Consent Agenda Items Containing Backup Material. ** - Agenda Items Containing Backup Material

MEETING NOTICE

The regular monthly meeting of the Ellsworth City Council will be held on Monday, September 21, 2020 at 7:00 PM in the Ellsworth City Hall Council Chambers

AGENDA - CC

1. Call to Order.

2. Pledge of Allegiance.

3. Rules of Order.

4. Adoption of minutes from the following meeting (s) of the Ellsworth City Council:

• 08/17/2020 Regular Council Meeting. ** • 08/18/2020 Emergency Council Meeting. **

5. City Manager’s Report.

6. Committee Reports.

7. Citizens’ Comments.

8. Presentation of Awards.

 Daryl Clark, for 20 years with the Ellsworth Fire Department. (March)  Peter Leighton, for 5 years with the Ellsworth Fire Department.  Jane Metzler, for 5 years as the Administrative Assistant for the Ellsworth Fire Department.

UNFINISHED BUSINESS

CONSENT AGENDA

CONSENT AGENDA: All items with an asterisk (*) are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event, the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.

9. Council Order #092000, Request of the City Clerk for approval on the time polling places open for the November 3, 2020 State of Maine General Election and City of Ellsworth Municipal Election as 7:00 AM. * **

10. Council Order #092001, Request of the City Clerk for appointment of Wardens and Ward Clerks for the four voting districts within the City of Ellsworth for the November 3, 2020 State of Maine General Election and City of Ellsworth Municipal Election. * **

pg. 1 * ** - Consent agenda items containing backup material. ** - Agenda items containing backup material. NEW BUSINESS

11. Public hearing and action on the application (s) for the following license (s):

• Hane Yee, Inc., d/b/a China Hill Restaurant, 301 High Street, for renewal of a City Class B License (Victualer, Liquor, and Amusement) and renewal of a State Restaurant (Class I, II, III, IV) Malt, Spirituous, Vinous Liquor License. ** • Maine Organic Therapy, 3 Myrick Street – Suite B, for renewal of a Medical Marijuana Dispensary License including a City Victualer License. ** • Provender, LLC d/b/a Provender, 112 Main Street, for renewal of a City Class C License (Victualer and Liquor) and renewal of a State Restaurant (Class I, II, III, IV), Malt, Spirituous and Vinous Liquor License. ** • Acadia Bowling Lanes LLC d/b/a D’Amanda’s, 25 Eastward Lane, for a new City Class B License (Victualer, Liquor, and Arcade) and a new State Restaurant (Class III and IV) Malt Liquor (beer) and Wine Liquor License. **

12. Public hearing and action on authorizing the City Manager to enter into a twenty-year Bill Credit Agreement under the Maine Commercial and Institutional Customer Net Energy Billing - Tariff Rate Credit Program which will enable the City to purchase Bill Credits associated with the generation of solar power from a distributed generation solar project located in the City of Ellsworth for purposes of offsetting and lowering the cost of electricity for the City of Ellsworth and its component units. (Request to postpone)

13. Presentation and discussion by the Ellsworth Business Development Corporation (EBDC). (Sponsored by Chair Hamilton)

14. Public hearing and action on amendments to the City of Ellsworth Code of Ordinances, Chapter 34, Personnel Ordinance. **

15. Council Order #092002, Request of the Water Superintendent to purchase the Ignition SCADA System. **

16. Council Order #092003, Request of the Water Superintendent to award a bid for the water department meter reading program. **

17. Council Order #092004, Request of the Public Works Director to award the bid for a 3/4 ton work truck. **

18. Council Order #092005, Request of the IT Systems Administrator to purchase server hardware. **

19. Council Order #092006, Request of the Finance Director to withdraw funds from the Training Site Improvement Reserve Account to purchase a replacement Fire Inspector/ Code Enforcement inspection vehicle. **

20. Council Order #092007, Request of the Wastewater Superintendent to award a contract for cleaning and inspecting the sewer mains. **

21. Council Order #092008, Request to approve an extension with possible amendments to the City Manager Search Contract. (Sponsored by Chair Hamilton) pg. 2 * ** - Consent agenda items containing backup material. ** - Agenda items containing backup material.

22. Council Order #092009, Discussion and possible action on closing public access to Del Luce Stadium during school hours to provide a safe location for student mask breaks. (Sponsored by Chair Hamilton)

23. Adjournment.

pg. 3 * ** - Consent agenda items containing backup material. ** - Agenda items containing backup material. RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

In accordance with An Act To implement Provisions Necessary to the Health, Welfare and Safety of the Citizens of Maine in Response to the COVID-19 Public Health Emergency, as enacted to read: Sec G-1 I MRSA §403-A Public proceedings through remote access during declaration of State of Emergency due to COVID-19, the meeting will be held live at 1 City Hall Plaza in the City Hall Council Chambers with only the allowable number of participants according to the Governor's executive orders. Citizens may email questions and public comments on the public hearing agenda items as well as other items this evening to Chair Dale Hamilton at [email protected] prior to and throughout the duration of the meeting. The meeting will be broadcast Jive on the City of Ellsworth, Maine Facebook page and YouTube Page; as weJI as recorded and made available live on Spectrum Channel 1303.

Facebook: https://www.facebook.com/ellsworthme YouTube: https://www.youtube.com/c/CityofEllsworthMaine

Call to Order. Call to Order.

Chair Hamilton called the regular meeting of the Ellsworth City Council to order at 7:00PM.

Pledge ofAllegiance. Pledge of Allegiance.

All stood for the pledge of allegiance.

Rules ofOrder. Rules of Order.

