals, a draft letter will first be provided to the City for review and comment prior to final submittal to DNR, however, due to the extremely tight regulatory timeline, the preferred two-week lead time is not possible in these situations. A semiannual monitoring report will be drafted for the spring semiannual groundwater compliance sampling event. The semi-annual report will summarize the field services conducted and data collected during the spring sampling event. The semi-annual report will also include the results of the statistical analysis and summarize changes to the monitoring program(s) for the Facility. Services conducted, data collected, and results received as part of the fall semiannual groundwater compliance sampling event will be incorporated into the Annual Water Quality Report (AWQR), which is detailed under Task 202 — Annual Water Quality Reporting. Planned Meetings: • Draft Spring Statistical Report Review Meeting with City staff (conference or virtual call). Deliverables: • Draft Spring Statistical Report for City's review and comment • Final Spring Statistical Report for submittal to the City and DNR, prior to June 30, which coincides with the end of the City's fiscal year. Key Understandings and Assumptions: • It is assumed the City does not own their own Sanitas"I software license and the license fee will be paid by Consultant. • Statistical analysis and data evaluation will be completed within 10 business days following receipt of analytical results from the laboratory. • If the statistical analysis indicates a verified SSI or an exceedance above the GWPS, a letter will be submitted to DNR within 14 -days of confirmation of the exceedance. • Site-specific requirements under SDP Permit No. 57 -SDP -01-72P shall be followed. TASK 204 — MONTHLY LEACHATE LEVEL MONITORING REPORTS (FY2025 — FY2029) Results of monthly leachate level monitoring, completed by City's staff, will be provided to Consultant within seven (7) days of completing the monitoring event. For each event, the Consultant will review and tabulate the collected data and complete an evaluation for compliance Page 4 with applicable DNR regulations. Trend analyses will also be completed to evaluate overall performance of the system. Planned Meetings: • None Anticipated. Deliverables: • Monthly Leachate Report(s) submitted to City within five (5) business days following receipt of field measured data from the City's staff. Key Understandings and Assumptions: • Leachate level [field measurement] monitoring will be completed by City's staff. Monthly report submittals will be contingent upon receipt of data from City. TASK 205 — QUARTERLY METHANE MIGRATION MONITORING SUPPORT (FY2025 — FY2029) Quarterly methane migration monitoring will be conducted by the City's staff. The raw data will be provided to the Consultant by the City for review and response following completion of the monitoring event. The Consultant will provide a quarterly Methane Migration Report inclusive of the methane migration monitoring requirements, results, and additional comments as necessary. An exceedance of 25 percent of the methane lower explosive limit (LEL) in facility structures or 100 percent of the LEL at the property boundary will be reported by City's staff to Consultant immediately following completion of the monitoring event as the first step in initiating the required sequence of responses actions. As required by IAC Chapter 113, Consultant will work with the City on an as-needed basis to place a description of the detection and steps taken to protect human health and the environment into the operating record within seven days of an exceedance, if detected, and within 60 days, implement a gas collection system expansion or otherwise apply for a variance to this timeline based on alternate response measures. In Consultant's experience, the act of adjusting the landfill gas wellfield in the vicinity of the exceedance and actively communicating this response action to DNR qualifies as an appropriate response measure, and a physical expansion of the gas system is not typically necessary, if a response is seen at the monitoring probe. Planned Meetings: • None Anticipated. Deliverables: • Quarterly Methane Migration Report(s) submitted to City within five (5) business days following receipt of field measured data from City's staff. • Quarterly Reports will be incorporated in the annual Gas (Methane) Monitoring Report submitted under Task 203 — Annual Water Quality Reporting. Key Understandings and Assumptions: • Methane level [field measurement] monitoring will be completed by the City's staff. • When corrective action and additional methane monitoring is required due to a monitored exceedance, additional response actions and regulatory correspondence performed by Consultant will be completed on a time and materials basis in accordance with the set rate schedule when the services are conducted or at the fee agreed upon in a task order request. TASK 206 — ANNUAL. GREENHOUSE GAS REPORTING (FY2025 — FY2029) Annual greenhouse gas reporting is required for the Facility per Title 40 Code of Federal Regulations (CFR), Part 98. The required greenhouse gas data needs to be submitted annually via the EPA's electronic Greenhouse Gas Reporting tool (e-GGRT) by March 31s' of each year. The City's staff will conduct the data collection and required monitoring and provide that Page 5 information to the Consultant. The Consultant will conduct the calculations and draft the applicable files that are required for submission via the e-GGRT system. Draft versions of the applicable files will be provided to the City for review and comment. The Consultant will work with the City to have an authorized individual submit the required information via e-GGRT. Planned Meetings: • None Anticipated. Deliverables: • Draft files of greenhouse gas calculations for City's review and comment by March 15tH • Submittal of greenhouse gas calculations by either City or Consultant authorized individual to the EPA via the e-GGRT system by March 31 St Key Understandings and Assumptions: • City personnel will collect the necessary greenhouse gas data and provide the data to Consultant for review, calculation, and development of the required reporting files. • The data collected during the monitored calendar year (January to December) will be provided to the Consultant by the City by January 31St of the subsequent year. Draft calculations will be prepared and submitted to the City by March 15th. The finalized calculations and reporting will be submitted via e-GGRT by March 311 • To assist with reporting via the e-GGRT system, it is assumed the Consultant will have a Designated Representative that can submit documents via the e-GGRT system on the behalf of the City for the facility. The City would need to provide access to the Designated Representative. If the City would prefer to not have a Designated Representative via the Consultant, the Consultant would have the data calculations prepared and ready for submittal by the City prior to March 31 St TASK 207 — SEMIANNUAL TITLE V MONITORING DEPORTING (FY2025 — FY2020) Semiannual monitoring reports are required by Condition G5 of the existing Title V Permit No. 00- TV-007R4. The semiannual monitoring reports are due to DNR by March 311t and September 30th each calendar year. The six (6) month monitoring periods are July 1 St through December 31 St and January 1St through June 30th. The semiannual monitoring reports will include all instances of deviations from permit requirements and are required to be signed by the City's responsible official. A draft of each semiannual monitoring report will be provided to the City for review by March 15th and September 15th prior to the submittal deadlines of March 311 and September 30tH respectively. The City's comments on the draft semiannual monitoring reports will be incorporated into the final reports for submittal to DNR. The reports will be submitted by Consultant on behalf of the City by the respective. due date. The semiannual report for the July 1 St through December 31St period with a due date of March 31s' will be compiled with the Title V Annual Compliance Certification Report included under Task 208 — Annual Title V Compliance Certification, Annual Emissions Inventory, and Annual Fee Assistance. Planned Meetings: • None Anticipated. Deliverables: • Draft Semiannual Title V Monitoring Report for City's review and comment by March 15th • Final Semiannual Title V Monitoring Report submitted to the City and DNR by March 31St (submitted in conjunction with Title V Annual Compliance Certification Report). • Draft Semiannual Title V Monitoring Report for City's review and comment by September 15th • Final Semiannual Title V Monitoring Report submitted to the City and DNR by September 30tH Page 6 Key Understandings and Assumptions: • The City will provide the working files of the previous semiannual Title V monitoring report to the Consultant in a timely manner. • Site data for preparation of the semiannual Title V monitoring reports will be provided to Consultant within three (3) weeks from the end of each reporting period. • Wellhead readings and other field data required for reporting will be collected by City personnel and provided to the Consultant. • The City will provide data and measurements collected by others prior to start of services on July 1St, 2024. TASK 208 — ANNUAL TITLE V COMPLIANCE CERTIFICATION, ANNUAL EMISSIONS INVENTORY, AND ANNUAL FEE ASSISTANCE (FY2025 — FY2029) An annual compliance certification is required by Condition G4 of the existing Title V permit (No. 00 -TV -007R4). The annual compliance certification is due to DNR and EPA by March 311t and covers services and activities conducted during the previous calendar year. The annual compliance certifications will include discussion of the compliance status of all emissions sources including emissions limitations, standards, and work practices in accordance with applicable requirements. The certification for a source shall include the identification of each term or condition of the permit that is the basis of the certification; the compliance status; whether compliance was continuous or intermittent; the method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with all applicable regulations and rules. The annual compliance certification is required to be signed by the City's responsible official. A draft of the annual compliance certification will be provided to the City for review by March 15tH The City's comments on the annual compliance certification will be incorporated into the final certification and be submitted to DNR and EPA Region VII by the Consultant on behalf of the City by March 31St An annual emissions inventory is required by Condition G6.3 of the Title V permit. The inventory is due to DNR by March 31 St and covers the period from the previous calendar year. The inventory will document actual emissions for the previous calendar year. The annual emissions inventory will be reported electronically via the DNR's State & Local Emissions Inventory System (SLEIS). The Consultant will compile and submit the inventory data via SLEIS. The annual fee payment is required by Condition G6 of the Title V permit. The Consultant will assist the City with submitting the required fees utilizing the information from the annual emissions inventory. Planned Meetings: • None Anticipated. Deliverables: • Draft Annual Compliance Certification for the City's review by March 15tH • Final Annua[Compliance Certification submitted to the City, DNR, and EPA by March 31St • Submittal of Annual Emission Inventory Data via DNR's SLEIS by March 31St Key Understandings and Assumptions: • The City will provide the working files of the previous annual compliance certification to the Consultant in a timely manner. • Site data for preparation of the annual compliance certification and annual emission inventory will be provided to the Consultant within three (3) weeks from the end of each reporting period. • The City will provide data and measurements collected by others prior to start of services on July 1St, 2024. Page 7 • Consultant will assist the City in calculating the annual fee based on the annual emissions inventory. The City will directly pay the annual fee required by the Title V permit requirements. TASK 209 — SEMIANNUAL LANDFILL GAS COLLECTION SYSTEM (LFGCS) OPERATING REPORT (FY2025 — FY2029) Consultant will prepare the Semiannual LFGCS Operating Reports. These reports will comply with the regulatory requirements outlined in New Source Performance Standards (NSPS) Subpart XXX and National Emission Standard for Hazardous Air Pollutants (NESHAP) reporting, as applicable. Operational data will be provided to the Consultant by City staff, as needed and requested, for the completion of the semiannual reports. Planned Meetings: • None Anticipated. Deliverables: • Draft Semiannual LFGCS Monitoring Report for City's review and comment by February 28th • Final Semiannual LFGCS Monitoring Report submitted to the EPA by March 31 St • Draft Semiannual LFGCS Monitoring Report for City's review and comment by August 31 St • Final Semiannual LFGCS Monitoring Report submitted to the EPA by September 30tH Key Understandings and Assumptions: • The City will provide the working files of the previous semiannual LFGCS monitoring report to the Consultant in a timely manner. • Site data for preparation of the semiannual LFGCS monitoring reports will be provided to Consultant within three (3) weeks from the end of each reporting period. • The City will provide data and measurements collected by others prior to start of services on July 1St, 2024. TASK 210 — COMPOST FACILITY MONITORING AND COMPLIANCE CONSULTATION SERVICES (FY2025 — FY2029) Per the Facility's Compost Operating Permit (No. 52 -COM -02-22), the City is required to collect data and monitor their compost operations as well as submit annual reports to the DNR. The Consultant understands the City is conducting these services internally. If the City requires consultation or review of documents required by the permit, the Consultant can provide these services at a time and materials fee based on the agreed upon fee sheet. For budgeting, the Consultant is assuming approximately eight hours for a Solid Waste Project Manager to answer questions and review the annual report on an annual basis. If services exceed this annual time and materials budget, the Consultant will discuss anticipated remaining efforts with the City and provide an updated fee for the scope of services. Planned Meetings: • None Anticipated. Deliverables: • Response e-mails for inquiries provided by the City or comments related to the review of the annual report. Key Understandings and Assumptions: • The fee for these services is limited to eight hours per year for a Solid Waste Project Manager. Depending on the magnitude of the service(s) requested additional fees may apply. The Consultant will discuss with the City should the requested service(s) exceed the establish annual budget and establish a revised budget prior to work proceeding. Page 8 The City will be taking the lead on meeting the required deadlines for submittals. If the City requests Consultant to provide consultation or review services related to this task, the City will provide a requested response deadline to the Consultant and that it is a reasonable timeframe for the scope of the services being requested. The Consultant will discuss with the City on the appropriate turnaround time for services prior to initiating activities. TASK 211 — ANNUAL TRAINING SERVICES (FY2025 — FY2029) The City may require general consulting for training of staff to be conducted by the Consultant for various tasks or permit related items. For budgeting, the Consultant is assuming approximately 24 hours for a Solid Waste Project Manager to provide services related to training services on an annual basis. If services exceed this annual time and materials budget, the Consultant will discuss the situation with the City and provide an updated fee for the scope of services. Planned Meetings: • None Anticipated. Deliverables: • Variable depending upon requests by the City. Key Understandings and Assumptions: • The fee for these services is limited to 24 hours per year for a Solid Waste Project Manager. Depending on the magnitude of the service(s) requested additional fees may apply. The Consultant will discuss with the City should the requested service(s) exceed the establish annual budget and establish a revised budget prior to work proceeding. Task Series 300 — Annual Engineering Services TASK 301 — GENERAL ENGINEERING SERVICES (FY2025 — FY2029) Consultant will conduct general engineering services, when requested by the City. General engineering services may include, but are not limited to: • Miscellaneous site infrastructure monitoring, reporting, and maintenance. • Engineering design, construction quality assurance, and construction contract administration of small, unplanned, infrastructure projects. • Budget and planning assistance for current and future projects. • Meetings with regulators, governing agencies, or other related entities. • Regulatory reviews, research, correspondence, and applicability determinations. • Attendance of meetings, preparation of materials and presentations. • Routine (once per quarter is assumed) site visits and associated real-time operational planning and consulting related to normal fill operations, soil borrow operations, wet and inclement weather fill operations, and support of fundamental support systems (storm water management, landfill gas, leachate management, roads, electrical supply, etc.). • On-going capital project planning and outlook over a 5 -year window: o Soil management, storm water management, etc. o Ancillary infrastructure. o Define design and construction schedules and provide budgetary cost opinions. Detailed design is not included. • Miscellaneous site survey(s). Task Deliverables: • Necessary correspondence or memorandums, depending upon the requested engineering service. • As appropriate to requested services/tasks (Meeting notes/Minutes, observation reports, photos, draft and final correspondence, etc.). • Observation Reports / Summaries, provided to City • Fill Plan updates (PDF and electronic for equipment GPS utilization) Page 9 Planned Meetings: • Onsite meetings, as requested. • Assumed four (4) quarterly onsite meetings to assist operations and general site evaluation. Key Understandings and Assumptions: • Necessary correspondence or memorandums, depending upon the requested engineering service. • Miscellaneous reimbursable expenses will be charged under this task. TASK 302 — ANNUAL SITE SURVEY / AIRSPACE UPDATE (FY2025 — FY2029) HDR will complete a topographic survey of Facility to include active cells and soil borrow areas for use in completing the airspace analysis to evaluate operational performance over the prior 12 - month period. The survey will be divided into discrete areas for normal fill operations, wet -weather disposal operations, and soil borrow operations to allow more detailed analysis of operational metrics. Survey data will be used to construct three-dimensional models of the existing topographic ground surface and compared to topographic data from prior periods to calculate consumed airspace and soil resources during the subject period. Total airspace consumption will be divided by tonnage received as measured by scales during the subject period to calculate a net airspace utilization factor. In addition to an airspace utilization factor, the airspace analysis will include the following: • Elevation isopach figures showing feet and volume of consumed airspace over the active fill areas. • Elevation isopach figure showing remaining airspace available between existing grade and permitted final waste elevations, and between existing grade and top of usable constructed airspace. • Soil utilization consumption rate, soil excavation elevation isopach figure, and waste to soil usage ratio. • Trend analyses for soil utilization efficiency and airspace utilization ratio. • Sensitivity analysis projecting depletion of usable constructed airspace over time for up to five (5) tonnage and compaction scenarios. • Projected schedule of airspace depletion and impact on next cell construction and capping timelines. • Phase site development, fill sequence, and general operational planning. Develop fill plan updates as required, minimal assumption is twice annually to review the fill plan in coordination with airspace survey. Planned Meetings: • None Anticipated. Deliverables: • Facility Airspace Analysis Report and associated drawings. • Base CAD file update with current managed surface data and aerial imagery in .dwg format. • Facility Aerial Photography prints. Key Understandings and Assumptions: • City will provide all electronic files associated with most recent survey (2023 survey). • City will provide most. recent annual airspace analysis in order for Consultant to obtain historical tonnages, airspace consumed, soil usage, etc. • Airspace reporting and analysis will be provided within 30 days of receipt of survey deliverables from subconsultant. Page 10 Topographic survey will be obtained by aerial drone surveying services, subcontracted by HDR with no markup. Survey services include: o UAV data collection over approx. 