The meeting was conducted under Robert's Rules of Order and other rules adopted at the November 13, 2019 Annual Organizational Meeting of the Ellsworth City Council. After being recognized by the Chairman, a person may speak not more than three (3) minutes on any one item on the agenda. In addition, the person may speak not more than two (2) minutes in rebuttal.

Adoption ofminutes from the following meeting (s) ofthe Ellsworth City Council: Approved-Adoption of minutes from the 0712012020 Regular Monthly Meeting. July 20, 2020 Regular Monthly On a motion by Phillips, seconded by Blanchette, it was unanimously meeting as presented. RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

City Manager 's Report. City Manager's Report. David Cole, City Manager noted that the Public Works Crews have been busy. New wood chips have been added to the Knowlton Park playground. A new pedestrian bridge to access the water safely was added at the Green Lake Boat Launch. Nomination papers are available now for School Board, City Council, and the Library Trustee Board. The Nomination Papers are due on or before September 18, 2020. There will be a public meeting on the proposed extension of the bike pedestrian trail out to the Sunrise Trail. The public meeting will be on August 26, 2020 at 6 PM. The City will be moving the voting place for Ward Two which is currently located at the Community Church of Christ to Your Place Community Center. This will be the same location where Ward Two was prior to the 2016 Presidential Election. This change will impact the General Election on November 3, 2020.

Committee Reports. Committee Reports.

Harbor Commission. Councilor Phillips attended the Harbor Commission meeting and things are going well. There are only 2 or 3 moorings that have not been filled this season due to personal circumstances by the owners. Gas sales are down a little bit; however, diesel has been sold. Diesel has not been available before, overall the number of gallons sold is up over last year. The public restrooms are open and the public seems to be enjoying the Harbor. David Cole, City Manager thanked the State of Maine who through the first Healthy Maine Grant funded the cost of maintaining the bathrooms located at the Harbor and the Knowlton Park.

HCTC Feasibility Study - Chair Hamilton and Councilor Grindle attended a follow up meeting on the HCTC Feasibility Study. This Committee took a hiatus during the beginning of the COVID-19 Pandemic. The Committee and the process has resumed to secure a firm to conduct a study on repairing and/or building an addition to the current HCTC building. The goal is to have a facility that will meet the needs of the students now and in the future. The Committee was at the point of vetting the proposals that had been submitted as part of the RFP process earlier in the year. Hamilton felt this would be coming back to the Council fairly soon for review and discussion.

2 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Jon Stein, Ellsworth resident, Ellsworth business owner and a Board member of Heart of Ellsworth spoke via zoom this evening on Fogtown' s response and how the business pivoted constantly through the legislative changes and safety protocols during the COVID-19 Pandemic. Stein explained over the past six months their priorities at Fogtown have been first and foremost safety of the employees as well as the customers, and community. They have been focusing on keeping the business afloat. The products have been changed, where and how they are sold, they switched to offering free deliveries, and curbside pickups. They have been very focused on the Ellsworth Community. Their core belief is that a healthy downtown community where they are operating is paramount to their success. Even though finances have been tight during the Pandemic they have prioritized giving to groups such as Northern Light Hospital in Ellsworth, Black Lives Matter, Restaurant Workers Fund, Maine Community Foundation, and a number of other causes. Fogtown wants the year-round community and traveling tourists to feel welcomed and inspired by the City. Stein stated it takes work and collaboration between businesses and downtown organizations like the Heart of Ellsworth and Healthy Acadia as well as collaboration with the City Council. He thanked the City Council for taking this step and inviting Stein to speak this evening. Last month, the City Council asked Healthy Acadia to help work on a budget plan with the purpose of keeping the Community safe, stimulating economic growth, and recuperating some of the losses associated with the Pandemic. This budget would be used with a second round of the State's Keep Maine Healthy Grant. Heart of Ellsworth was also paramount in this planning stage; Stein was involved in creating the budget plan as a Board member and small business owner. Stein was happy Ellsworth applied for the small amount of funding during the last round as well; he also noted because of this collaborative effort Ellsworth was awarded a higher level of funds under this round. Stein was hopeful the Council would approve the next round of funding this evening. This grant will utilize State funding to help businesses by providing them with sanitizer, face masks to provide to customers, informational brochures, and guidance on figuring out the safety protocols so they are not left trying to figure out these details alone. This grant will also provide funds on how to get the word out on how Ellsworth is open for business in a safe manner. Stein felt many businesses have been lost due to the Pandemic. He felt if everyone pulls through this together, Ellsworth will come out on the other side a vibrant City. Fogtown has done some de-escalation training and reworked the outdoor space, started contact tracing, recreated cleaning plans, and has developed signage. Stein noted it has been very difficult on his employees to enforce

3 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Councilor Moore took this opportunity to thank the Ellsworth businesses who have done such a great job to make the City look good. He noted the flower gardens, well maintained lawns, and properties. Moore noted it is fun to drive by places that have been properly maintained.

Councilor Kaplan noted there were a few emails that were received during the week asking the Council specifically about a houseboat at Green Lake and the noise ordinance at the basketball courts. Chair Hamilton noted he received those emails as well and they have been passed along to the City staff to address individually. David Cole, City Manager stated he visited Green Lake to see the Houseboat which appears to look like an ice shack on top of a pontoon. No one was around the boat at the time. There is no motorization on the equipment, so technically it is not a houseboat; it is pulled around the Lake. To address this structure, Cole felt it would require an Ordinance to enforce this as well as State Laws may have an impact.