650 acres (active disposal and soil borrow areas). o High resolution digital orthographic GeoTIFF photo of survey area. o Low resolution digital orthographic GeoTIFF photo for CAD plan set background. o DWG file with X -referenced low resolution orthophoto. o HDR, or additional subconsultant, to survey targets for ground control points (GCP) and provide a CSV file with GCP data and topo check shots. o Flight date within the last week of June or the first week of July of each year. TASK 303 — FINANCIAL ASSURANCE UPDATE (FY2025 — FY2029) HDR will use results of previously completed airspace analysis completed in Task 302 — Annual Site Survey / Airspace Update, as well as changes to the Facility infrastructure and/or environmental monitoring requirements from the prior calendar year, to update the closure and post -closure care financial assurance estimates by no later than August 31s', prior to the City's fall auditing. Financial assurance estimates will be further refined based on consumer price index changes from the preceding calendar year and/or other applicable changes to market dynamics, which are otherwise not considered in the prior year's estimates. In accordance with IAC rule 567 — 113.14(455B), HDR will provide a summary letter and detailed cost estimates sealed by an Iowa -licensed professional engineer (PE) for the City's use in submitting the annual financial assurance documentation and payment. Planned Meetings: • None Anticipated. Deliverables: • Iowa -licensed PE stamped letter and cost estimates for closure and post -closure care of Facility. Key Understandings and Assumptions: • The cost estimates will be based on current dollars for the cost to close the Facility as currently permitted. Annual adjustments for inflation, typically provided by the DNR, will be included. TASK 304 - GIS DATABASE MANAGEMENT AND MAINTENANCE (FY2025 — FY2029) HDR will host and conduct management and maintenance of the ArcGIS Online platform, a web - based GIS software content management system, for the Facility. The online GIS platform will be the central repository for data and applications for both Consultant and City users. Consultant will assist in the continued configuration and management of the database. Consultant will integrate applicable ESRI Field Applications (Collector, Survey123, Field Maps) with current operational efforts to support data collection and management by City staff. The applications will be configured to include data that can be edited and updated with little to no GIS experience. Applications can be used on mobile devices or tablets, in addition to desktop functions, to enable editing workflows in the field. HDR will document data management workflows to City users and provide a virtual training session with associated application user guides. The Consultant will be available for user support for data and application support throughout the duration of this Agreement. Planned Meetings: • None Anticipated. Page 11 Deliverables: Data editing applications using ArcGIS Online technology (Collector, Survey123, Field Maps) Monthly Data Backup of geodatabases provided to City via maintained SharePoint site. Data Management Plan (yearly update) that includes best management practices and Consultant workflow for maintaining the ArcGIS Online Database/Mapping. Key Understandings and Assumptions: • Annual ESRI licensing costs are the responsibility of City. Current annual subscription fee is $500 per user for an editor license. • City participation in determining data types and fields to include in Geospatial Repository. • City will provide feedback for application functionality and content. Task Series 400 — Northeast Expansion Area Evaluation & Permit Amendment Development TASK 401 - PERMIT AMENDMENT DEVELOPMENT —(NORTHEAST EXPANSION AREA; GCCS MASTER PLANNING (FY2026) The objective of this task is to complete permit drawings, calculations, and a narrative. These documents will be compiled into a permit amendment application to revise the Northeast Expansion Area, which includes incorporation of a perimeter access road and stormwater features, base grade revisions, and final cover updates. The permit amendment is anticipated to include proposed phasing and the design of an overliner system. The application will be submitted to the DNR as a minor permit modification. Permit calculations will be updated as needed where the proposed design differs from current design parameters. Calculations that will be checked and may be updated as part of this task include: EPA's Hydrologic Evaluation of Landfill Performance (HELP) Modeling, sump sizing, leachate pipe sizing/crushing calculations, pump calculations, and soil quantities. Permit calculations will be updated as needed for the revised final cover layout. This will include the following: • Stormwater calculations for the revised terrace layout and access road stormwater conveyance. • GCCS Design Plan update to take into consideration location of the final cover access road and revised base grades. It is anticipated that the GCCS Design Plan will be evaluated with this task and prior to completion of the permit renewal. Included in this item is an update to the site financial assurance and the closure plan to include updated quantities and design features. Also included in this item is the development of a working masterplan for the GCCS at the site in order to properly design and plan integration of the GCCS system into the northeast expansion and further development of the existing landfill footprint. The intent is to develop a forward-looking plan for responsible gas control, and allow for upgrade and expansion of the GCCS at the site as a function of the planned site growth. This planning will provide for the collection, transport and control of the LFG generated in at the landfill. Consultant will draw on design and operational experience at multiple sites to develop a GCCS masterplan that will allow for responsible growth and easy planning for future operations. Specifically, the following design aspects will be addressed: • Calculation of maximum LFG flow rate (generation and collection); • Radius of influence/well spacing/well types; • Wellhead and valving typical design; Page 12 • Header pipe sizing and phasing; • General piping and wellfield phased layout; • Condensate generation; • Air and condensate forcemain piping and phased layout; and, • Gas mover and control device equipment sizing. As part of the Masterplan, HDR will develop a drawing set that will include the following: • Existing conditions and GCCS • Future landfill grades and phasing sheets (sourced from City and/or northeast expansion plans) • Correlated GCCS layout overlay and phasing sheets with wells, headers, sumps, flare station upgrades and planning windows. • Typical vertical/horizontal well details. • Typical header, sub -header, lateral, airline and condensate return piping typical details. • Typical sump/gravity drain details. • General flare station orientation or relocation if necessary. Planned Meetings: • One (1) kick-off meeting attended by three (3) HDR professionals. Deliverables: • Northeast Expansion o Draft designs and order -of -magnitude cost estimates for movement of infrastructure and initial cell(s). o A permit amendment application to be submitted to DNR as part of the next permit renewal process (FY2026-FY2027). • GCCS Masterplan o Draft Masterplan document, attachments and drawings o Final Masterplan document, attachments and drawings Understandings and Assumptions: • Permit application fees are not included in this scope of work. Task 500 — Permit Renewals TASK 501 — DNR COMPOST OPERATING PERMIT RENEWAL (FY 2025 — FY2026) The current Compost Operating Permit No. 52 -COM -02-22 for the Facility expires on January 9, 2026. With a 90 -day required review period, the renewal application should be submitted to DNR no later than October 11, 2025. The Consultant will review the existing permit components and amendments to identify changes, consolidations, modifications, refinements, or upgrades to the current permit. A proposed layout of permit documents which are anticipated to be updated may include, but is not limited to: • DNR Permit Application Form 50A • Executive Summary o Provide an outline of DNR Form 50A requirements. o Provide a brief Site Background. o Discuss Permit Document modifications. o Outline previous Permit Amendments. o Outline Special Provisions. Page 13 o Outline Permit Amendment Requests and/or Equivalency Review Requests. • Appendix A — Site Development Drawings o Update to include the following: ■ Current topography. ■ Current active compost areas. • Appendix B — Site Operation Plan o Evaluate and update current site operation plans. • Appendix C — Operator Certifications o Update to reflect current operator certificates. • Appendix D — Closure Plan o Update closure plan for compost area. • Appendix E — Financial Assurance o Evaluate financial assurance calculations based on closure of the compost area. Planned Meetings: • One (1) kick-off meeting attended by two (2) HDR professionals. Deliverables: • Draft (90%) Permit Renewal Application for City's review and comment • Final Permit Renewal Application for submittal to DNR o Submittal to DNR prior to October 11, 2025 o Response to DNR comments/questions on initial submittal package Key Understandings and Assumptions: • DNR's Electronic Document Retrieval System will be used to secure the revisions to the existing permit. • The City and/or City's Consultants to provide existing permit documents. • Permit Drawings are to be updated as part of this task and will require electronic file transfer from the City and/or City's Consultants. • Consultant will compile updated drawings, plans, and revisions into one submittal package. The permit application package will include applicable DNR forms, past amendment requests, and new requests. • A 90% draft will be provided to the City for review prior to submittal at least one month prior to submittal. Consultant will submit the package with any revisions to the DNR. • Application fees will be paid directly by the City. • Included in this task is an informational response to comments from DNR. o Design changes due to comments are not included in this proposal due to the difficulty to predict the scope of comments. Consultant has budgeted 16 hours of professional time to respond to DNR comments. TASK 502 — DNR SDP PERMIT RENEWAL (FY2027 — FY2028) The current SDP Permit No. 52 -SDP -01-72P for the Facility expires on December 19, 2027. With a 90 -day required review period, the renewal application should be submitted to DNR no later than September 20, 2027. The Consultant will review the existing permit components and amendments to identify changes, consolidations, modifications, refinements, or upgrades to the current permit. The Consultant will reorganize the overall structure of City's previous permit application document to be more concise and transparent permit renewal application. In Consultant's experience, the following structure has helped to minimize potential comments from DNR during their review and provides a concise and usable document for the City. A proposed layout of permit documents which are anticipated to be updated may include, but is not limited to: • DNR Permit Application Form 50 • Executive Summary Page 14 o Provide an outline of DNR Form 50 requirements. o Provide a brief Site Background. o Discuss Permit Document modifications. o Outline previous Permit Amendments. o Outline Special Provisions. o Outline Permit Amendment Requests and/or Equivalency Review Requests. • Appendix A — Site Development Drawings o Update to include the following: ■ Current topography. ■ Current active waste areas. ■ Current Gas Collection and Control System design. ■ Current HMSP Monitoring Network ■ Current Methane Monitoring Network • Appendix B — Development & Operations Plan (DOPs) o Evaluate and update current site operations plans. • Appendix C — Construction Quality Assurance (CQA) Plan o Evaluate and update current and future construction quality control/quality assurance plan. • Appendix D — Emergency Response and Remedial Action Plan (ERRAP) o Evaluate and update the current ERRAP documents to ensure inclusion of amendments and/or anticipated/desired alterations. • Appendix E — Hydrologic Monitoring System Plan (HMSP) • Appendix F — Methane Migration Monitoring Plan o Update the Methane Migration Monitoring Plan to reflect previous amendments and evaluate current/proposed monitoring and reporting techniques. • Appendix G — Organizational Chart o Update to reflect current organizational chart. • Appendix H — Operator Certifications o Update to reflect current operator certificates. • Appendix I — Weigh Scale Certification o Update to reflect current weigh scale certifications. • Appendix J — Household Hazardous Waste (HHW) Collection Operational Plan o Update to reflect the most recent HHW certificate. • Appendix K — Closure/Post-Closure o Evaluate proposed costs and calculation techniques associated with closure and pos-closure construction and care. • Appendix L — Financial Assurance o Evaluate financial assurance calculations based on closure/post-closure calculations and site life projections. A draft of the permit renewal application will be provided to the City for review at least one (1) month prior to application due date. The Consultant will facilitate a permit renewal application review conference call with the City, if desired. Planned Meetings: • One (1) kick-off meeting attended by two (2) HDR professionals. • Draft application review meeting with the City? Deliverables: • Draft (90%) Permit Renewal Application for City's review and comment • Final Permit Renewal Application for submittal to DNR o Submittal to DNR prior to September 20, 2027 o Response to DNR comments/questions on initial submittal package Page 15 Key Understandings and Assumptions: • DNR's Electronic Document Retrieval System will be used to secure the revisions to the existing permit. • The City and/or City's Consultants to provide existing permit documents. • Permit Drawings are to be updated as part of this task and will require electronic file transfer from the City and/or City's Consultants. • Documentation of site investigations, location standards and calculations as required by 567 IAC 113 has been provided in previous permit renewal and modification applications. These documents are not anticipated to change. They include the following: o Site Legal Description o Hydrogeologic Investigation Reports o Locational Criteria o Leachate Collection System Description o Stormwater Run-on/Run-off Calculations • Major modification is anticipated in order to amend the permit to update the Northeast Expansion Area grading during this permit renewal application. • The Consultant will compile updated drawings, plans, and revisions into one submittal package. The permit application package will include applicable DNR forms, past amendment requests, and new requests. • A 90% draft will be provided to the City for review at least one month prior to submittal. • The Consultant will submit the package with any revisions to the DNR. • Application fees will be paid directly by the City. • Included in this task is an informational response to comments from DNR. o Design changes due to comments are not included in this proposal due to the difficulty to predict the scope of comments. The Consultant has budgeted 25 hours of professional time to respond to DNR comments. TASK 503 — TITLE V OPERATING PERMIT RENEWAL (FY2028 — FY2029) The current Title V Operating Permit No. 00 -TV -007R4 for the Facility expires on January 24, 2029. With a 6 -month required review period, the renewal application should be submitted to DNR no later than July 24, 2028. Consultant will meet with City personnel at the Facility for a permit renewal kick-off meeting and conduct a limited site inspection and review of emission sources. The meeting will include discussions regarding any changes to the facility that need to be incorporated into the permit renewal application. Consultant will prepare a renewal application in accordance with IAC rule 567-22.105(4556). The application will include all emission points, emission units, air pollution control equipment, and monitoring devices at the facility. All emissions generating activities, including fugitive emissions, will be included in the application. The renewal application will include narrative text, emission calculations, and completion of forms required by DNR. A draft of the permit renewal application will be provided to the City for review at least one (1) month prior to application due date. The Consultant will facilitate a permit renewal application review conference call with the City, if desired. Comments on the draft renewal application will be incorporated into the final application and be submitted to DNR and the EPA Region VII by the Consultant on behalf of the City. Upon DNR issuance of the draft permit, HDR will review the draft Title V Permit Renewal for conditions that may be unfavorable to City operations and provide comments if needed. Planned Meetings: • One (1) kick-off meeting attended by two (2) HDR professionals • Draft Title V Permit Renewal Application Review Meeting (conference call) Page 16 Deliverables: Draft (90%) Permit Renewal Application for City's review and comment Final Permit Renewal Application for submittal to DNR and EPA Region VII o Submittal to DNR and EPA Region VII prior to July 24, 2028 o Response to DNR and EPA Region VII comments/questions on initial submittal package (see assumptions) Comments on draft permit renewal as issued by DNR. Key Understandings and Assumptions: • The kick-off meeting will be attended by two (2) Consultant personnel and will be held at the facility. • The draft permit renewal review meeting will be attended by two (2) Consultant personnel and will be held via conference call. • The City and/or City's Consultants to provide existing permit documents. • A 90% draft will be provided to the City for review prior to submittal. Consultant will submit the package with any revisions to the DNR and EPA Region VII. • Application fees will be paid directly by the City. • Significant emissions units (equipment list consisting of 6 listed emission units) will remain unchanged for the permit renewal. • Included in this task is an informational response to comments from DNR and EPA Region VII. o Consultant has budgeted 12 hours of professional time to respond to DNR and EPA Region VII comments. OWNER'S RESPONSIBILITIES: The City and others will provide Consultant with all necessary documents and records pertinent to the project in general accordance with applicable regulatory deadlines. Time of Completion The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Services will occur from July 1, 2024, through June 30, 2029, which corresponds to the City's 2025, 2026, 2027, 2028, and 2029 fiscal years. 101 — Project Management 201 — Compliance Groundwater Monitoring Planning & Assistance 202 — Annual Water Quality Reporting 203 — Semi -Annual Compliance Groundwater Monitoring Spring Statistical Report 204 — Monthly Leachate Level Monitoring Reports 205 — Quarterly Methane Migration Monitoring Support 206 — Annual Greenhouse Gas Reporting Minimum one (1) week prior to anticipated sampling event (each year) February 7 (each year) February 28 (each year) February 28 (each year) July 7 (each year) July 31 (each year) July 31 (each year) Within five (5) business days of receipt of field measured data (each year) Within rive (5) business days of receipt of field measured data (each year) March 15 (each year) March 31 (each year) March 31 (each year) 207 — Sem-Annual Title V Monitoring Reporting March 15 (each year) March 31 (each year) March 31 (each year) September 15 (each year) September 30 (each year) September 30 (each year) 208 — Annual Title V Compliance Certification, Annual March 15 (each year) March 31 (each year) March 31 (each year) Emissions Inventory, and Annual Fee Assistance 209 — Semiannual Landfill Gas Collection System February 28 (each year) March 31 (each year) March 31 (each year) (LFGCS) Operating Report August 31 (each year) September 30 (each year) September 30 (each year) Page 17 '" .t t: -.d 1 111 11' ' W . . 210 - Compost Facility Monitoring and Compliance As needed and arranged by the City. Consultation Services $4,750 211 -Annual Training Services ''i As needed and arranged by the City 301 - General Engineering Services Quarterly meeting or as needed and arranged by the City. 302 - Annual Site Survey / Airspace Update July 15 (each year) August 15 (each year) 303 - Financial Assurance Update August 15 (each year) August 31 (each year) March 31 (each year) 304 - GIS Database Management & Maintenance As needed and arranged by the City. i $9,375 . .. or 401 - Northeast Expansion Area Evaluation & Permit Amendment Development August 1, 2026 August 20, 2026 Submittal with SDP (2027) `r i $7,057 501 - IDNR Compost Permit Renewal September 11, 2027 October 11, 2027 October 11, 2027 502 - IDNR SDP Solid Waste Permit Renewal August 20, 2027 September 20, 2027 September 20, 2027 503 - Title V Air Permit Renewal June 24, 2028 July 24, 2028 July 24, 2028 III. Compensation for Services Compensation shall be based on the rates and fees shown on the attachment. The breakdown of costs in the table below is for project management and budget tracking purposes. The total cost of services shall not exceed $575,500. a M1111- .now ,. Task Series 100 - Project Management Task 101 - Project Management Task Series 100 Subtotal Task Series 200 - Annual Environmental Compliance Monitoring & Reporting Services 201 - Compliance Groundwater Monitoring Planning & Assistance 203 - Annual Water Quality Reporting 202 - Semi -Annual Compliance Groundwater Monitoring Spring Statistical Report 204 - Monthly Leachate Level Monitoring Reports 205 - Quarterly Methane Migration Monitoring Support 206 - Annual Greenhouse Gas Reporting 207 - Semi -Annual Title V Monitoring Reporting 208 - Annual Title V Compliance Certification, Annual Emissions Inventory. and Annual Fee Assistance 209 - Semiannual Landfill Gas Collection System (LFGCS) Operating Report 210 - Compost Facility Monitoring and Compliance Consultation Services 211 -Annual Training Services Task Series 200 Subtotal Task Series 300 - Annual Engineering Services 301 - General Engineering Services FY211125. I FY2Q26 $4,750 $5,000 $5.000 $5,250 $5,500 $4,750 $5,000 $5,000 $5,250 $5,500 $1,802 $1,865 $1,930 $1,998 $2,068 $8,734 $9.178 $9,375 $9,575 $9,778 $7,047 $6.811 $6,934 $7,057 $7,180 $3,306 $3,422 $3,541 $3,665 $3,794 $3,659 $3,788 $3,920 $4,057 $4,199 $3,185 $3,296 $3.412 $3,531 $3.655 $5,716 $5,916 $6,008 $6.099 $6,312 $4,939 $5,112 $5,291 $5,596 $5,668 $8,269 $8.335 $8,511 $8.689 $8.870 $1.372 $1,420 $1,470 $1,522 $1,575 $4,970 $5,357 $5,607 $5,711 $5,902 $53,000 $54,500 $56,000 $57,500 $59,000 $10.246 $10,555 $10,839 $11,098 $11.332 Page 18 302 - Annual Site Survey / Airspace Update 303 - Financial Assurance Update 304 - GIS Database Management & Maintenance Task Series 300 Subtotal Task Series 400 - Northeast Expansion Area Evaluation & Permit Amendment Development with GCCS Expansion Planning 401 - Northeast Expansion Area Evaluation & Permit Amendment Development with GCCS Expansion Planning Task Series 400 Subtotal Task Series 500 - Permit Renewals 501 - DNR Compost Permit Renewal 502 - DNR SDP Solid Waste Permit Renewal 503 - Title V Air Permit Renewal f Task Series 400 Subtotal IV. General Terms A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Page 19 $11,473 $11,874 $12,290 $12,720 $13,165 $2,670 $2,763 $2,860 $2,960 $3,063 $5,612 $5,809 $6,012 $6,222 $6,440 $ 30,000 $31,000 $32,000 $33,000 $34,000 -- $40,000 - - - - $40,000 - - - - $12,500 - - - - - $39,500 - - - - - $18,000 - - $12,500 $39,500 $18,000 - A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "not -to -exceed" amount listed in Section III. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. Page 19 H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings with the seal of a licensed professional as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this Agreement, Consultant acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this Agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. Indemnification 1. To the full extent permitted by law, Consultant agrees to defend, indemnify, and hold harmless the City against any and all claims, demands, suits, loss, expenses, including attorney's fees, and for any damages which may be asserted, claimed or recovered against or from the City by reason of personal injury, including bodily injury or death, and property damages, including loss of use thereof, caused by Consultant's negligent acts, errors or omissions in performing the work and/or services provided by Consultant to the City pursuant to the provisions of this Agreement. 2. Consultant assumes full responsibility for any and all damage or injuries which may result to any person or property by reason of Consultant's negligent acts, errors or omissions in connection with the work and/or services provided by Consultant to the City pursuant to this Agreement, and agrees to pay the City for all damages caused to the City's premises resulting from the negligent acts, errors or omissions of Consultant. 3. The Consultant's obligation to indemnify the City shall not include the obligation to indemnify, hold harmless, or defend the City against lability, claims, damages, losses, or expenses, including attorney fees, to the extent caused by or resulting from the negligent act, error, or omission of the City. 4. For purposes of this paragraph, the term "Consultant" means and includes the Consultant, its officers, agents, employees, sub -Consultants, and others for whom Consultant is legally liable, and the term "City" means and includes the City of Iowa City, Iowa its Mayor, City Council members, employees, and volunteers. P. Insurance 1. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions in the sum of Page 20 $1,000,000 Per Claim, $1,000,000 Annual Aggregate, or a $1,000,000 Combined Single Limit. To the fullest extent permitted by applicable state law, a Waiver of Subrogation Clause (endorsement) shall be added. 2. Consultant agrees to provide the City a certificate of insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available by Consultant's insurer. If the Consultant receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Consultant agrees to notify the City within five (5) business days with a copy of the non -renewal or cancellation notice. Q. Standard of Care 1. The Consultant shall perform services for, and furnish deliverables to, the City pertaining to the Project as set forth in this Agreement. The Consultant. shall possess a degree of learning, care and skill ordinarily possessed by reputable professionals, practicing in this area under similar circumstances. The Consultant shall use reasonable diligence and professional judgment in the exercise of skill and application of learning. 2. Consultant represents that the Services and all its components shall be free of defects caused by negligence; shall be performed in a manner consistent with the standard of care of other professional service providers in a similar Industry and application; shall conform to the requirements of this Agreement; and shall be sufficient and suitable for the purposes expressed in this Agreement. 3. All provisions of this Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. 4. Consultant's obligations under this Section shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Consultant. R. There are no other considerations or monies contingent upon or resulting from the execution of this Agreement, it is the entire Agreement, and no other monies or considerations have been solicited. S. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Iowa. Any legal proceeding instituted with respect to this Agreement shall be brought in a court of competent jurisdiction in Johnson County, Iowa. The parties hereto hereby submit to personal jurisdiction therein and irrevocably waive any objection as to venue therein, including any argument that such proceeding has been brought in an inconvenient forum. Page 21 For the City By: Title: Mayor Date: June 18, 2024 Attest: �- 6a �7lCt u For the Consultant By: a ,7�_.c.e Title: Senior Vice President Date: J u n 13, 2024 Approved by: / � r City Attorney's Office \ Ll" l Date Page 22 Item Number: 6.11h. CITY OF OF IOWA CITY �fil COUNCIL ACTION REPORT June 18, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Asphalt Resurfacing 2024 Project. Prepared By: Marri Van Dyke - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director L.L. Pelling Company, Inc. Geoff Fruin - City Manager Fiscal Impact: $1,250,543.00 available in the Annual Pavement Rehabilitation account #S3824. Staff Recommendation: Approval Attachments: Resolution Executive Summary: The Asphalt Resurfacing 2024 Project generally includes asphalt milling and overlay on Park Road and East Benton Street, and chip sealing on Taft Avenue. One (1) bid was submitted prior to the June 11, 2024 deadline: Bidder Name City Bid Engineer's Estimate $ 1,350,000.00 L.L. Pelling Company, Inc. North Liberty, IA $ 1,250,543.00 L.L. Pelling Company, Inc. of North Liberty, Iowa submitted the lowest responsive, responsible bid of $1,250,543.00. Staff recommends awarding the Contract for the Asphalt Resurfacing 2024 Project to L.L. Pelling Company. Background /Analysis: The Asphalt Resurfacing 2024 Project includes work at the following locations: Asphalt Resurfacing • Park Road — Rocky Shore Drive to Riverside Drive • East Benton Street — Gilbert Street to Van Buren Street Chip Seal • Taft Avenue — Herbert Hoover Highway to American Legion Road Project Timeline: Construction — July to November 2024 Prepared by: Marri VanDyke, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 Resolution No. 24-166 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Asphalt Resurfacing, 2024 Project. Whereas, L.L. Pelling Company, Inc. of North Liberty, Iowa has submitted the lowest responsive, responsible bid of $1,250,543.00 for construction of the above-named project; and Whereas, funds for this project are available in the Annual Pavement Rehabilitation account #S3824. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to L.L. Pelling Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 18th day of June , 2024 Attest :),,L-, P� City Clerk M Approved by City Attorney' Office (Liz Craig - 06/13/2024) It was moved by Harmsen and seconded by adopted, and upon roll call there were: Ayes: Nays: X X X X X Moe Absent: Alter Bergus Dunn Harmsen Moe Salih Teague the Resolution be E Item Number: 6.i. CITY OF OF IOWA CITY �� COUNCIL ACTION REPORT June 18, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Fire Station 1 Apparatus Bay Slab Reconstruction Project. Prepared By: Ben Clark - Senior Engineer Reviewed By: Jason Havel — City Engineer Fort Dodge, Iowa Ron Knoche — Public Works Director Tricon Construction Geoff Fruin — City Manager Fiscal Impact: $239,100 available in the Fire Station 1 Apparatus Bay Sab West Liberty, Iowa Reconstruction account #Z4409 Staff Recommendation: Approval Attachments: Resolution J & L Construction Executive Summary: This agenda item awards the construction contract for the Fire Station 1 Apparatus Bay Slab Reconstruction Project. Five (5) bids were submitted prior to the June 12, 2024 deadline: Bidder Name City Bid Amount Woodruff Construction Fort Dodge, Iowa $239,100 Tricon Construction Cedar Rapids, Iowa $253,000 All American Concrete West Liberty, Iowa $264,784 McComas Lacina Construction Iowa City, Iowa $281,400 J & L Construction Washington, Iowa $312,000 Engineer's Estimate $300,000 Staff recommends awarding the contract for a total of $239,100 for the Fire Station 1 Apparatus Bay Slab Reconstruction Project to Woodruff Construction of Fort Dodge, Iowa. Background /Analysis: The slab in the apparatus bay of Fire Station 1 has reached the end of its useful lifespan and needs replacement. This project includes replacing the front half of the slab with structural concrete, installing new floor drains and a code required sand/oil separator with connection to the sanitary system and associated exterior pavement replacement. Project Timeline: Construction: July — August 2024 Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436 Resolution No. 24-167 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Fire Station 1 Apparatus Bay Slab Reconstruction Project. Whereas, Woodruff Construction of Fort Dodge, Iowa has submitted the lowest responsive, responsible bid of $239,100 for construction of the above-named project; and Whereas, funds for this project are available in the Fire Station 1 Apparatus Bay Slab Reconstruction account #Z4409. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Woodruff Construction of Fort Dodge, Iowa, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 18th day of Attest :"--�p �L (1), 0 & '' City Clerk June 20 24 ;�—T—eo� Mayor Approved b City A rney's Office (Liz Craig - 06/13/2024) It was moved by Harmsen and seconded by adopted, and upon roll call there were: Ayes: X X X X Nays: Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.j. CITY OF OF IOWA CITY �� COUNCIL ACTION REPORT June 18, 2024 Resolution awarding contract and authorizing the Mayor to sign and the City Clerk to attest a contract for construction of the Landfill Equipment Building Replacement Project. Prepared By: Joe Welter - Senior Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: $3,594,000 available in the Landfill Equipment Building Replacement Account Number L3328 Staff Recommendation: Approval Attachments: Resolution Executive Summary: This agenda item awards the Landfill Equipment Building Replacement Project. Seven (7) bids were submitted prior to the June 12, 2024 deadline. Bidder Name City Bid Amount Peak Construction Group North Liberty, IA $3,594,000 Point Builders LLC Cedar Rapids, IA $3,800,000 Knutson Construction Iowa City, IA $3,845,000 Woodruff Construction Fort Dodge, IA $3,873,000 Merit Construction Cedar Rapids, IA $4,100,000 Tricon Construction Cedar Rapids, IA $4,243,000 City Construction Iowa City, IA Non -Responsive Engineer's Estimate $4,650,000 Peak Construction Group of North Liberty, IA submitted the lowest responsive, responsible bid of $3,594,000. Staff recommends awarding the contract for the Landfill Equipment Building Replacement Project to Peak Construction Group. Background /Analysis: At the Landfill, there are two existing buildings used for maintenance and storage of equipment and materials as well as the operator breakroom, locker room, and restroom. The equipment maintenance and storage areas are undersized and the breakroom, locker room, and general use areas are not adequate and need to be replaced. This project generally includes demolition of one of the older buildings, construction of a new equipment building, and renovations to the Scale House Building. The new building will include storage bays for equipment and vehicles, maintenance areas, an interior wash bay, two offices, breakroom, mudroom/locker room, and restrooms/shower. Additionally, this project will construct an exterior bulk water filling station for the public. Project Timeline: Construction Start — July 2024 Final Completion — May 2025 Prepared by: Joe Welter, Engineering Division, 410 East Washington Street, Iowa City, Iowa 52240 (319) 356-5144 Resolution No. 24-168 Resolution awarding contract and authorizing the Mayor to sign . and the City Clerk to attest a contract for construction of the Landfill Equipment Building Replacement Project Whereas, Peak Construction Group Inc. of North Liberty, Iowa has submitted the lowest responsive, responsible bid of $3,594,000 for construction of the above-named project; and Whereas, funds for this project are available in the Landfill Equipment Building Replacement, Account Number L3328. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The contract for the construction of the above-named project is hereby awarded to Peak Construction, Group Inc, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer and City Manager are authorized to execute change orders according to the City's Purchasing Policy as they may become necessary in the construction of the above-named project. Passed and approved this 18th day of June 12024 Attest :.�� (' City Clerk M Approved by , City Attorney's Office (Liz Craig - 06/13/2024) It was moved by Harmsen and seconded by Moe the Resolution be adopted, and upon roll call there were: Ayes: i7 X X X X X X Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Zo Item Number: 6.k. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution accepting the work for the City Hall Housing Authority Front Area Remodel Project. Prepared By: Marri Van Dyke - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: The project has been completed by Reed Construction LLC of Bettendorf, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report is on file with the City Clerk. • Project Estimated Cost: $ 31,000.00 • Project Bid Received: $ 34,000.00 • Project Actual Cost: $ 36,221.67 Background /Analysis: This project included removal of the desk, counter, and sliding glass window in the front area of the City Hall Housing Authority office, as well as installation of a new custom ADA counter, standing height counter, seated desk, sliding glass transaction windows, and associated electrical work. These updates made the Housing Authority reception desk wheelchair accessible. ENGINEER'S REPORT June 12, 2024 City Clerk Iowa City, Iowa RE: City Hall Housing Authority Front Area Remodel Project Dear City Clerk: I r t CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street Iowa City, Iowa 52240-1826 319-356-5000 www.icgov.org I hereby certify that the City Hall Housing Authority Front Area Remodel Project has been completed by Reed Construction LLC of Bettendorf, Iowa, in substantial accordance with the plans and specifications prepared by Shive-Hattery Inc., of Iowa City, Iowa. The project was bid as a lump sum contract and the final contract price is $36,221.67. There was a total of one (1) change order for the project as described below: 01 Maintenance bond, continuous window header, and $2,221.67 fiberglass panel painting I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 24-169 Resolution accepting the work for the City Hall Housing Authority Front Area Remodel Project Whereas, the Engineering Division has recommended that the work for construction of the City Hall Housing Authority Front Area Remodel Project, as included in a contract between the City of Iowa City and Reed Construction LLC of Bettendorf, Iowa, dated March 27, 2024, be accepted; and Whereas, the Engineer's Report has been filed in the City Clerk's office; and Whereas, funds for this project are available in the Housing Authority Admin Account, account #79490110;and Whereas, the final contract price is $36,221.67 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of June 2024 Ma Attest: � . , <A, City 6erk Approved by City Attorne s Office — 06/13/2024 It was moved by Harmsen and seconded by Moe the Resolution be adopted, and upon roll call there were: Ayes: Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague r,� Item Number: 6.1. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution accepting the work for the Fairchild Street Reconstruction Project. Prepared By: Alin Dumachi - Sr. Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: Work on the project was recently completed by Bockenstedt Excavating, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 1,610,000.00 • Project Bid Received: $ 1,553,689.75 • Project Actual Cost: $ 1,553,974.00 There were four (4) change orders on this project, which included water main fitting revisions, manhole modifications and an additional sanitary sewer lateral. Background /Analysis: Due to severe deterioration of the brick surface of Fairchild Street, from Clinton Street to Linn Street, reconstruction of Fairchild Street was included in the 2021 Capital Improvement Plan. The project includes the following design elements: • Salvage and reinstallation of existing brick pavers • 7" concrete base • New 6" concrete curb and gutter. • New curb ramps at Dubuque/Fairchild and Linn/Fairchild Street intersections to meet ADA compliance • 8" water main replacement between Clinton Street and Dubuque Street, and between Dubuque Street and Linn Street to replace existing 1900's -1920's water main • Replacement of existing storm sewer system, with new storm sewer pipes and intakes CITY OF IOWA CITY 410 FastwashiuSton Street town City, breva 52240 -1826 (319) 356 - ,$006 (319) 356 - 500911AX ENGINEER'S REPORT Wwwdegovorg June 4, 2024 City Council Iowa City, Iowa Re: 2023 Fairchild Street Reconstruction Project Dear City Council: I hereby certify that the 2023 Fairchild Street Reconstruction Project has been completed by Bockenstedt Excavating, Inc. of Iowa City, Iowa, in substantial accordance with the Project Manual developed by Shive Hattery. The project was bid as a unit price contract and the final contract price is $1,553,974.00. There were four change orders on this project, as follows: 1. Add an item for Solid Sleeve Connection Fitting to replace the item for Tapping Valve Assembly (-$18,200.00). 2. Manhole modification ($4,000.00) 3. New Sanitary Sewer Lateral ($40,000.00) 4. Adjustment for final quantities (-$75,358.67). Total Cost Difference for Change Orders: -$49,558.67 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Have City Engine Prepared by: Alin Dumachi, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5143 Resolution No. 24-170 Resolution accepting the work for the Fairchild Street Reconstruction Project Whereas, the Engineering Division has recommended that the work for construction of the Fairchild Street Reconstruction Project, as included in a contract between the City of Iowa City and Bockenstedt Excavating, Inc. of Iowa City, Iowa, dated October 101, 2022, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Fairchild Street Reconstruction Project account # S3965; and Whereas, the final contract price is $1,553,974.00. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of June , 2024 Mayor L Attest: �� City Clerk It was moved by Harmsen adopted, and upon roll call there were: Ayes: and seconded by Nays: Approved by City Attorney' Office — 06/13/2024 Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.m. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution accepting the work for the North First Avenue Improvements Project. Prepared By: Marri Van Dyke - Civil Engineer Reviewed By: Jason Have - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: The project has been completed by Streb Construction Co., Inc., of Iowa City Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 475,000.00 • Project Bid Received: $ 389,778.55 • Project Actual Cost: $ 428,005.25 There was one (1) change order on the project that included additional storm sewer intake work and additional flaggers. Background /Analysis: This project included complete roadway reconstruction of North First Avenue between Stuart Court and Hickory Trail, as well as sidewalk curb ramp improvements and minor storm sewer improvements. This section of North First Avenue was deteriorated beyond the point of rehabilitation, and complete reconstruction was necessary to improve pavement conditions. The roadway width and alignment were not changed with this project. IAMel IkqIAAokmOki ZZ0]I:AI June 12, 2024 City Clerk Iowa City, Iowa RE: North First Avenue Improvements Project Dear City Clerk: 1 r :gym CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street Iowa City, Iowa 52240-1826 319-356-5000 www.icgov.org I hereby certify that the North First Avenue Improvements Project has been completed by Streb Construction Co., Inc., of Iowa City, Iowa, in substantial accordance with the plans and specifications prepared by Shive-Hattery Inc., of Iowa City, Iowa. The project was bid as a unit price contract and the final contract price is $428,005.25. There was a total of one (1) change order for the project as described below: 01 Storm sewer intakes and intersection flaggers $35,450.86 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, P.E. City Engineer Prepared by: Marri VanDyke, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 Resolution No. 24-171 Resolution accepting the work for the North First Avenue Improvements Project Whereas, the Engineering Division has recommended that the work for construction of the North First Avenue Improvements Project, as included in a contract between the City of Iowa City and Streb Construction Co., Inc. of Iowa City, Iowa, dated September 21, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Annual Pavement Rehabilitation account #S3824; and Whereas, the final contract price is $428,005.25 Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 1 kith day of ,Tune , 2024 Ma Attest: City blerk It was moved by Harmsen and seconded by adopted, and upon roll call there were: Ayes: Nays: Approved by City Attorney' Office - 06/13/2024 Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 6.n. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution accepting the work for the Riverside Drive Pedestrian Improvements Project. Prepared By: Scott Sovers - Assistant City Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Attachments: Engineer's Report Resolution Executive Summary: Work on the project was recently completed by All American Concrete, Inc. of West Liberty, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 520,000.00 • Project Bid Received: $ 603,707.49 • Project Actual Cost: $ 684,851.31 There were two (2) change orders on this project. They generally included the installation of a combined sidewalk retaining wall, additional traffic control, additional sanitary sewer bypass pumping and bedrock excavation. Background /Analysis: This project generally included the installation of sidewalk on the west side of Riverside Drive under the Iowa Interstate Railroad Bridge, as well as the installation of street and pedestrian level lighting and street trees from Benton Street to the Iowa Interstate Railroad. The project also included upgrades to the Riverside Drive storm sewer and sanitary sewer systems between the Iowa Interstate Railroad and Myrtle Avenue as necessary to support the Riverfront West Development. ► ,r 1 CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street ENGINEER'S REPORT Iowa City, Iowa 52240-1826 319-356-5000 1 www.icgov.org June 11, 2024 City Clerk Iowa City, Iowa Re: Riverside Drive Pedestrian Improvements Project Dear City Clerk: I hereby certify that the construction of the Riverside Drive Pedestrian Improvements Project has been completed by All American Concrete, Inc. of West Liberty, IA in substantial accordance with the plans and specifications prepared by Foth Infrastructure and Environment LLC. The project was bid as a unit price contract and the final contract price is $ 684,851.31. There were two (2) change or extra work orders for the project as described below: Change Order Description Net Contract Change 1. Adjustment to the final completion date $0.00 2. Installation of a combined sidewalk retaining wall, additional traffic control, additional sanitary sewer bypass pumping and bedrock excavation $ 66.751.02 TOTAL $ 66,751.02 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, City Engineer P. E. Prepared by: Scott Sovers, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 Resolution No. 24-172 Resolution accepting the work for the Riverside Drive Pedestrian Improvements Project Whereas, the Engineering Division has recommended that the work for construction of the Riverside Drive Pedestrian Improvements Project, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated July 10, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Myrtle/Riverside Intersection Signal account # S3933; and Whereas, the final contract price is $684,851.31. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 18th day of June , 20 24 M Attest:c, -�-1 i ( . - , �-), , i City lerk It was moved by Harmsen and seconded by adopted, and upon roll call there were: Ayes: x Nays: Approved by City Attorn 's Office (Liz Craig - 06/13/2024) Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague YL Item Number: 6.o. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution accepting the work for the Willow Creek Trail Replacement Project. Prepared By: Tyler Olson - Civil Engineer Reviewed By: Jason Havel - City Engineer Ron Knoche - Public Works Director Geoff Fruin - City Manager Fiscal Impact: None Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Engineer's Report Resolution Executive Summary: Work on the Willow Creek Trail Replacement Project was recently completed by Metro Pavers, Inc. of Iowa City, Iowa, in substantial accordance with the plans and specifications. The Engineer's Report and Performance and Payment bonds are on file with the City Clerk. • Project Estimated Cost: $ 720,500.00 • Project Bid Received: $ 537,548.26 • Project Actual Cost: $ 534,571.35 Background /Analysis: The project included the replacement of approximately 0.9 miles of the Willow Creek Trail from Benton Street to Willow Creek Drive, including a spur of the trail connecting to Aber Ave and several connecting sidewalks and curb ramps. The trail was constructed of concrete pavement and occupies nearly the same footprint as the previous trail pavement. CITY OF IOWA CITY UNESCO CITY OF LITERATURE 410 East Washington Street Iowa City, Iowa 52240-1826 319-356-5000 I www.icgov.org June 4, 2024 City Clerk Iowa City, Iowa Re: Willow Creek Trail Replacement Project Dear City Clerk: I hereby certify that the Willow Creek Trail Replacement Project has been completed by Metro Pavers, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Shive Hattery, of Iowa City, Iowa. The project was bid as a unit price contract and the final contract price is $534,571.35. There were three (3) change orders for the project as described below: 1.) Additional manhole abandonment $2,928.50 2.) Irrigation system repairs $909.14 3.) Additional working day $0.00 TOTAL $3,837.64 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Jason Havel, PE City Engineer Prepared by: Tyler Olson, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 Resolution No. 24-173 Resolution accepting the work for the Willow Creek Trail Replacement Project Whereas, the Engineering Division has recommended that the work for construction of the Willow Creek Trail Replacement Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated April 4, 2023, be accepted; and Whereas, the Engineer's Report and the performance, payment and maintenance bond have been filed in the City Clerk's office; and Whereas, funds for this project are available in the Willow Creek Trail Replacement Project account # R4387; and Whereas, the final contract price is $534,571.35. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this i sth day of M Attest: ' ' - ` " Y City Clerk 2094 Approved by zl=� City Attorn 's Office — 06/13/2024 It was moved by Harmsen and seconded by Moe the Resolution be adopted, and upon roll call there were: Ayes: A x x Nays: Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 7.a. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution setting a public hearing on July 16, 2024 on project manual and estimate of cost for the construction of the City Hall Roof Replacement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Prepared By: Ben Clark — Senior Engineer Reviewed By: Jason Havel — City Engineer Josh Worrell — Facilities Manager Juli Seydell Johnson — Parks & Recreation Director Geoff Fruin — City Manager Fiscal Impact: $545,000 available in the City Hall Improvements account #R4129 Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: This agenda item begins the bidding process for the construction of the City Hall Roof Replacement Project. Background /Analysis: The roofing systems at City Hall have reached the end of their useful lifespan and need replacement. This project includes replacing five areas of existing roof with a 90 -mil EPDM roof membrane system. The areas to be replaced generally include police, fire, lobby and council chamber roofs. The project also includes masonry repairs and Exterior Insulation Finishing System repairs. Alternate bids include coating the east wing and north court addition roofs to extend their lifespan until budget allows for a complete replacement. Project Timeline: Public Hearing — July 16, 2024 Bid Letting —August 13, 2024 Award Date — August 20, 2024 Construction — September - November 2024 Prepared by: Ben Clark, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5436 Resolution No. 24-174 Resolution setting a public hearing on July 16, 2024 on project manual and estimate of cost for the construction of the City Hall Roof Replacement Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said project manual on file for public inspection. Whereas, funds for this project are available in the City Hall Improvements account #R4129. Now, therefore, be it resolved by the Council of the City of Iowa City, Iowa, that: A public hearing on the project manual and estimate of cost for the construction of the above-mentioned project is to be held on the 16th day of July, 2024, at 6:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. A copy of the project manual and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 18th day of June , 2024 I///nnAA Mabo) Attest: , �- City tlerk It was moved by Harmsen adopted, and upon roll call there were: Ayes: Approved by / G ' rne City Atto' Office - 06/13/2024 and seconded by Nays: Moe the Resolution be Absent: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 7.b. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution of intent to consider the proposed conveyance of an underground utility easement to MidAmerican Energy Company across Lot 174, Whispering Meadows Subdivision, Part Two, and setting a public hearing thereon for July 16, 2024. Prepared By: Sara Hektoen, Assistant City Attorney Reviewed By: Jason Havel, City Engineer Ron Knoche, Director of Public Works Geoff Fruin, City Manager Fiscal Impact: None Attachments: Resolution Easement Agreement Executive Summary: MidAmerican Energy Company would like to extend its electric transmission and distribution line across 2551 Nevada Avenue, a single-family residence owned by the City. They have offered to pay fair market value for the this easement. Staff recommends approval. Prepared by: Sara Hektoen, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Resolution No. 24-175 Resolution of intent to consider the proposed conveyance of an underground utility easement to MidAmerican Energy Company across Lot 174, Whispering Meadows Subdivision, Part Two, and setting a public hearing thereon for July 16, 2024. Whereas, MidAmerican Energy Company desires to extend its electric utility transmission and distribution lines over and across a portion of real estate owned by the City, legally described as Lot 174, Whispering Meadows Subdivision, Part Two, and locally known as 2551 Nevada Avenue, Iowa City, Iowa; and Whereas, MidAmerican has offered to pay fair market value for this easement; and Whereas, it is in the public interest to convey an underground utility easement to MidAmerican Energy Company for this purpose. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby declare its intent to consider the conveyance of an underground utility easement to MidAmerican Energy Company over and across a portion of Lot 174, Whispering Meadows Subdivision, Part Two in the form of the attached easement agreement for $3,187.70. 2. A public hearing on said proposal is hereby set for July 16, 2024, at 6:00 p.m. in Emma Harvat Hall, City Hall, 410 E. Washington St., or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 18th day of June , 2024. M R Approved by _ ATTEST: � ,SCP✓ G CITY CLERK City Attor y's Office (Sara Hektoen — 06/13/2024) Resolution No. 24-175 Page 2 Moved by Harmsen , seconded by Moe that the Resolution be adopted and upon roll call there were: AYES: NAYS x x x x x x ABSENT: Alter Bergus Dunn Harmsen Moe Salih Teague Prepared by and return to: Joshua T. Morse 563-333-8520 MIDAMERICAN ENERGY ATTN: RIGHT-OF-WAY SERVICES PO Box 4350-DV10, Davenport, IA 52808 MIDAMERICAN ENERGY COMPANY UNDERGROUND ELECTRIC EASEMENT State of Iowa Folder No. 125840 County of Johnson Work Req. No. DR3053696 Section 23 Project No. A1156 Township 79 North Range 6 West of the 511' P.M. 1. For and in consideration of the sum of $1.00, and other valuable consideration, in hand paid by MIDAMERICAN ENERGY COMPANY, an Iowa corporation, receipt of which is hereby acknowledged, the undersigned owner(s) The City of Iowa City, Iowa, a municipal corporation, its successors and assigns ("Grantor"), does hereby grant to MIDAMERICAN ENERGY COMPANY, its successors and assigns ("Grantee"), a perpetual, non-exclusive easement to construct, reconstruct, operate, maintain, replace or rernove underground conduits, wires and cables for the transmission and distribution of electric energy and for communication and electrical controls, including other reasonably necessary equipment incident thereto (collectively "Facilities") under and on the surface of the ground, through and across certain property described below, together with the right of ingress and egress to and from the same, and all the rights and privileges incident and necessary to the enjoyment of this easement ("Easement Area"). DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA: Lot 174, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. EASEMENT AREA: An underground electric easement described as follows: The West Ten (10) feet more or less of the above described property, more accurately depicted on Exhibit A, attached hereto and made a part hereof. 2. Additionally, Grantee shall have the right to rernove frorn the Easement Area described above, any obstructions, including but not limited to, trees, plants, undergrowth, buildings, fences and structures that interfere with the proper operation and maintenance of said Facilities and equipment. 3. Grantor agrees that it will not construct or place any permanent or temporary buildings, structures, fences, trees, plants or other objects on the Easement Area described above or make any changes in ground elevation without written permission frorn Grantee indicating that said construction or ground elevation changes will not result in inadequate or excessive ground cover, or otherwise interfere with the I'agc I Cumom 2021 Grantee's rights to operate and maintain its Facilities. 4. In consideration of such grant, Grantee agrees that it will repair or pay for any damage which may be caused to crops, fences, or other property, real or personal of the Grantor by the construction, reconstruction, maintenance, operation, replacement or removal of the Facilities (except for damage to property placed subsequent to the granting of this easement) that Grantee determines interferes with the operation and maintenance of the Facilities and associated equipment. The cutting, recutting, trimming and removal of trees, branches, saplings, brush or other vegetation on or adjacent to the Easement Area is expected and not considered damage to the Grantor. 5. Additionally, when Grantor provides or installs duct/conduit for said Facilities, this grant shall cover and include all Facilities installed as a part of the Easement Area. 6. Grantor certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly, on behalf of, any such person, group, entity or nation. Grantor hereby agrees to defend, indemnify and hold harmless the Grantee from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising frorn or related to any breach of the foregoing certification. 7. Each of the provisions of this easement shall be enforceable independently of any other provision of this easement and independent of any other claim or cause of action. In the event of any matter of dispute arising out of or related to this easement, it is agreed between the parties that the law of the jurisdiction and location where this easernent is recorded (including statute of limitation provisions) will govern the interpretation, validity and effect of this easement without regard to the place of execution or place of performance thereof, or any conflicts of law provisions. 8. Grantor hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. Grantor understands that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale; and that by signing this easement, voluntarily gives up any right to this protection for this property with respect to claims based upon this easement. 9. Grantor warrants to Grantee that,Grantor holds title to the Easement Area in fee simple and Grantor has good and lawful authority to grant the rights provided in this easernent. 10. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original for all purposes and all of which together shall constitute one and the same instrument. Parties may sign and deliver this Agreement by facsimile, electronic, or PDF signatures, each such signature to be treated as an original. 11. It is mutually understood and agreed that this Agreement covers all of the agreements and stipulations between the parties and that no representations or statements, oral or written, have been rnade modifying or changing the terms hereof. Page 2 Custom 2024 Dated this day of .20. CITY OF IOWA CITY By: Brucc Tcague, Mayor STATE OF IOWA A'T'TEST: Kellie K. Fruehling, City Clerk )ss. COUNTY OF JOHNSON ) On this day of , 20_, before me, a notary public in and for said county, personally appeared Bruce Teague and Kellie K. Fruehling, respectively as Mayor and City Clerk of the City of Iowa Cily, Iowa. Signature of Notary Public Inge 3 Cumom 2Ob1 Dated this clay of ISA V' , 20 MIDAMEICAN ENERGY COMPANY Jason Ewers Title:Mae President, Electric Distribution ACKNOWLEDGEMENT STATE OF IOWA ) SS COUNTY OF POLK ) /� This record was acknowledged before me on Mu ra R U .20q, by Jason Ewers as Vice President, Electric Distribution of I}�•dAmerica nergy_Company. Public =ENA A WASHINGTON Notarial Seal - Iowa Commission Number 832218 My Commission Expires Jun 1, 2024 EXHIBIT ""Au" Legend - Subject Property Line & ROW -Easement area Parcel Legal Description: Lot 174, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. Easement Area: The West Ten (10) feet more or less of the above described property. 77,NUDAMERICAN Customer: City of Iowa City NERGYCOMPAN'! �`—----,-- Address: 2551 Nevada Avenue City: Iowa City State: IA )b Desc: Underground Electric Easement 10' Whispering Meadow Drive Folder No. 125840 Scale: Not to Scale Date: 12/15/2023 SW 114 S23 T79N R6W 5th PM Item Number: 9.a. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution to vacate a sewer easement in Barker's Second Subdivision. Prepared By: Susan Dulek, First Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Josh Slattery, Sr. Engineer Fiscal Impact: none Staff Recommendation: Approval Commission Recommendations: N/A Attachments: Resolution Executive Summary: The City has a sewer easement in Barker's Second Subdivision (properties along Willow Creek Dr.). Since 2000 the City has considered the easement to be abandoned, that is the City has not used the easement area for a sewer. Staff recommends vacating the easement. Background /Analysis: Recently a party with a purchase agreement for a lot on Willow Creek Dr. submitted a site plan for a new building. The proposed building is to be constructed over the abandoned easement, and City staff has approved the site plan contingent on the vacation of the easement. The area along Willow Creek Drive in Barker's Second Subdivision is serviced by the Willow Creek Interceptor sewer that was installed in 1998-1999. IP - 11111111 111111 III VIII (IIII IIII) VIII VIII VIII VIII VIII IIID IIID (IIII IIII III) Doc ID: 032299750006 Type: GEN Kind: RESOLUTION Recorded: 06/26/2024 at 12:13:09 PM Fee Amt: $32.00 Page i of 6 Johnson county Iowa Kim Painter County Recorder BK5573 PG349-354 STATE OF IOWA ) ) SS JOHNSON COUNTY ) � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3S6-5009 FAX www.icgov.org I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the attached hereto is a true and correct copy of: • Resolution 24-155 which was passed by the City Council of Iowa City, Iowa, at a regular meeting on the 4th day of June 2024. • Proof of Publication for the Notice of Public Hearing which was published in the Press Citizen on the 10th day of June 2024. • Resolution 24-176 which was passed by the City Council of Iowa City, Iowa, at a regular meeting on the 18th day of June 2024. Dated at Iowa City, Iowa, this 25th day of June 2024. ,fz , Kellie K. Grace City Clerk \res Prepared by: Susan Dulek, First Ass't. City Atty, 410 E. Washington St., Iowa City, IA 52240; 319/356-5030 Resolution No. 24-176 Resolution to vacate a sewer easement in Barker's Second Subdivision. Whereas, the City of Iowa City is grantee of a sewer easement recorded February 5, 1965, in Book 230, Pages 338-339 in the Office of the Johnson County Recorder on property located in Barker's Second Subdivision; and Whereas, since 2000 the City has considered the easement to be abandoned, that is the City has never used the easement area for a sewer; and Whereas, staff recommends approval of the vacation of the easement; and Whereas, following the public hearing on the proposed vacation, the City Council finds that it is in the public interest to vacate the easement. Now, therefore, be it resolved by the City Council of Iowa City, Iowa, that: 1. The City Council does hereby vacate the easement recorded February 5, 1965, in Book 230, Pages 338-339 in the Office of the Johnson County Recorder. 2. The City Clerk is directed to record in the Office of the Johnson County Recorder this resolution, proof of publication of the public hearing, and the resolution setting the public hearing at City expense. Passed and approved this 18th day of June, 2024. yor Attest: Pkv ', -f --p A I h a (!�-e, City tlerk Approved by: City Attorn y's Office (Sue Dulek — 06/11/2024) It was moved by Salih and seconded by Be adopted, and upon roll call there were: AYES: x x NAYS: Alter the Resolution ABSENT: Alter Bergus Dunn Harmsen Moe Salih Teague Item Number: 9.b. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution adopting Iowa City's FY25 Annual Action Plan which is a subpart of Iowa City's 2021-2025 Consolidated Plan (City Steps 2025) Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Director Fiscal Impact: Iowa City has been allocated $716,206 in CDBG funds and $384,280.57 in HOME funds for FY25 which will be used in conjunction with program income and any uncommitted or returned funds. Staff Recommendation: Approval Commission Recommendations: The Housing and Community Development Commission will make a recommendation on the FY24 Annual Action Plan at their June 13, 2024 meeting. Attachments: FY25 Final Staff Scores and Recommendations HCDC 3.21.24 minutes Resolution HCDC Appendix B Executive Summary: A public meeting and resolution considering approval of the FY25 Annual Action Plan, which formally allocates the City's CDBG and HOME funds, will be held at the City Council meeting on June 18, 2024. The City receives Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds annually from the U.S. Department of Housing and Urban Development (HUD). To receive these funds, the City must submit an Annual Action Plan, describing the projects and activities proposed for funding. The complete draft FY25 Annual Action Plan is available at www.icgov.org/actionplan and a summary of the funded activities is attached to the resolution as Appendix B. Background /Analysis: A competitive funding round was held this past winter with applications due at the end of January for an estimated $754,000 in CDBG and HOME funds. Iowa City received applications from seven outside agencies for CDBG and HOME funds as well as an internal program application. Two of the applications were determined ineligible for review as the projects did not meet federal requirements. The following projects were recommended for funding by the Housing and Community Development Commission (HCDC) at their March 21, 2024 meeting: • The Housing Fellowship — Acquisition of two 3 -5 -bedroom single family homes to serve as affordable rental for larger households. • Iowa City Housing Authority — Tenant -Based Rental Assistance (TBRA) for elderly and disabled households in Iowa City under 30% AMI currently on the waiting list for a Housing Choice Voucher. • Shelter House — Renovations at Cross Park Place. • Neighborhood Centers of Johnson County — Facility improvements at the Pheasani Ridge Neighborhood Center. As part of the allocation process, staff scored each application and made a funding recommendation to HCDC ahead of their March meeting. Based on scoring, risk assessment, and information provided, staff did not recommend funding Shelter House's application as submitted. The applicant has a number of federally funded projects currently underway which may affect the applicant's capacity to undertake a new project. At the time of application, a delayed FY22 HVAC project at the emergency shelter, funded with $225,000 of CDBG funds, was still in progress. The project is now near close-out. Another large renovation project is underway at their emergency shelter which involves $120,000 in FY24 CDBG funds and $623,620 in State CDBG-CV funds administered through the city. Additional projects are underway using HOME -ARP and ARPA funds for provision of services. Staff also had concerns about the eligibility of the project as proposed based on federal funding regulations. The applicant submitted the proposal as a rental rehab project, however, portions of the project would be considered public facility improvements. Rental rehab and public facility projects have different eligibility requirements that cannot be addressed through a single project. As a result, the HCDC recommended funding is only for costs associated with the rental units. Since the HCDC review, staff has received further guidance on the project's eligibility. A portion of the funding request is for carpet replacement which is considered maintenance and therefore ineligible under CDBG. The project has also been considered under HOME but does not meet underwriting standards as proposed. Based on project eligibility and capacity concerns with the number of projects underway, staff recommends that Shelter House re- apply in a future funding round and work with staff prior to submission to determine which of their needs would be eligible. Staff proposes that the $85,327 in CDBG funds allocated by HCDC to Shelter House be shifted to the Housing Fellowship for their affordable rental acquisition projects. The Housing Fellowship was funded by HCDC at $334,673 which is $85,327 less than their total request of $420,000. This application received the third highest score from HCDC after Iowa City Housing Authority and Shelter House. A rental new construction project from DVIP as well as additional funds for a UAY acquisition project were not recommended for FY25 funding by staff and HCDC. Staff comments for these projects can be found in the attached memo to HCDC dated March 1, 2024. The draft FY24 Annual Action Plan was made available for public comment on May 17, 2024. HCDC is expected to review and recommend approval of the draft at their June 13, 2024 meeting. At the time of this submission, the City has not received any comments. The Annual Action Plan is due to HUD by July 6, 2024. Note that Appendix A is reserved for public comments. I f i CITY OF IOWA CITY UNESCO CITY OF LITERATURE CITY OF IOWA CITY MEMORANDUM Date: March 1, 2024 To: Housing and Community Development Commission From: Brianna Thul, Community Development Planner Erika Kubly, Neighborhood Services Coordinator Re: FY25 Staff Funding Recommendations Summary of Staff Scores & Funding Recommendations for CDBG/HOME: 'Includes CHDO reserve funds Staff Comments on Funding Recommendations for CDBG/HOME: General Comments The City received six eligible submissions for CDBG/HOME funds. Each proposal clearly explains how