The second concern involved loud music and colorful language at the basketball courts. Cole noted this concern falls under the opinion of the Police Department. They will determine if something is violating the Ordinance. Glenn Moshier, Police Chief stated whenever noise complaints are received at the basketball courts, officers respond to quiet the situation down or move the violators along. It is difficult to enforce language; however, the Police Officers do address violations within the posted rules. Chair Hamilton reminded the public that the courts are next to houses and most people using the courts do so respectfully and those are

4 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Presentation ofAwards. Presentation of Awards. Abby Morrow, for ten years ofservice with the Ellsworth Public Library. Abby Morrow- 10 years with the Abby Morrow was absent from the meeting. The award will be given to her Ellsworth Public supervisor for presentation at a later date. Library.

UNFINISHED BUSINESS Unfinished Business.

There were no items under Unfinished Business this month.

CONSENT AGENDA Consent Agenda.

CONSENT AGENDA: All items with an asterisk(*) are considered to be routine Approved - Consent and will be enacted by one motion. There will be no separate discussion ofthese agenda as presented items unless a Council member so requests, in which event, the item will be this evening. removed from the Consent Agenda and considered in its normal sequence on the Agenda.

Council Order #082000, Request ofthe Tax Collector/Deputy Treasurer to initiate Approved - CO civil actions in the name ofthe City ofEllsworth for the purpose ofco llecting #082000, initiate civil delinquent personal property taxes. * actions in the City's name for collecting See attachment #1 for the complete request. delinquent personal property taxes.

Council Order #082001, Request ofthe Planning Board to promote Nelson Geel Approved-CO from an alternate member on the Ellsworth Planning Board to a full Board member #082001, promote with a term to expire of0613012022. * Nelson Geel, term to expire 06/30/2022. See attachment #2 for the complete request.

Council Order #082002, Request ofthe Planning Board to appoint Molly Friedland Approved - CO as an alternate member ofthe Ellsworth Planning Board with a term to expire of #082002, appoint 0613012021. * Molly Friedland alternate, term to

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Council Order #082003, Request of the Ellsworth Planning Board to accept a Approved - CO resignation letter from David Burks with a term to expire on June 30, 2025. * #082003,accept David Burks resignation.

Council Order #082004, Request ofthe Planning Board to promote Marc Rich Approved - CO from an alternate member on the Ellsworth Planning Board to a full Board member #082004, promote with a term to expire of06!30/2025. * Marc Rich, term to expire 06/30/2025. See attachment #2 for the complete request.

Council Order #082005, Request ofthe Planning Board to appoint Patrick Lyons Approved - CO as an alternate member ofthe Ellsworth Planning Board with a term to expire of #082005, appoint 0613012022. * Patrick Lyons alternate, term to See attachment #2 for the complete request. expire 06/30/2022.

Council Order #082006, Request ofthe Harbor Commission to accept a Approved - CO resignation letter from Steve Henry with a term to expire on June 30, 2023. * #082006,accept Steve Henry resignation.

Council Order #082007, Request ofthe Housing Authority to appoint Jodi Abbott Approved- CO to the City ofEllsworth Housing Authority Board as a Tenant Representative with a #082007, appoint term to expire of09/01/2024. * Jodi Abbott term to expire 09/01/2024.

Council Order #082008, Request ofthe Historic Preservation Commission to Approved - CO appoint Thomas Clark as a member with a term to expire on June 30, 2022. * #082008, appoint Thomas Clark, term On a motion by Phillips, seconded by Moore, it was unanimously to expire 06/30/2022.

RESOLVED to approve the consent agenda as presented this evening.

NEW BUSINESS New Business.

Public hearing and action on the application for the following licenses:

6 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Hailee Carter dlbla The Crafty Baker, 56 Deane Street, for a new City Class C Approved - Hailee (Victualer and BYOB Liquor only) License. Carter d/b/a The Crafty Baker, 56 Hailee Carter was present via zoom technology, as it was required by the Licensing Deane Street, for a Ordinance in regards to new businesses. new City Class C (Victualer and Public hearing was opened. BYOB Liquor only) License. Councilor Phillips inquired when The Crafty Baker might be opening. Hailee Carter indicated the goal is September 1, 2020.

There were no comments from the members of the public.

Public hearing was closed.

On a motion by Phillips, seconded by Moore, it was unanimously

RESOLVED to approve the request ofHailee Carter d/b/a The Crafty Baker, 56 Deane Street, for a new City Class C (Victualer and BYOB Liquor only) License.

Margs Mex Ellsworth, LLC d/b/a Margaritas Ellsworth, 191 Main Street, for a new Approved - Margs City Class B License (Amusement, Liquor, Victualer) and a new State Class A Mex Ellsworth, LLC Restaurant/Lounge Malt Liquor, Wine, Spirits (Class XI) Liquor License. d/b/a Margaritas Ellsworth, 191 Main David Reesman and Virginia Moscato were present, as it was required by the Street, for a new City Licensing Ordinance in regards to new businesses. Class B License (Amusement, Liquor, Public hearing was opened. Victualer) and a new State Class A Councilor Moore inquired when they might be opening. They are planning on Restaurant/Lounge opening next week. Councilor Kaplan wondered if there would be a grand opening. Malt Liquor, Wine, Reesman indicated it would be as grand as allowed under the current executive Spirits (Class XI) orders. The plan is to have a good party when we are on the other side of COVID- Liquor License. 19. The Council welcomed the new business to Ellsworth.

There were no comments from the members of the public.

Public hearing was closed.

7 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE:AUGUST1~2mO TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE.

On a motion by Blanchette, seconded by Miller, it was unanimously

RESOLVED to approve the request ofMargs Mex Ellsworth, LLC d/bla Margaritas Ellsworth, 191 Main Street, for a new City Class B License (Amusement, Liquor, Victualer) and a new State Class A Restaurant/Lounge Malt Liquor, Wine, Spirits (Class XI) Liquor License.

LIL MAKZ, LLC dlbla Hidden Vibes Taproom, 59 Franklin Street Suite 2B, for Tabled- LIL renewal ofa City Class B License (Victualer, Alcohol, and Amusement) and MAKZ, LLC d/b/a renewal ofa State Class A Lounge Malt, Spirituous, and Vinous (Class X) Liquor Hidden Vibes License. Taproom, 59 Franklin Street Suite Public hearing was opened. 2B, for renewal of a City Class B License Glenn Moshier, Police Chief explained his opposition to signing the renewal for this (Victualer, Alcohol, liquor license application. This particular business has been a bar in town for many and Amusement) years; the previous owners had their host of issues. They were always willing to and renewal of a work with Law Enforcement to bring a stop to a majority of the complaints, State Class A including fighting, as well as many of the other problems they were facing at the Lounge Malt, establishment over the years. Under this particular owner since opening last Spirituous, and September the business has again began to have many of the past issues. Some of Vinous (Class X) these fights under this owner have been significant with large numbers of people Liquor License until and include fighting in the parking lot. This causes a significant concern with the application is officer safety, often there are 2 to 3 officers responding to a parking lot fight with complete. 40 to 50 people involved. This was the situation with one of the fights during early September. There was an incident where a patron was severely injured in one of the fights and was transported to the hospital with facial injuries. Officers responded to 24 complaints of this type in the first six months of the establishment being open. The complaints involved either fighting, disorderly patrons, people were over served and asked to leave, patrons were found in the community intoxicated to the point where they could not walk, and one individual was found passed out on Main Street. These occurrences involve Police intervention by assisting to remove the disorderly patron from the establishment or having to call a taxi for the patron to make it home safely. These events were commonplace in the six months they were open and they were not open during the peak season due to COVID-19. They were open the colder winter months of October through December they were not open during the summer months. The Officers on many occasions responded to find actual bar employees engaged in fighting with patrons. The employees were

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Councilor Phillips confirmed at this point the establishment has not reopened.

Corey Bedard, owner of Hidden Vibes was present and stated he was not aware of the two violations that are still outstanding. If he was aware of those he would have taken care of them. Bedard stated the employees were a big problem for him. It was his first year owning a business, he has never held this type of position before, and he did release all of his staff and has since hired all new staff His staff has been trained and they are ready to get back to business. Bedard noted that a lot of the time he could not physically make people comply and a lot of things did happen out in the parking lot. He tried to stop as much as he could but recognized he could not be there for every single event. Bedard agreed there were a couple large fights and those employees are not allowed back on the property. Everyone has been retrained so that he can adhere to the guidelines of the State of Maine.

Chair Hamilton explained to the Councilors that Dwight Tilton, Code Enforcement Officer sent an email letting the Council know that the Code Office has not been able to make contact with the owner. They have not been able to conduct the

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Phillips noted it sounded like a lot of the issues stem from over serving patrons and therefore he wondered ifhe had taken any kind of training. Bedard stated he has hired all new bartenders and new bouncers who are trained and qualified by the State of Maine. The have been registered. Bedard stated all of the bartenders are now certified through Our Serving which is an approved State of Maine course. He agreed more training might be advisable. Hamilton noted at this time, establishments of this nature are not allowed to reopen under COVID-19 guidelines. Bedard confirmed at this point he is a Class X establishment and they must remain closed. He has invested a lot into this business and is not willing to let it all go. He would like to be prepared so when the day comes that allows him to reopen he is ready. Councilor Kaplan inquired before COVID-19, how many customers on average he had. It was estimated to be approximately 50 - 100 between 5 PM and 1 AM. She furthered inquired how much the average check would be. Bedard stated a typical check would be $25 with the average drink costing $8 each. He further explained that most people purchase 2 or 3 drinks for themselves and sometimes purchase drinks for other people. Some bills are higher and some people are paying for other people as well. Kaplan noted some bars who have experienced problems will hire a uniformed officer or a uniformed security guard to assist them; she inquired if he had considered adding this presence. Bedard stated he did implement a dress code for the bouncers because they used to wear plain clothes prior to him purchasing the bar. Wearing a security shirt did seem to break the tension a little bit between everyone and when the patrons saw the security shirt they would regain some control. He would consider the idea of hiring uniformed officers. Councilor

10 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE:AUGUST1~2MO TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. Blanchette inquired if this establishment also had to serve food. Bedard indicated he is required to serve food; however, he does not have a kitchen. He is licensed under a limited menu; which allows him to serve pizza. The pizza and full bar menu is purchased from Mike's Country Store. Blanchette asked ifhe has ever ran out of food. Bedard stated he has never ran out of food; he always has hot pockets available which was approved by the Liquor Enforcement Officer. Kaplan did not believe until the application is complete, the Council could act on it. Bedard will be arranging for the final inspections to be completed once he finds out who he needs to speak with. Hamilton told Bedard to contact the Code Enforcement Office and they can let him know exactly what he needs. Hamilton stated it sounds like he has taken some positive steps with changing the employees, getting the training, and following Moshier's guidance. Hamilton believed it would be important during this interim period to find out about the outstanding violations (2-4). He further stated hearing these kinds of concerns about what is happening is very concerning because the citizens ofthis community want a nice environment. They want a safe environment and do not want to be caught up in that type of activity. When Hamilton hears some of the things the owner did not know, for example, "I was waiting for someone else to call me", those things really fall to the owner to know and follow-up with. During the period Bedard is waiting to reopen he should be talking with Chief Moshier again in terms of reviewing his plans. Then come back to the Council to explain more about taking ownership of what he has been doing and what he will be doing as well as how he really wants to move forward to create a safe environment. Ifhe is doing that, great, Hamilton would certainly wish him well with his business. It must be a safe business for everyone. Councilor Moore thought when Bedard returns to a Council meeting it would be helpful to hear some evidence on what is lacking and the steps taken to correct it, as well as exactly what has been done to move forward in a positive manner to get this license. Moore recognized he had made a financial investment; therefore, it is in Bedard's best interest to be his own advocate in finding out exactly what he needs to do so that he is not blindsided. Bedard stated he would definitely take a step back, look at everything, and consider what has been said this evening. The Council wished him good luck.