the project will address a specific goal from the City's consolidated plan, City Steps 2025. Each project addresses a high priority need. Staff recommendations consider scores as well as key information identified during the risk assessments. DVIP — Rental New Construction Staff do not recommend funding at this time due to the large CDBG project currently pending completion. If the project is awarded HOME -ARP funds by the Iowa Finance Authority, the addition of regular HOME funds from the City would impose restrictions on the project that would prohibit some of the flexibilities that the HOME -ARP program provides. Staff recommend that the applicant apply for local affordable housing funds through the Housing Trust Fund of Johnson County to retain HOME - ARP flexibility. Score Applicant and Project (340 Request HOME CDBG Total Points Funding Funding Funding Total) DVIP 258 $304,250 $0 $0 Rental New Construction 76% ineli ble Iowa City Housing Authority 320 $300,000 $300,000 NA $300,000 Tenant Based Rental Assistance 94% ineligible Neighborhood Centers of Johnson County 76 % $65,000 ineligible $34,000 $34,000 Public Facility Improvements Shelter House 270 $93,523 $0 $0 $0 Rental Rehab 79% The Housing Fellowship 287 $420,000 $230,000' $190,000 $420,000 Rental Acquisition 84% United Action for Youth na Acquisition of Transitiol 62% $200,000 $0 $0 $0 Housing Total $1,382,773 $530,000 1 $224,000 1 $754,000 'Includes CHDO reserve funds Staff Comments on Funding Recommendations for CDBG/HOME: General Comments The City received six eligible submissions for CDBG/HOME funds. Each proposal clearly explains how the project will address a specific goal from the City's consolidated plan, City Steps 2025. Each project addresses a high priority need. Staff recommendations consider scores as well as key information identified during the risk assessments. DVIP — Rental New Construction Staff do not recommend funding at this time due to the large CDBG project currently pending completion. If the project is awarded HOME -ARP funds by the Iowa Finance Authority, the addition of regular HOME funds from the City would impose restrictions on the project that would prohibit some of the flexibilities that the HOME -ARP program provides. Staff recommend that the applicant apply for local affordable housing funds through the Housing Trust Fund of Johnson County to retain HOME - ARP flexibility. March 1, 2024 Page 2 Iowa City Housing Authority — Tenant Based Rental Assistance As the highest scoring proposal, staff recommend full funding. Over the last several years, the Housing and Community Development Commission has expressed interest in finding a way to provide additional rent assistance to address the Housing Choice Voucher waiting list and staff feel that the project helps address the issue. Neighborhood Centers of Johnson County (NCJC) — Public Facility Improvements Staff recommend partial funding to NCJC to assist with the eligible portions of the proposal. The applicant has experience successfully completing project of similar scale. Shelter House — Rental Rehab Staff do not recommend funding at this time due to the number of federally funded projects administered by the City that are currently pending completion: • FY22 CDBG Public Facilities ($224,000) — underway • FY24 CDBG Public Facilities ($120,000) — not started • IEDA CDBG-CV Public Facilities ($623,620) —not started The Housing Fellowship (THF) THF is the City's only active Community Housing Development Organization (CHDO). Maintaining CHDO status requires annual certification. CHDOs are a critical component of the HOME program as HUD requires a minimum of 15% of the City's annual HOME grant to be set aside for CHDO activities, a portion of funds known as the CHDO reserve. THF has a long history of successfully undertaking federally funded activities of similar scale and scope. Staff recommend fully funding the proposal from the following sources: • $77,000 HOME CHDO Reserve • $153,000 HOME • $190,000 CDBG United Action for Youth — Acquisition of Transitional Housing In FY24, UAY requested $400,000 of federal funding for the same project before identifying an address. Staff did not recommend funding at the time due to the low score (197 out of 340) and noted in the March 3, 2023 memo to HCDC that the application as submitted would not pass HOME underwriting requirements (the applicant did not submit a pro forma with the FY24 application which is necessary to demonstrate the viability of a proposed project). Staff also expressed concerns regarding the complexity of applicable regulations. HCDC ultimately decided to recommend $110,000 to UAY. The applicant identified a property on Cayman in December of 2023 and is requesting additional FY25 funding of $200,000 to close the budget gap. The units on Cayman are occupied by tenants which triggers the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). URA requirements are extremely complicated and add additional costs to the project that must be paid out of the HOME award (up to $7,200 per unit). They also require a subrecipient to have a robust set of policies, administrative capacity, and adequate time to properly perform each step in the process (e.g., notices to displaced tenants, advisory services for displaced tenants, payments, replacement housing, navigating appeals, etc.). The timeline for this project has generated staff concerns: • The application notes a closing date as close to July 31 as possible. Due to the challenges reaching a federal budget, it is highly unlikely that grant funds will be available until the fall. Last year the City did not receive CDBG/HOME funds until September. March 1, 2024 Page 3 The City cannot enter into an agreement with UAY for this project until the FY25 Annual Action Plan is approved, all funding sources are committed, and the underwriting process is complete. UAY cannot spend HOME funds for relocation or other project costs until there is an agreement between the City and UAY. There are key deadlines in the relocation process that must be met (such as 90 -day notice to tenants). Staff do not recommend funding for this project due to the low score, lack of experience with URA, and feasibility of the timeline. Staff continue to have concerns about the applicant's ability to meet underwriting standards. Summary of Staff Funding Recommendations for of Emerging Aid to Agencies (EA2A): Applicant and Project Request Recommendation Escucha Mi Voz Public services — operational support for refugee housing $15,000 $7,500 and migrant health services Healthy Kids School Based Clinics Public services - operational support for health services $15,000 $0 to uninsured or underinsured children Immigrant Welcome Network of Johnson County Public services - operational support for immigrant and $15,000 $0 refugee services (housing, school enrollment, etc. Iowa City Compassion Public services — operational support for refugee and $15,000 $7,500 immigrant services (employments, career support, etc. Iowa City Hospice $15,000 $5,500 Public services — operational support for hospice services Iowa City Sober Living Public services — operational support for agency's $10,000 $5,000 Recovery Fund at sober living home Iowa Legal Aid $12,500 $0 Public services — operational support for legal services. TRAIL Public services — operational support for low-income $12,000 $6,000 seniors (transportation, medical, etc. Visiting Nurses Association Public services - operational support to provide health $15,000 $5,500 services and bridge the Medicaid financial gap Total $124,500 $37,000 Staff Comments on EA2A: Staff prepared recommendations with the maximum EA2A budget. If the Commission wishes to recommend funding fewer Emerging Agencies, the remaining money will be prorated for Legacy Agencies at the previously determined budget amounts. Staff recommend funding at about 50% of the requests received. A lower percentage is recommended for Iowa City Hospice and Visiting Nurses Association (about 36% of each request) as they share a board and are part of the same organization. Staff considered the following in developing recommendations: March 1, 2024 Page 4 • consistency with needs identified in City Steps 2025 • impact for low to moderate income residents • demand for services • use of funds • agency capacity and ability to complete the proposed project in the required timeframe • coordination of efforts with other established agencies • uniqueness of services provided (avoiding duplication of existing services) • overall quality of submissions Funding was not recommended to all agencies. Healthy Kids School Based Clinics In general, staff do not recommend funding any applicant through this program for more than two years as EA2A is not intended to be an ongoing funding source. Immigrant Welcome Network of Johnson County Staff feel that this applicant is too new to evaluate and encourage the applicant to reapply in the future. Iowa Legal Aid Staff do not recommend funding as the applicant is receiving other City funding for legal services through HOME -ARP ($200,000). Next Steps Commissioners are reminded that score sheets for CDBG/HOME proposals and funding recommendations for EA2A are due to staff by March 13, 2024. Staff will compile data and prepare a summary for review ahead of the March 21, 2024 HCDC meeting to aid in the development of funding recommendations. MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 21, 2024- 6:30 PM FORMAL MEETING 111:I=1111d=1.1111=1Jil=lwillill:AZdJi FINAL MEMBERS PRESENT: Kaleb Beining, Maryann Dennis, Becci Reedus, Denise Szecsei, Kyle Vogel MEMBERS ABSENT: Horacio Borgen, Karol Krotz, Kiran Patel, James Pierce STAFF PRESENT: Erika Kubly, Brianna Thul, Rachel Carter OTHERS PRESENT: Crissy Canganelli (Shelter House), Will Kapp (Immigrant Welcome Network of Johnson County), Emily Sinnwell (Escucha Mi Voz), Ninosko Campos (Escucha Mi Voz), Jane Noble Davis (Catholic Worker House), Bob Untiedt (TRAIL), Jim Kringlen (Iowa Legal Aid), Sara Krieger (VNA/lowa City Hospice), Merrilee Ramsey (Iowa City Sober Living), Genevieve Anglin (UAY), Simon Andrew (The Housing Fellowship), Kristie Doser (DVIP), Marguerite Oetting (Healthy Kids School Based Clinics), Jessica Andino (Johnson County Affordable Housing Coalition) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 4-1 (Reedus dissenting) the Commission recommends the following recommendations for Emerging Aid to Agencies: FY25 Staff HCDC Average March EA2A Group Agency/Project Request Recommendations Recommendations Funding Recommendations Iowa City $15,000 $7,500 $6,583 $6,000 Compassion TRAIL $12,000 $6,000 $5,500 $5,500 Escucha Mi Voz $15,000 $7,500 $5,167 $8,000 Iowa City Sober $10,000 $5,000 $4,583 $7,500 Living Visiting Nurses $15,000 $5,500 $4,167 $0 Association Iowa City $15,000 $5,500 $3,750 $5,000 Hospice Immigrant $15,000 $0 $2,500 $0 Welcome Network of Johnson County Healthy Kids $15,000 $0 $2,167 $5,000 School Based Clinics Iowa Legal Aid $12,500 $0 $1,500 $0 Total 00 $37,000 $36,917 $37,000 Housing and Community Development Commission March 21, 2024 Page 2 of 8 By a vote of 5-0 the Commission recommends the following recommendations for CBDG/HOME funds: CALL MEETING TO ORDER: Beining called the meeting to order at 6:39 PM. WELCOME NEW MEMBER: Deferred — new member was not in attendance. CONSIDERATION OF MEETING MINUTES: NOVEMBER 16,2023: Vogel moved to approve the minutes of November 16, 2023. Dennis seconded the motion. A vote was taken and the minutes were approved 5 -0 - PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Ninosko Campos and Emily Sinnwell introduced the recent health equity report focused on immigrant and refugee worker health in Johnson County. Copies of the report Salud, Techo, YTrabajo: A Health Equity HCDC Request Staff Recommendations Individual March HCDC Meeting Score Recommendations Summary Staff Staff HCDC HCDC HCDC Agency/Project FY25 Staff CDBG HOME Average CDBG HOME Request Score Funding Funding Score Funding Funding Rec. Rec. Rec. Rec. Iowa City Housing Authority - $300,000 320 NA- $300,000 295 NA $300,000 Tenant Based 94% ineligible ineligible Rental Assistance Shelter House - $93,523 270 $0 $0 272* $0 $857327 Rental Rehab 79% The Housing Fellowship - $4207000 287 $1907000 $2307000 267 $1907000 $1447673 Rental 84% Acquisition Neighborhood Centers of NA - Johnson County $657000 76 % $347000 ineligible 261 $34,000 $0 - Public Facility Improvements DVIP - Rental New $3047250 76°o ineligible $0 252 $0 $0 Construction United Action for Youth - $200,000 211 $0 $0 236 $0 $0 Rental 62% Acquisition Total $1,382,773 NA $224,000 $630,000 NA $224,000 $530,000 CALL MEETING TO ORDER: Beining called the meeting to order at 6:39 PM. WELCOME NEW MEMBER: Deferred — new member was not in attendance. CONSIDERATION OF MEETING MINUTES: NOVEMBER 16,2023: Vogel moved to approve the minutes of November 16, 2023. Dennis seconded the motion. A vote was taken and the minutes were approved 5 -0 - PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Ninosko Campos and Emily Sinnwell introduced the recent health equity report focused on immigrant and refugee worker health in Johnson County. Copies of the report Salud, Techo, YTrabajo: A Health Equity Housing and Community Development Commission March 21, 2024 Page 3 of 8 Report or Policymakers, Community Organizations, Workers and Everyday People was provided to the commission. Ninosko Campos stated she was from Honduras and is an asylum seeker and a member of a Escucha Mi Voz. This month, they're going to be sharing a report that they did for City Council and the Johnson County Supervisors about public health where they surveyed 481 immigrant workers in Johnson County. Ninosko shared a copy of the report with the Commission and offered to come to a future meeting to present on the report. DISCUSS FY25 EMERGING AID TO AGENCIES (EA2A) FUNDING REQUESTS AND CONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Reedus noted there was comment in the staff recommendations regarding an agency shouldn't receive funds more than two years, but she could not find any documentation that was a rule so if it wasn't a written/published rule she doesn't think it should be something they adhere to. Kubly replied she it isn't a formal rule rather it is something they use to determine their recommendation. Reedus stated that if they are going to use that type of thing, it should be a published rule as it helps keep things transparent and helps in making decisions. She doesn't want agencies applying for money and spending all that time doing applications if they're not eligible. Kubly noted in the application there is the language that states the funding is not intended to be an ongoing source of funding. Thul stated that the memo includes staff recommendations — the issue is not that they are ineligible. If the Commission wants to recommend funding they certainly could. Dennis asked if agencies not funded could then apply for Legacy funding. Reedus replied no and stated then that's the problem. There's a funding cliff. If they get funds for Emerging Agencies for two years, they die on the cliff unless they're accepted to be a Legacy Agency. She noted they have three organizations offering services to immigrants, non -documented folks, which is becoming quite an issue. If they were to receive funds for two years, what happens in another two years and they have no place else to go? They don't have the ability to get Emerging Agency funds and the Legacy group is a closed group. Vogel stated on the other side, he likes it as a guideline and they have to put a limit on what an Emerging Agency needs to be and at what point are they no longer Emerging. He noted in Iowa City there are hundreds of organizations and agencies that exist and could obviously use some assistance and there's absolutely a finite amount of funds, both in Legacy and Emerging. Yes there is a cliff, but the cliff is supposed to be, here's the City helping organizations get started. Then they have a couple years of being able to hire the people and get to the next point where they need to do fundraising and find private donors or other grant opportunities. The City is helping organizations get started but there isn't just an ongoing source of funds. Reedus stated it takes a whole lot more than two years to develop the resources to be able to raise money in a nonprofit organization, to have one development director for an organization is going to be upwards of $50,000 plus benefits. Additionally, the resources and raising money in Iowa City and Johnson County is not easy. Reedus stated she will not pull back her recommendation for Healthy Kids School-based Clinics because she thinks it's a needed organization. Next month they will have a report from the subcommittee that's been working on Aid to Agencies funding and they need to take a look at the cliff and need to work further and decide if they're going to keep the closed group of Legacy Agencies or if they're going to change the whole thing. Cutting an organization off after two years with no other resources is going to be problematic. These organizations are asking for money for issues that aren't going to go away in the community, and they aren't likely to be able to develop the resources to raise the money that they're going to need. Dennis noted staff shared the rankings of who got the highest rankings and HCDC has to provide a recommendation based on the information they have. She noted if the minimum allocation is $5,000 then they could just allocate $5,000 to the top seven or so. Housing and Community Development Commission March 21, 2024 Page 4 of 8 Szecsei asked if there are updates to see where agencies are that did receive funding for two years and then were cut off - do they actually find funding elsewhere to stay alive? Kubly stated they do collect semiannual reports from these agencies funded. Staff could do a better job providing those to the Commission. Szecsei stated she like to see a report two years after they receive funding to see if they actually do succeed or fall off the cliff. Vogel stated the $5,000 minimum needs to change, if they give the top seven $5,000 then that leaves $2,000 for someone else and that's below the minimum. Dennis noted the number one ranking was Iowa City Compassion so they could give them $6,000, and the next highest (TRAIL) $5,500, and Escucha Mi Voz and Sober Living $5,000 each. Reedus asked about the Visiting Nurses Association, when the Commission was discussing Legacy Agencies it was stated they didn't want to get into third party revenue organizations. She stated Visiting Nurses Association is not one of those organizations, they get a lot of revenue and feels HCDC allocations can't make a dent into making up for