There were no comments from the members of the public.

Public hearing was closed.

On a motion by Kaplan, seconded by Miller, it was unanimously

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Daniel C. Potts dlb/a Lakeside Cedar Cabins, 397 Mariaville Road, for renewal of Approved - Daniel C. a City Lodging License. Potts d/b/a Lakeside Cedar Cabins, 397 The staff reports the premises are in compliance with required codes and ordinances Mariaville Road, for necessary to issue the requested licenses. renewal of a City Lodging License. Public hearing was opened.

There were no comments.

Public hearing was closed.

On a motion by Phillips, seconded by Moore, it was unanimously

RESOLVED to approve the request ofDaniel C Potts d/b/a Lakeside Cedar Cabins, 397 Mariaville Road, for renewal ofa City Lodging License.

Acadia Area Restaurant Group Holding., dlb/a Pat 's Pizza Ellsworth, 396 High Approved -Acadia Street, for renewal ofa City Class C License (Victualer and Liquor) and renewal of Area Restaurant a State Restaurant (Class I, II, Ill, IV) Malt, Spirituous, and Vinous Liquor License. Group Holding., d/b/a Pat's Pizza Public hearing was opened. Ellsworth, 396 High Street, for renewal of There were no comments. a City Class C License (Victualer Public hearing was closed. and Liquor) and renewal of a State On a motion by Blanchette, seconded by Moore, it was unanimously Restaurant (Class I, 11, III, IV) Malt, RESOLVED to approve the request ofAcadia Area Restaurant Group Holding., Spirituous, and dlb/a Pat's Pizza Ellsworth, 396 High Street, for renewal ofa City Class C Vinous Liquor License (Victualer and Liquor) and renewal ofa State Restaurant (Class I, II, License. III, IV) Malt, Spirituous, and Vinous Liquor License.

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DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRJNDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RJCHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE.

Melanie Om/or-Fox dlb/a Helen 's Restaurant ofElls worth, 55 Downeast Highway, Approved - Melanie for renewal ofa City Class C License (Victualer and Alcohol) and renewal ofa Ornlor-Fox d/b/a State Restaurant Malt, Spirituous and Vinous (Class I, 11, III, IV) Liquor License. Helen's Restaurant of Ellsworth, 55 Public hearing was opened. Downeast Highway, for renewal of a City Councilor Kaplan inquired why there were two applications submitted. One has a Class C License note on it that Pete is not the owner and that one has all the signatures on it. The (Victualer and other application where only Melanie is the owner just needs the signatures. Heidi Alcohol) and renewal Noel Grindle, City Clerk stated it related to the timing of the application. The of a State Restaurant original renewal application was created while working from home and somehow Malt, Spirituous and the old ownership carried forward onto the version Melanie Omlor-Fox received Vinous (Class I, II, and signed. Grindle included the updated version so that the Council could see the III, IV) Liquor ownership has been updated for future renewals. As the owner had already signed License. the first renewal application the licensing bodies signed the same version.

There were no comments from the members of the public.

Public hearing was closed.

On a motion by Miller, seconded by Kaplan, it was unanimously

RESOLVED to approve the request ofMelanie Om/or-Fox d/b/a Helen's Restaurant ofEllsworth, 55 Downeast Highway, for renewal ofa City Class C License (Victualer and Alcohol) and renewal ofa State Restaurant Malt, Spirituous and Vinous (Class I, II, III, IV) Liquor License.

Presentation ofth e Annual Update by Catherine Longley, ChiefOperating Officer Approved for the Jackson Laboratory. (Sponsored by Chair Hamilton) Removing the presentation of the Chair Hamilton stated there has been a request to reschedule this presentation for Annual Update by either the September, October, or November agenda. Catherine Longley, Chief Operating On a motion by Phillips, seconded by Kaplan, it was unanimously Officer for the Jackson Laboratory RESOLVED to approve removing the presentation ofthe Annual Update by from tonight's Catherine Longley, ChiefOperating Officer for the Jackson Laboratory from agenda. tonight's agenda.

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Council Order #082009, Request ofthe Public Works Director to accept the Approved - Council Mineral Screening Bid. Order #082009, the bid for mineral Lisa Sekulich, Public Works Director stated this bid is for the yearly screening of screening to KJ the winter sand from the City pit to sand the roads with. On August 11, 2020 a bid Dugas Construction opening was held, 4 RFPs were requested and 4 bids were received. See at the rate of $2.65 attachment #3 for the complete request, bid results, and low bid from KJ Dugas per cubic yard for Construction Inc. Sekulich is recommending Kl Dugas as they are the low bidder screening City sand. and have performed this work in the past for the City. Councilor Phillips inquired The City also ifthere was sand remaining from last winter. Sekulich confirmed there was nothing reserves the right to left in the shed following last winter. Councilor Moore inquired how many years' order sand screened worth of sand remains in the pit. Sekulich noted there is still an ability to dig down from January but some of the banks would need to be reestablished. Sekulich estimated the pit through April 2021 wil1 have adequate sand in it for another 10 to 15 years. This is based on what is at a price of $3.65 left open and then working back towards Simmons Pond. per cubic yard.