lost funds for the Visiting Nurses Association because they're not getting reimbursed enough. They're a pretty large organization and she thinks they need to put more money into programs that are helping the immigrant population. Reedus also thinks Healthy Kids should receive $5,000. Vogel noted additionally with Iowa Legal Aid, they get quite a bit of other assistance through the City and most of their assistance is from State funding. They do great work but they're not really an Emerging Agency - they're a well-established agency. Dennis stated the National Visiting Nurses Association has also been around for about a hundred years. Reedus noted in the staff recommendation there was a comment about the Immigrant Welcome Network of Johnson County being too new and asked when they incorporated. Kubly replied she is not sure, but it was sometime last summer. Reedus asked same with Iowa City Sober Living, when did they incorporate. Again, Kubly is not sure, but they did apply for Emerging Agency funds last year.. The Commission continued to discuss the organizations and possible allocations. Vogel asked if the $5,000 minimum was a decision made by HCDC or if it was a statutory thing. Kubly replied that it is in the rules that have been adopted by Council but did come from a recommendation from HCDC. Beining would like to see more funds going to immigrant organizations as that is so needed in the community. Additionally, he supports Sober Living and the health benefits they support, it's a newer organization and just starting. Vogel moved to recommend the following recommendations for Emerging Aid to Agencies: FY25 Staff HCDC Average March EA2A Group Agency/Project Request Recommendations Recommendations Funding Recommendations Iowa City $15,000 $7,500 $6,583 $6,000 Compassion TRAIL $12,000 $6,000 $5,500 $5,500 Escucha Mi Voz $15,000 $7,500 $5,167 $8,000 Iowa City Sober $10,000 $5,000 $4,583 $7,500 Living Housing and Community Development Commission March 21, 2024 Page 5 of 8 Visiting Nurses $15,000 $5,500 $4,167 $0 Association Iowa City $15,000 $5,500 $3,750 $5,000 Hospice Immigrant $15,000 $0 $2,500 $0 Welcome Network of Johnson County Healthy Kids $15,000 $0 $2,167 $5,000 School Based Clinics Iowa Legal Aid $12,500 $0 $1,500 $0 Total $124,500 $37,000 $36,917 $37,000 Dennis seconded the motion. A vote was taken and the motion passed 4.1 (Reedus dissenting). Reedus noted the staff report with the risk factors being reported was really good, however, it didn't have a place in the scoring so she would recommend that it go into scoring. She stated if there's no risk, an organization should gain points, but if they do have risk factors that the City has identified, there should be a negative impact to the score. That would make the risk factor scoring meaningful. Vogel acknowledged this year seemed easier than previous years as far as the scoring, likely due to some of the change implemented that came from discussions with the subcommittee and making those sections clearer on age groups and percentages. Dennis noted it's really interesting that a lot of the scores were very similar from staff and from the Commissioners who scored. Reedus does think that the final scores should mean something in terms of the funds awarded and stated Iowa City Housing Authority has the highest score, then Shelter House for Commissioners and staff scored the Housing Fellowship higher than Shelter House. The Commissioners discussed the distribution of the HOME funds first awarding Iowa City Housing Authority —Tenant Based Rental Assistance the full request of $300,000. For Shelter House commissioners asked what portion of the project is not eligible for HOME funds. Thul responded and the commission settled on an award of $85,327 leaving $144,673 for The Housing Fellowship. Although United Action for Youth was eligible for HOME funds, they scored the lowest, across the board, so the commission did not give them funding. Moving on to CDBG funding, Vogel noted the Neighborhood Centers of Johnson County is asking for $65,000 but staff only recommended $34,000. Thul explained there was a portion of the project that would be ineligible for CDBG. The Commission again discussed United Action for Youth and were generally in agreement to not fund them this round. Housing and Community Development Commission March 21, 2024 Page 6 of 8 The Commission agreed to fund Neighborhood Centers of Johnson County the $34,000. That left $190,000 to allocate and it was decided to allocate it to The Housing Fellowship. Beining noted its increasing the actual base of affordable housing. Reedus agreed and stated the community has a need for housing for larger families, that's been identified for a couple of years. The Commission also decided not to fund DVIP as they are in the middle of a big project and it's going to be tough for DVIP to get all that done. Vogel moved to recommend to Council the following recommendations for CDBG/HOME funds: Reedus seconded the motion. A vote was taken and the motion passed 5.0. STAFF & COMMISSION UPDATES: Thul stated next month's meeting will be April 18 and will include a presentation from the Aid to Agency subcommittee which will be the final report. Also, every March there is a spending deadline for projects that were funded with CDBG so if there are projects that are behind schedule, staff will bring those updates to the Commission for review. HCDC Request Staff Recommendations Individual March HCDC Meeting Score Recommendations Summary Staff Staff HCDC HCDC HCDC Agency/Project FY25 Staff CDBG HOME Avrage CDBG HOME Request Score Funding Funding Sceore Funding Funding Rec. Rec. Rec. Rec. Iowa City Housing Authority - $300,000 320 NA- $300,000 295 NA $300,000 Tenant Based 94% ineligible ineligible Rental Assistance Shelter House - $93,523 270 $0 $0 272* $0 $857327 Rental Rehab 79% The Housing Fellowship - $4207000 287 $1907000 $2307000 267 $1907000 $1447673 Rental 84% Acquisition Neighborhood Centers of NA- NA - Johnson County $657000 76 % $347000 ineligible 261 $34,000 ineligible - Public Facility Improvements DVIP - Rental New $304,250 76°o ineligible $0 252 ineligible $0 Construction United Action for Youth - $200,000 211 $0 $0 236 $0 $0 Rental 62% Acquisition Total $1,382,773 NA $224,000 $530,000 NA $224,000 $530,000 Reedus seconded the motion. A vote was taken and the motion passed 5.0. STAFF & COMMISSION UPDATES: Thul stated next month's meeting will be April 18 and will include a presentation from the Aid to Agency subcommittee which will be the final report. Also, every March there is a spending deadline for projects that were funded with CDBG so if there are projects that are behind schedule, staff will bring those updates to the Commission for review. Housing and Community Development Commission March 21, 2024 Page 7 of 8 Thul stated there are three people on the Commission that have terms ending in June: Reedus, Beining and Krotz. If they want to reapply for the Commission they can do so online. Kubly stated they found out this week that the HOME -ARP allocation plan was finally approved after several amendments, HUD approved it on Monday so they are excited to start those projects with Legal Aid, DVIP and Shelter House. Kubly noted that Thul just received a promotion that was approved by Council this week as a Senior Planner. Kubly also wanted to share they have a couple of vacant positions in their division, there is a vacancy for the housing rehab specialist who administers CDBG and HOME funds for owner occupied rehab, as well as a housing inspector or rental inspector position will be posted soon. Beining plans to attend the Johnson County Affordable Housing Coalition affordable housing project bus tour and can give an update in April. ADJOURNMENT: Reedus moved to adjourn, Dennis seconded the motion, a vote was taken and the motion passed 5-0. Housing and Community Development Commission March 21, 2024 Page 8 of 8 Housing and Community Development Commission Attendance Record 2023-2024 Name Terms Exp. 1/19 2/16 3/30 4/20 5/18 7/20 9/21 10/19 11/16 3/21 Beining, Kaleb 6/30/24 X O/E X X O/E X X X X X Dennis, Maryann 6/30/25 X X X O/E X X O/E X X X Haylett, Jennifer 6/30/25 X X O/E X O/E O/E X X X O/E Krotz, Karol 6/30/24 X O/E X X X X Mohammed, Nsar 6/30/23 X X X O/E O/E X X X X Reedus, Becci 6/30/24 X X X X X X Vogel, Kyle 6/30/26 O/E X X O/E X X X O/E X X Eckhardt, Michael 6/30/25 X X X X O/E O/E X O/E X O/E Patel, Kiran 6/30/26 O/E X X X X X X X O/E Pierce, James 6/30/26 X Szecsei, Denise 6/30/25 -- -- -- -- -- -- X X Borgen, Horacio 6/30/25 -- -- -- -- -- -- O/E Resigned from Commission Key-- X ey: X = Present O = Absent O/E = Absent/Excused --- = Vacant Prepared by: Erika Kubly, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 Resolution No. 24-177 Resolution adopting Iowa City's FY25 Annual Action Plan which is a sub- part of Iowa City's 2021-2025 Consolidated Plan (City Steps 2025) Whereas, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit the FY25 Annual Action Plan as part of the City's 2021- 2025 Consolidated Plan (City Steps 2025) to plan the use of federal funds to assist lower income residents with housing, jobs, public facilities, and public services; and Whereas, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds for City of Iowa City FY25; and Whereas, the City has disseminated information, solicited public input, and held a public meeting on the FY25 Annual Action Plan; and Whereas, the FY25 Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Appendix B; and Whereas, the Iowa City Housing and Community Development Commission has recommended that Appendix B be approved; and Whereas, adoption of the FY25 Annual Action Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and Whereas, the City Council finds that the public interest will be served by the adoption of the FY25 Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. Now, Therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: 1. The City of Iowa City FY25 Annual Action Plan, containing the allocation of CDBG and HOME funds attached hereto as Appendix B, is hereby approved and adopted. 2. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the FY25 Annual Action Plan. 3. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FY25 Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 4. The City Manager is hereby authorized to execute, terminate, or amend CDBG and HOME Agreements executed in connection with the allocation of public funds with sub- Resolution No. 24-177 Page 2. recipients, Community Housing Development Organizations (CHDOs), or other legal entities. Passed and approved this 18th day of June 2024. Mayor Attest:' ', . C y Clerk City Attorney' Office (Sue Dulek — 06/12/2024) It was moved by Moe and seconded by Bergus the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter x Bergus x Dunn x Harmsen x Moe x Salih X Teague INSERT Appendix B Appendix B FY25 Homeowner/Rental Housing Comprehensive Rehabilitation Rehabilitation p $ 235,000 $ 90,000 22 Other Housing Activities Tenant Based Rental Assistance - Iowa City Housing Authority $ - $ 300,000 80 CHDO Operations NA $ 19,000 NA Community Housing CDBG HOME Persons /;Households /.. Project -`_ 'Planned°activities Award ' Award Facilities As'sisted Public Service Activities Aid to Agencies - DVIP $ 60,000 NA 1,002 Economic Development Aid to Agencies - Neighborhood Centers of Johnson County $ 64,000 NA 2,460 Public Facility Activities Pheasant Ridge Facility Improvements - Neighborhood Centers $ 158,000 NA NA of Johnson County $ 35,000 NA 1,600 Neighborhood and Total $ 919,719 $ 634,281 5,468 Benefits Neighborhood Improvement ProgramArea $ 75,000 NA 300 Homeowner/Rental Housing Comprehensive Rehabilitation Rehabilitation p $ 235,000 $ 90,000 22 Other Housing Activities Tenant Based Rental Assistance - Iowa City Housing Authority $ - $ 300,000 80 CHDO Operations NA $ 19,000 NA Community Housing Development Organization Rental Acquisition - The Housing Fellowship Activities Project includes CHDO Reserve $ 242,719 $ 177,281 2 Economic Development Economic Development Program $ 50,000 NA 2 Administration & Planning CDBG Administration $ 158,000 NA NA HOME Administration NA $ 48,000 NA Total $ 919,719 $ 634,281 5,468 9,10 Appendix B FY25 (FFY24 Tenant Based Renta ssistance - wa City Housing Authority $ _ $ 300,000 80 Other Housing Activities Rental Rehab - Shelter Ho $ 85,327 - 24 CHDO Operations $ 19,000 NA Development Organization Rental Acquisi ' n - The Housing Fe wship CD BG HOME • ersons / Households F• ;Project = Planned activitles: $ Award rd 'Facilities, Assisted Public Service Activities Aid to Agencies - DVIP $ 60,0 NA 1,002 Administration & Planning id to Agencies - Neighborhood Centers of Johnson County $ ,000 NA 2,460 Public Facility Activities Pheasant Ridge Facility Improvements - Neighborhood Centers NA $ 48,000 NA of J nson County $ 35,000 NA 1,600 Neighborhood and . Neigh bo ood Improvement Program $ 75,000 NA 300 Area Benefits Homeowner/Rental Housing Comprehensiv Rehabilitation $ 235,000 $ 90,000 22 Rehabilitation Tenant Based Renta ssistance - wa City Housing Authority $ _ $ 300,000 80 Other Housing Activities Rental Rehab - Shelter Ho $ 85,327 - 24 CHDO Operations $ 19,000 NA Development Organization Rental Acquisi ' n - The Housing Fe wship Activities Project includ CHDOReserve $ 157,392 $ 177,281 2 Economic Development Econo 'lc Development Program $ 50,000 NA 2 Administration & Planning CqErG Administration $ 158,000 NA NA OME Administration NA $ 48,000 NA Total $ 919,719 $ 634,281 4,490 Total project budgets match r commendations made by the Housing and Community Develonent Commission, however, funding sources may be different due to variances, final grant allocation from HUD and program income. Item Number: 9.c. CITY OF IOWA CITY COUNCIL ACTION REPORT June 18, 2024 Resolution allocating human services Aid to Agencies funding for Fiscal Year 2025, July 1, 2024 - June 30, 2025. Prepared By: Erika Kubly, Neighborhood Services Coordinator Reviewed By: Tracy Hightshoe, Neighborhood and Development Services Fiscal Impact: $770,445 in FY25; $650,445 from the General Fund and $120,000 from Community Development Block Grant funds Staff Recommendation: Approval Commission Recommendations: The Housing and Community Development Commission recommended funding for Emerging Agencies on March 21, 2024. Attachments: HCDC 3.21.24 minutes Resolution FY25 A2A Exhibit A Executive Summary: The City annually budgets financial aid to human service agencies serving Iowa City residents. FY25 is an application carryover year for Legacy Agency awards so recipients will receive renewed funding allocations that are prorated based on the FY25 budget. HCDC reviewed and formulated a funding recommendation for Emerging Agencies at their March 21, 2024 meeting. Background /Analysis: Iowa City provides funding for operating costs of local nonprofits serving low-income residents through its Aid to Agencies (A2A) program. Staff and the Housing and Community Development Commission (HCDC) review applications and formulate a funding recommendation to City Council. The A2A program provides funding to both Legacy Agencies, as identified in City Steps 2025, and Emerging Agencies, which includes any nonprofit agency that is not receiving Legacy funding in a given year. Legacy Agencies submit applications through the United Way Joint Funding process, in which Johnson County human services agencies request funding from United Way, Johnson County, and the Cities of Iowa City and Coralville on a single application. Iowa City applications are on a two-year cycle and FY25 is the second year of the current cycle. As such, the FY25 Legacy Agency funding allocations are to be renewed at prorated amounts based on the FY25 budget. Funding distributions for Legacy Agencies have been updated based on the FY25 budget as shown in Exhibit A. Emerging Agencies submit shorter applications directly to the City on an annual basis. Applications were due at the end of January and the City received nine submissions requesting $124,500. HCDC reviewed Emerging Agency applications at their March 21, 2024 meeting and recommended funding six applicants for a total of $37,000, which is 4.8% of the FY25 A2A budget. Up to 5% of the total A2A budget is set-aside for Emerging Agencies. If those funds are not fully allocated, the remaining dollars get added to the Legacy Agency funds. Minutes for the March HCDC meeting are attached along with the FY25 Emerging Agency funding recommendations and Legacy Agency funding distributions. Staff will enter into agreements with agencies after the start of the new fiscal year. Legacy Agencies receive four quarterly payments and report on outcomes and accomplishments at the end of each quarter. Emerging Agencies receive two payments and provide two reports throughout the year. MINUTES HOUSING AND COMMUNITY DEVELOPMENT COMMISSION MARCH 21, 2024- 6:30 PM FORMAL MEETING 111:I=1111d=1.1111=1Jil=lwillill:AZdJi FINAL MEMBERS PRESENT: Kaleb Beining, Maryann Dennis, Becci Reedus, Denise Szecsei, Kyle Vogel MEMBERS ABSENT: Horacio Borgen, Karol Krotz, Kiran Patel, James Pierce STAFF PRESENT: Erika Kubly, Brianna Thul, Rachel Carter OTHERS PRESENT: Crissy Canganelli (Shelter House), Will Kapp (Immigrant Welcome Network of Johnson County), Emily Sinnwell (Escucha Mi Voz), Ninosko Campos (Escucha Mi Voz), Jane Noble Davis (Catholic Worker House), Bob Untiedt (TRAIL), Jim Kringlen (Iowa Legal Aid), Sara Krieger (VNA/lowa City Hospice), Merrilee Ramsey (Iowa City Sober Living), Genevieve Anglin (UAY), Simon Andrew (The Housing Fellowship), Kristie Doser (DVIP), Marguerite Oetting (Healthy Kids School Based Clinics), Jessica Andino (Johnson County Affordable Housing Coalition) RECOMMENDATIONS TO CITY COUNCIL: By a vote of 4-1 (Reedus dissenting) the Commission recommends the following recommendations for Emerging Aid to Agencies: FY25 Staff HCDC Average March EA2A Group Agency/Project Request Recommendations Recommendations Funding Recommendations Iowa City $15,000 $7,500 $6,583 $6,000 Compassion TRAIL $12,000 $6,000 $5,500 $5,500 Escucha Mi Voz $15,000 $7,500 $5,167 $8,000 Iowa City Sober $10,000 $5,000 $4,583 $7,500 Living Visiting Nurses $15,000 $5,500 $4,167 $0 Association Iowa City $15,000 $5,500 $3,750 $5,000 Hospice Immigrant $15,000 $0 $2,500 $0 Welcome Network of Johnson County Healthy Kids $15,000 $0 $2,167 $5,000 School Based Clinics Iowa Legal Aid $12,500 $0 $1,500 $0 Total 00 $37,000 $36,917 $37,000 Housing and Community Development Commission March 21, 2024 Page 2 of 8 By a vote of 5-0 the Commission recommends the following recommendations for CBDG/HOME funds: CALL MEETING TO ORDER: Beining called the meeting to order at 6:39 PM. WELCOME NEW MEMBER: Deferred — new member was not in