On a motion by Blanchette, seconded by Kaplan, it was unanimously

RESOLVED to approve Council Order #082009, the bid/or mineral screening to KJ Dugas Construction at the rate of $2. 65 per cubic yard for screening City sand. The City also reserves the right to order sand screened from January through April 2021 at a price of $3. 65 per cubic yard.

Council Order #082010, Request ofth e Public Works Director to accept the Winter Approved - Council Salt Bid. Order #082010, Request of the Public Lisa Sekulich, Public Works Director explained this bid is for the yearly supply of Works Director to winter salt. On August 12, 2020 there was a bid opening, five RFPs were requested award the FY2021 and only two bids were received. One company sent a decline to bid letter. See Winter Salt Supply attachment #4 for the complete request, bid results, and low bid from New England contract to New Salt Co. at a rate of $50.25 per ton. This rate was actually down from the bid last England Salt Co. at a year. Sekulich noted the City worked with them last winter and it was a successful cost of $50.25 per ton relationship; they were very responsive and timely. Sekulich is requesting to award of delivered road the bid to New England Salt Co. this year. Councilor Phillips inquired what the bid salt. The Contract amount was last year; Sekulich noted the rate last year was approximately $50.40. amount to be funded Although, the rate is not down much from last year it is still a better rate than some from the Highway other local municipalities received based on the volume Ellsworth uses in a season. Department operating budget.

14 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

RESOLVED to approve Council Order #082010, Request ofthe Public Works Director to award the FY2021 Winter Salt Supply contract to New England Salt Co. at a cost of $50.25 per ton ofdelivered road sail The Contract amount to be funded from the Highway Department operating budgel

Council Order #082011, Request ofthe Public Works Director to purchase a bulk Approved - Council quantity ofroad culverts. Order #082011, a purchase agreement Lisa Sekulich, Public Works Director stated this request is one that was new last for a bulk order of year and was so successful she would like to request it again this year. Last year, culverts from was the first time in many years where a bulk number of culverts were ordered at Hammond Lumber one time. This process saves the City money because the price is based on the Company for volume purchased. A larger quantity purchased fills the truck and when it is $22,594.45. delivered nets the best price, compared to purchasing piece by piece. Last year, $16,552.09 to be approximately $5,000 was saved by purchasing in bulk; this year the savings are funded from local estimated to be the same. Sekulich is requesting a few less culverts this year roads (9090900- because there are some remaining from last year. Quotes were received from 3 59001) and $6,042.36 different vendors. See attachment #5 for the complete request and the lowest quote from the Highway received from Hammond Lumber Company. Sekulich is requesting to award the Department general purchase to Hammond Lumber Company to purchase approximately $22,594 worth fund (1030300- of culverts. Councilor Phillips clarified the Public Works department does receive 53038) the culverts in bulk and then they are held in stock at the Highway Garage. This is not a pre-purchase that is picked up at Hammond Lumber as needed; they are actually delivered and on-site. Sekulich noted they are currently cleaning up a space to organize them this year; it was discovered last year that organizing the culverts by size would be helpful. This process worked out very well and allowed work to be completed in the spring because the supplies were already on hand and paid for during a time when the budget is traditionally tighter. It also helps because the crew is not busy with one-off drives for culverts. Chair Hamilton inquired if the quantity is purchased based on what is needed for a season. Sekulich noted the quantity and size are based on what roads have been identified for paving over the next budget year or two and how many driveways generally need replacement over that period. For the most part this planning has been adequate; rarely the need comes up for just one in a particular size that might be gone. Councilor Moore was concerned a large portion of funding has to come from the Local Roads budget to fund these types of expenses as there are so many places especially in town that could use a little extra pavement. Sekulich noted the expense that is being funded

15 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Moore, seconded by Blanchette, it was unanimously

RESOLVED to approve Council Order #082011, a purchase agreement for a bulk order of culverts from Hammond Lumber Company for $22,594.45. $16,552.09 to be funded from local roads (9090900-59001) and $6,042.36/rom the Highway Department general fund (1030300-53038)

Council Order #082012, Request ofthe Facilities Manager to approve a contract Approved - Council for Knowlton Park Mowing and Grounds Maintenance Services. Order #082012, Request of the Steve Joyal, Facilities Manager was present via the zoom call. Joyal noted two Facilities Manager to quotes were obtained for the landscaping at Knowlton Park excluding the mowing award the contract portion. The mowing is currently being completed by the Public Works for Knowlton Park department. Four companies were contacted for quotes; three were interested and Landscape one did not submit a quote. Two companies indicated they did not have the time to Maintenance to offer that type of service this season. The two quotes were received from Atlantic Atlantic Landscape Landscaping and Goodall Landscaping. See attachment #6 for the complete request Construction at a and low bid from Atlantic Landscape Construction. Goodall Landscaping cost of $16,278.00. submitted a quote in the amount of $17 ,850 compared to the quote received from Atlantic Landscape Construction in the amount of $16,278. Atlantic Landscape Construction is a local company that actually performed the first year of maintenance at Knowlton Park. At that point, the City changed to Goodall basically because the City decided to change the current fertilization techniques. The contract was then awarded to Natural Lawns of America, which is part of Goodall Landscaping. Goodall Landscaping can no longer offer the mowing service at a reasonable price because they are now located farther away and that is why the City decided to obtain new quotes for this service. Atlantic Landscape is very interested in being able to take this contract back over as they are part of this community and are very vested in the Knowlton Park project.

On a motion by Moore, seconded by Kaplan, it was unanimously

RESOLVED to approve Council Order #082012, Request of the Facilities Manager to award the contract for Knowlton Park Landscape Maintenance to

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Council Order #082013, Request ofthe Police Chief to award a bidfor (2) two new Approved - Council 2021 police cruisers, and authorize the City Manager to sign all necessary Order #082013, agreements. Request of the Police Chief to award a bid Glenn Moshier, Police Chief explained the request has been changed to purchase to Quirk Ford of two 2020 Ford cruisers. When bids were requested they were looking for the 2021 Augusta in the models in anticipation they would not be able to obtain the 2020 models. They had amount of $55,598 been told there were no more 2020's available in the area. However, two of the for (2) two new police vendors submitted quotes on the 2020 models that they would have available in the cruisers, to be funded near future. Now it appears the 2021 models are going to be on an extended wait. from the Police The timeframe would be approximately January or beyond to receive the 2021 Cruiser Capital models. Both vendors provided pricing for the 2020 and 2021 models. See Improvement attachment #7 for the complete request, bid results, and low bid from Quirk Ford of account (9090900- Augusta. The low bid was from Quirk Ford of Augusta for two 2020 model Ford 59007). With the Explorer Interceptor cruisers in the amount of $67 ,618 minus the $12,020 for the provisory that if he trade-in of the two vehicles being replaced by this purchase. The final cost of the has a chance to sell purchase would be $55,598. Councilor Phillips inquired ifthere were any those other two noticeable changes between the 2020 and 2021 models; Moshier indicated no trade-ins that he will changes at all. Councilor Blanchette stated in the past some other departments spend no more (Code Enforcement) have requested using the old cruisers and wondered ifthere money than that. has been any discussions on keeping one of these cruisers and passing it down to that department. Moshier recalled that topic was not discussed this year; last year there was some discussion about passing one of the old cruisers to the Code Enforcement department. The existing Taurus is in need of some repairs, Moshier noted this is a good year to make that change. Moshier noted if the bid is accepted for the 2020 models the cruisers should be received in mid to late September. The mileage on the two trade-ins would remain below I 00,000 miles. Last year, was not a good year to make this change because the new cruisers took so long to come in and during that time the mileage on the vehicles for trade-in was significantly increased. Moshier noted the HCTC Law Enforcement program has also expressed an interest in possibly purchasing one of the trade-in vehicles to be used within that program. Moshier has been involved in discussions with Amy Boles at HCTC about that possibility. There is a potential for selling the vehicles outright rather than trading the vehicles in. The trade-in value varied between the bids; however, the trade-in from Quirk was approximately $6,000 per vehicle. The two cars being traded are essentially identical except for a slight variance in the mileage. They are both the same model year. ·Blanchette understood that if the vehicle is sold to the

17 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. School Department it will be sold for a higher price than what the City would receive for a trade-in value. Moshier noted the School would like to use the vehicle for mock traffic stops and other types of training avenues for the students so a lot of the equipment would remain with the vehicle. The light bar, some of the other lighting, and the cage for examples. The cage cannot be reused on the new cruisers because it will not fit in the newer models. The radio would be replaced with one of the department's old radios so they could use the radio for mock trainings. The camera system would be removed because those are very expensive and is not anticipated to be replaced. The computers will be removed from the old cruisers. The remaining equipment would remain for the school's purpose; this equipment would increase the value of the vehicle. Moshier will be working up a cost estimate on those aspects of the vehicle plus the value of the cruiser to ensure the School is getting a good deal but also the City is recovering some of the money that will be needed to replace that equipment. Some of that equipment cannot be reused anyway; however, does have value to other municipalities that have the older vehicles. Richard Tupper, Fire Chief explained the vehicle currently being used as the Code Enforcement/Fire Inspector vehicle is in poor condition and this vehicle would be a great improvement for that Department. Tupper did make the suggestion that this would be a good time to make that change when he submitted his budget. Councilor Miller inquired if any change with the trade-ins would delay the Police Department from receiving their cars. Moshier did not believe it would cause any delays. The purchase within the City would be between the Code and Police Department; Moshier was not sure how financially that would work. As far as the School, if a bid is approved tonight Moshier will reach out to Boles immediately and see what their financial plan would be in regards to this purchase. Typically, when the Police Department receives the cruisers they make payment upon delivery. It could delay the transfer by a day or two, it should not be significant because if the School Department does not have the funding than Moshier would just go through with the trade-in from the dealership. Councilor Kaplan inquired if the Council Order would need to be amended, if the purchase is approved but the trade-in is not accepted. Chair Hamilton recommended modifying the motion to include that either trade-in or provide to Code and/or HCTC. This would make all the options available and then when more information is available the staff will make the best selection of options based on that information. Councilor Moore suggested authorizing the City Manager to make an alternative decision. Phillips suggested approving it for the numbers provided within the bids and if there is an alternative that provides a maximum price that can be spent. That way the Council will know how much the expenditure is and if Moshier can get more for the trade-ins through different avenues that will just reduce the price. This

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On a motion by Phillips, seconded by Moore, it was

RESOLVED to approve Council Order #082013, Request ofthe Police Chief to award a bid to Quirk Ford ofAugusta in the amount of$55,598for (2) two new police cruisers, to be funded from the Police Cruiser Capital Improvement account (9090900-59007). With the provision that if he has a chance to sell those other two trade-ins that he will spend no more money than that.

Before a vote was taken, Moshier agreed that motion would satisfy his request. Kaplan questioned whether the motion should say spend no more money than $67,618. Phillips believed they would only be spending a maximum of $55,598 as it is explained in the bids provided. Kaplan noted that is with the trade-ins. David Cole, City Manager explained that amount is calculated based on the trade-in value or any offset realized through selling the cruiser (s) out right. There is a potential that the City will actually make some money if they are able to sell one of the cruisers to the School. Miller noted the overall purchase should actually be less expensive than $55,000 ifthe sale takes place between the City and HCTC. The consensus of all involved was the motion would satisfy the worst case scenario if the purchase does not take place and they rely on the trade-in values only.