attendance. CONSIDERATION OF MEETING MINUTES: NOVEMBER 16,2023: Vogel moved to approve the minutes of November 16, 2023. Dennis seconded the motion. A vote was taken and the minutes were approved 5 -0 - PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Ninosko Campos and Emily Sinnwell introduced the recent health equity report focused on immigrant and refugee worker health in Johnson County. Copies of the report Salud, Techo, YTrabajo: A Health Equity HCDC Request Staff Recommendations Individual March HCDC Meeting Score Recommendations Summary Staff Staff HCDC HCDC HCDC Agency/Project FY25 Staff CDBG HOME Average CDBG HOME Request Score Funding Funding Score Funding Funding Rec. Rec. Rec. Rec. Iowa City Housing Authority - $300,000 320 NA- $300,000 295 NA $300,000 Tenant Based 94% ineligible ineligible Rental Assistance Shelter House - $93,523 270 $0 $0 272* $0 $857327 Rental Rehab 79% The Housing Fellowship - $4207000 287 $1907000 $2307000 267 $1907000 $1447673 Rental 84% Acquisition Neighborhood Centers of NA - Johnson County $657000 76 % $347000 ineligible 261 $34,000 $0 - Public Facility Improvements DVIP - Rental New $3047250 76°o ineligible $0 252 $0 $0 Construction United Action for Youth - $200,000 211 $0 $0 236 $0 $0 Rental 62% Acquisition Total $1,382,773 NA $224,000 $630,000 NA $224,000 $530,000 CALL MEETING TO ORDER: Beining called the meeting to order at 6:39 PM. WELCOME NEW MEMBER: Deferred — new member was not in attendance. CONSIDERATION OF MEETING MINUTES: NOVEMBER 16,2023: Vogel moved to approve the minutes of November 16, 2023. Dennis seconded the motion. A vote was taken and the minutes were approved 5 -0 - PUBLIC COMMENT FOR TOPICS NOT ON THE AGENDA: Ninosko Campos and Emily Sinnwell introduced the recent health equity report focused on immigrant and refugee worker health in Johnson County. Copies of the report Salud, Techo, YTrabajo: A Health Equity Housing and Community Development Commission March 21, 2024 Page 3 of 8 Report or Policymakers, Community Organizations, Workers and Everyday People was provided to the commission. Ninosko Campos stated she was from Honduras and is an asylum seeker and a member of a Escucha Mi Voz. This month, they're going to be sharing a report that they did for City Council and the Johnson County Supervisors about public health where they surveyed 481 immigrant workers in Johnson County. Ninosko shared a copy of the report with the Commission and offered to come to a future meeting to present on the report. DISCUSS FY25 EMERGING AID TO AGENCIES (EA2A) FUNDING REQUESTS AND CONSIDER BUDGET RECOMMENDATION TO CITY COUNCIL: Reedus noted there was comment in the staff recommendations regarding an agency shouldn't receive funds more than two years, but she could not find any documentation that was a rule so if it wasn't a written/published rule she doesn't think it should be something they adhere to. Kubly replied she it isn't a formal rule rather it is something they use to determine their recommendation. Reedus stated that if they are going to use that type of thing, it should be a published rule as it helps keep things transparent and helps in making decisions. She doesn't want agencies applying for money and spending all that time doing applications if they're not eligible. Kubly noted in the application there is the language that states the funding is not intended to be an ongoing source of funding. Thul stated that the memo includes staff recommendations — the issue is not that they are ineligible. If the Commission wants to recommend funding they certainly could. Dennis asked if agencies not funded could then apply for Legacy funding. Reedus replied no and stated then that's the problem. There's a funding cliff. If they get funds for Emerging Agencies for two years, they die on the cliff unless they're accepted to be a Legacy Agency. She noted they have three organizations offering services to immigrants, non -documented folks, which is becoming quite an issue. If they were to receive funds for two years, what happens in another two years and they have no place else to go? They don't have the ability to get Emerging Agency funds and the Legacy group is a closed group. Vogel stated on the other side, he likes it as a guideline and they have to put a limit on what an Emerging Agency needs to be and at what point are they no longer Emerging. He noted in Iowa City there are hundreds of organizations and agencies that exist and could obviously use some assistance and there's absolutely a finite amount of funds, both in Legacy and Emerging. Yes there is a cliff, but the cliff is supposed to be, here's the City helping organizations get started. Then they have a couple years of being able to hire the people and get to the next point where they need to do fundraising and find private donors or other grant opportunities. The City is helping organizations get started but there isn't just an ongoing source of funds. Reedus stated it takes a whole lot more than two years to develop the resources to be able to raise money in a nonprofit organization, to have one development director for an organization is going to be upwards of $50,000 plus benefits. Additionally, the resources and raising money in Iowa City and Johnson County is not easy. Reedus stated she will not pull back her recommendation for Healthy Kids School-based Clinics because she thinks it's a needed organization. Next month they will have a report from the subcommittee that's been working on Aid to Agencies funding and they need to take a look at the cliff and need to work further and decide if they're going to keep the closed group of Legacy Agencies or if they're going to change the whole thing. Cutting an organization off after two years with no other resources is going to be problematic. These organizations are asking for money for issues that aren't going to go away in the community, and they aren't likely to be able to develop the resources to raise the money that they're going to need. Dennis noted staff shared the rankings of who got the highest rankings and HCDC has to provide a recommendation based on the information they have. She noted if the minimum allocation is $5,000 then they could just allocate $5,000 to the top seven or so. Housing and Community Development Commission March 21, 2024 Page 4 of 8 Szecsei asked if there are updates to see where agencies are that did receive funding for two years and then were cut off - do they actually find funding elsewhere to stay alive? Kubly stated they do collect semiannual reports from these agencies funded. Staff could do a better job providing those to the Commission. Szecsei stated she like to see a report two years after they receive funding to see if they actually do succeed or fall off the cliff. Vogel stated the $5,000 minimum needs to change, if they give the top seven $5,000 then that leaves $2,000 for someone else and that's below the minimum. Dennis noted the number one ranking was Iowa City Compassion so they could give them $6,000, and the next highest (TRAIL) $5,500, and Escucha Mi Voz and Sober Living $5,000 each. Reedus asked about the Visiting Nurses Association, when the Commission was discussing Legacy Agencies it was stated they didn't want to get into third party revenue organizations. She stated Visiting Nurses Association is not one of those organizations, they get a lot of revenue and feels HCDC allocations can't make a dent into making up for lost funds for the Visiting Nurses Association because they're not getting reimbursed enough. They're a pretty large organization and she thinks they need to put more money into programs that are helping the immigrant population. Reedus also thinks Healthy Kids should receive $5,000. Vogel noted additionally with Iowa Legal Aid, they get quite a bit of other assistance through the City and most of their assistance is from State funding. They do great work but they're not really an Emerging Agency - they're a well-established agency. Dennis stated the National Visiting Nurses Association has also been around for about a hundred years. Reedus noted in the staff recommendation there was a comment about the Immigrant Welcome Network of Johnson County being too new and asked when they incorporated. Kubly replied she is not sure, but it was sometime last summer. Reedus asked same with Iowa City Sober Living, when did they incorporate. Again, Kubly is not sure, but they did apply for Emerging Agency funds last year.. The Commission continued to discuss the organizations and possible allocations. Vogel asked if the $5,000 minimum was a decision made by HCDC or if it was a statutory thing. Kubly replied that it is in the rules that have been adopted by Council but did come from a recommendation from HCDC. Beining would like to see more funds going to immigrant organizations as that is so needed in the community. Additionally, he supports Sober Living and the health benefits they support, it's a newer organization and just starting. Vogel moved to recommend the following recommendations for Emerging Aid to Agencies: FY25 Staff HCDC Average March EA2A Group Agency/Project Request Recommendations Recommendations Funding Recommendations Iowa City $15,000 $7,500 $6,583 $6,000 Compassion TRAIL $12,000 $6,000 $5,500 $5,500 Escucha Mi Voz $15,000 $7,500 $5,167 $8,000 Iowa City Sober $10,000 $5,000 $4,583 $7,500 Living Housing and Community Development Commission March 21, 2024 Page 5 of 8 Visiting Nurses $15,000 $5,500 $4,167 $0 Association Iowa City $15,000 $5,500 $3,750 $5,000 Hospice Immigrant $15,000 $0 $2,500 $0 Welcome Network of Johnson County Healthy Kids $15,000 $0 $2,167 $5,000 School Based Clinics Iowa Legal Aid $12,500 $0 $1,500 $0 Total $124,500 $37,000 $36,917 $37,000 Dennis seconded the motion. A vote was taken and the motion passed 4.1 (Reedus dissenting). Reedus noted the staff report with the risk factors being reported was really good, however, it didn't have a place in the scoring so she would recommend that it go into scoring. She stated if there's no risk, an organization should gain points, but if they do have risk factors that the City has identified, there should be a negative impact to the score. That would make the risk factor scoring meaningful. Vogel acknowledged this year seemed easier than previous years as far as the scoring, likely due to some of the change implemented that came from discussions with the subcommittee and making those sections clearer on age groups and percentages. Dennis noted it's really interesting that a lot of the scores were very similar from staff and from the Commissioners who scored. Reedus does think that the final scores should mean something in terms of the funds awarded and stated Iowa City Housing Authority has the highest score, then Shelter House for Commissioners and staff scored the Housing Fellowship higher than Shelter House. The Commissioners discussed the distribution of the HOME funds first awarding Iowa City Housing Authority —Tenant Based Rental Assistance the full request of $300,000. For Shelter House commissioners asked what portion of the project is not eligible for HOME funds. Thul responded and the commission settled on an award of $85,327 leaving $144,673 for The Housing Fellowship. Although United Action for Youth was eligible for HOME funds, they scored the lowest, across the board, so the commission did not give them funding. Moving on to CDBG funding, Vogel noted the Neighborhood Centers of Johnson County is asking for $65,000 but staff only recommended $34,000. Thul explained there was a portion of the project that would be ineligible for CDBG. The Commission again discussed United Action for Youth and were generally in agreement to not fund them this round. Housing and Community Development Commission March 21, 2024 Page 6 of 8 The Commission agreed to fund Neighborhood Centers of Johnson County the $34,000. That left $190,000 to allocate and it was decided to allocate it to The Housing Fellowship. Beining noted its increasing the actual base of affordable housing. Reedus agreed and stated the community has a need for housing for larger families, that's been identified for a couple of years. The Commission also decided not to fund DVIP as they are in the middle of a big project and it's going to be tough for DVIP to get all that done. Vogel moved to recommend to Council the following recommendations for CDBG/HOME funds: Reedus seconded the motion. A vote was taken and the motion passed 5.0. STAFF & COMMISSION UPDATES: Thul stated next month's meeting will be April 18 and will include a presentation from the Aid to Agency subcommittee which will be the final report. Also, every March there is a spending deadline for projects that were funded with CDBG so if there are projects that are behind schedule, staff will bring those updates to the Commission for review. HCDC Request Staff Recommendations Individual March HCDC Meeting Score Recommendations Summary Staff Staff HCDC HCDC HCDC Agency/Project FY25 Staff CDBG HOME Avrage CDBG HOME Request Score Funding Funding Sceore Funding Funding Rec. Rec. Rec. Rec. Iowa City Housing Authority - $300,000 320 NA- $300,000 295 NA $300,000 Tenant Based 94% ineligible ineligible Rental Assistance Shelter House - $93,523 270 $0 $0 272* $0 $857327 Rental Rehab 79% The Housing Fellowship - $4207000 287 $1907000 $2307000 267 $1907000 $1447673 Rental 84% Acquisition Neighborhood Centers of NA- NA - Johnson County $657000 76 % $347000 ineligible 261 $34,000 ineligible - Public Facility Improvements DVIP - Rental New $304,250 76°o ineligible $0 252 ineligible $0 Construction United Action for Youth - $200,000 211 $0 $0 236 $0 $0 Rental 62% Acquisition Total $1,382,773 NA $224,000 $530,000 NA $224,000 $530,000 Reedus seconded the motion. A vote was taken and the motion passed 5.0. STAFF & COMMISSION UPDATES: Thul stated next month's meeting will be April 18 and will include a presentation from the Aid to Agency subcommittee which will be the final report. Also, every March there is a spending deadline for projects that were funded with CDBG so if there are projects that are behind schedule, staff will bring those updates to the Commission for review. Housing and Community Development Commission March 21, 2024 Page 7 of 8 Thul stated there are three people on the Commission that have terms ending in June: Reedus, Beining and Krotz. If they want to reapply for the Commission they can do so online. Kubly stated they found out this week that the HOME -ARP allocation plan was finally approved after several amendments, HUD approved it on Monday so they are excited to start those projects with Legal Aid, DVIP and Shelter House. Kubly noted that Thul just received a promotion that was approved by Council this week as a Senior Planner. Kubly also wanted to share they have a couple of vacant positions in their division, there is a vacancy for the housing rehab specialist who administers CDBG and HOME funds for owner occupied rehab, as well as a housing inspector or rental inspector position will be posted soon. Beining plans to attend the Johnson County Affordable Housing Coalition affordable housing project bus tour and can give an update in April. ADJOURNMENT: Reedus moved to adjourn, Dennis seconded the motion, a vote was taken and the motion passed 5-0. Housing and Community Development Commission March 21, 2024 Page 8 of 8 Housing and Community Development Commission Attendance Record 2023-2024 Name Terms Exp. 1/19 2/16 3/30 4/20 5/18 7/20 9/21 10/19 11/16 3/21 Beining, Kaleb 6/30/24 X O/E X X O/E X X X X X Dennis, Maryann 6/30/25 X X X O/E X X O/E X X X Haylett, Jennifer 6/30/25 X X O/E X O/E O/E X X X O/E Krotz, Karol 6/30/24 X O/E X X X X Mohammed, Nsar 6/30/23 X X X O/E O/E X X X X Reedus, Becci 6/30/24 X X X X X X Vogel, Kyle 6/30/26 O/E X X O/E X X X O/E X X Eckhardt, Michael 6/30/25 X X X X O/E O/E X O/E X O/E Patel, Kiran 6/30/26 O/E X X X X X X X O/E Pierce, James 6/30/26 X Szecsei, Denise 6/30/25 -- -- -- -- -- -- X X Borgen, Horacio 6/30/25 -- -- -- -- -- -- O/E Resigned from Commission Key-- X ey: X = Present O = Absent O/E = Absent/Excused --- = Vacant Prepared by: Erika Kubly, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240 319-356-5230 Resolution No. 24-178 Resolution allocating human services Aid to Agencies funding for Fiscal Year 2025, July 1, 2024 — June 30, 2025. Whereas, the City of Iowa City budgeted for aid to local human services agencies; and Whereas, assistance to human services agencies who serve low-income residents of the Iowa City is considered a benefit to the community as a whole; and Whereas, the amount of aid proposed to be allocated, $770,445, is budgeted as Aid to Human Service Agencies ($650,445) and, Community Development Block Grant funds ($120,000) in the FY25 Budget; and Whereas, FY24 Legacy Agency funding allocations are renewed for FY25 based on a two-year funding cycle in accordance with City Steps 2025; and Whereas, the Housing and Community Development Commission recommended FY25 allocations of Emerging Aid to Agencies funding at its March 21, 2024 meeting; and Whereas, the funds as recommended to be allocated herein are a public purpose. Now, Therefore, be it resolved the by City Council of the City of Iowa City, Iowa, that: 1. The funding recommendations, Exhibit A, are hereby adopted. 2. The City Manager is hereby authorized to execute agreements for Aid to Agencies with the organizations identified in Exhibit A. Passed and approved this 18th day of June Ma r Attest:'L:4 L � Chy Clerk 2024. Approved by City Attorn 's ffice (Sue Dule - 06/12/2024) Resolution No. 24-178 Page 2 Moved by Alter , seconded by Bergus , that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: X Alter X Bergus X Dunn X Harmsen X Moe X Salih g Teague EXHIBIT A Legacy• to Agency Funding FY25 Allocation Shelter House $100,647 Neighborhood Centers of Johnson County $70,601 CommUnity Crisis Center and Food Bank $69,679 Free Medical Clinic $40,344 Domestic Violence Intervention Program $60,515 United Action for Youth $34,796 Table to Table $40,344 Big Brothers Big Sisters $27,358 Iowa Valley Habitat for Humanity $27,261 4Cs Community Coordinated Child Care $28,240 Pathways Adult Day Health Center $15,129 Houses into Homes $15,129 Rape Victim Advocacy Program $28,240 Horizons $38,326 Inside Out Reentry $31,266 Arc of Southeast Iowa $22,592 HACAP $27,504 Dream City $25,215 Free Lunch Program $15,129 Center for Worker Justice $15,129 Total $733,444 Emerging Aid to Agency Agency/Project Funding FY25 Allocation Escucha Mi Voz $8,000 Iowa City Sober Living $7,500 Iowa City Compassion $6,000 TRAIL $5,500 Healthy Kids School Based Clinics $5,000 Iowa City Hospice $5,000 Immigrant Welcome Network of Johnson Count $0 Iowa Legal Aid $0 Visiting Nurses Association $0 Total $37,000