A final vote was taken on the above motion with all members voting unanimously in favor.

Council Order #082014, Discussion and action on the request ofthe Public Safety Approved - Council Planning Committee concerning the role ofEmergency Medical Services within the Order #082014, the Ellsworth Fire Department. request of the Committee to accept Councilor Phillips explained along with himself, Councilors Miller and Kaplan the recommendations meet with Richard Tupper (Fire Chief), Glenn Moshier (Police Chief) to have a of the Committee to final discussion on moving ahead on this topic. Tupper presented a valid point that continue with the moving ahead would allow him to continue the process for offering emergency basic EMS licensure. services within the financial amount he is proposing. This will come with a cost; however, is a public service that Phillips thinks should be offered. The ambulance service does a fine job; however, there are instances where they are not available. Understandably, not everything can be prepared for and this would allow for another alternative for the safety of the citizens. There was evidence from both

19 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DA TE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. Chiefs that while at emergency scenes there have been times additional assistance was needed due to the time delays for an ambulances to arrive on scene. There will be additional costs associated with training, dispatch services, and ultimately equipment. Currently, Tupper is proposing using existing equipment for this purpose. However, eventually Phillips sees the need for purchasing a smaller vehicle, which would be an easier response vehicle compared to the larger expensive fire trucks to carry the equipment. Councilor Miller agreed with Phillips statements concerning the extra costs reaching possibly $19,000 a year. Miller recognized this expense would still be far less than purchasing our own ambulance, stocking it, and staffing it. It has been identified that Northern Light has delays in covering the area with 2.5 ambulances; this model of offering services will help the City save more lives and make the residents a lot safer for the most reasonable price. Councilor Kaplan agreed with the previous statements. Phillips felt if the majority of the Council agrees he would like the City to move ahead with the plan Tupper has to implement this service. If this plan goes on for a year or two and there are issues it can be adjusted or stopped, this does not have to be a permanent situation. After hearing the testimony and seeing the evidence in favor of this project; it appears for a marginal expense at this point, it is in the City's best interest to move forward in meeting these needs. Chair Hamilton read the one comment that has come through on this topic "Mr. Chairman, I write to support the continued approval licensure of the Ellsworth Fire Department at the basic EMT non-transport level, previous correspondence has stated my reasons. The members of the EFD have worked extremely hard to supply quality assistance to our citizens and guests in their time of need. And, I ask the City Council to allow them to continue. Thank you for your time. Gary Fortier. Hamilton noted from reading through the Department Reports, there have been 90 plus calls responded to; this is evidence of the need to at least provide assistance. Hamilton questioned the ability to triage the calls; having this licensure there may be the ability to determine the Fire Department is not needed on certain calls. The ambulance service will have the ability to make the determination on whether the Fire Department needs to respond. This would be appropriate and there will be a system in place to delineate that need. Miller confirmed the ambulance can wave off the Fire Department if the ambulance determines they are not needed on that particular call. Hamilton noted that happens currently as well.

On a motion by Kaplan, seconded by Moore, it was unanimously

RESOLVED to approve Council Order #082014, the request of the Committee to accept the recommendations ofthe Committee to continue with the basic EMS

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Council Order #082015, Request ofth e Fire Chiefto accept a revised agreement Approved - Council with the County ofHancockfor providing Fletchers Landing Township fire Order #082015, protection, Emergency Medical Services Basic Level Non-Transport, and other Request of the Fire emergency services. Chief to accept a revised agreement Richard Tupper, Fire Chief explained last month an agreement was presented to the with the City of City Council that did not include this service. Tonight, Tupper is requesting Ellsworth and the amending the agreement to include providing EMS services to Fletcher's Landing County of Hancock Township at an additional cost of $2,500. This would be the same agreement that for providing was approved last month except with the additional fee for offering the same Fletchers Landing services that have been offered recently. See attachment #8 for the complete Township fire request and revised agreement with the City of Ellsworth and the County of protection, Hancock for providing Fletchers Landing Township fire protection, Emergency Emergency Medical Medical Service Basic Level Non-Transport, and other emergency services as listed Services Basic Level in the agreement. Councilor Phillips inquired if there was a chance they would Non-Transport, and agree to pay an additional amount to cover a small vehicle. Tupper stated that topic other emergency has not been discussed yet; however, if the Council would like he could have that services as listed in discussion with them in the near future. the agreement (see attachment #8). On a motion by Phillips, seconded Miller, it was unanimously

RESOLVED to approve Council Order #082015, Request of the Fire Chief to accept a revised agreement with the City ofEllsworth and the County ofHancock for providing Fletchers Landing Township fire protection, Emergency Medical Services Basic Level Non-Transport, and other emergency services as listed in the agreement (see attachment #8).

Council Order #082016, Request ofth e Development Services Director to accept Approved - Council the Keep Maine Healthy Grant in the amount o/$59,400. Order #082016, authorize the City Janna Richards, Development Services Director was present via zoom technology Manager to accept a to explain last month the City applied for and was awarded the first round of grants $41,580 grant from through the State Department of Health and Human Services Keep Maine Healthy the State of Maine Program. This program was opened for a second round and the City applied for Department of additional activities. The City was awarded $41,580. The activities that were Health and Human proposed through the grant application were to promote physical distancing and Services "Keep public health. This will include the purchase of additional PPE (hand sanitizer and Maine Healthy 2020

21 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Moore, seconded Kaplan, it was unanimously

RESOLVED to approve Council Order #082016, authorize the City Manager to accept a $41,580 grant from the State ofMaine Department ofHealth and Human Services "Keep Maine Healthy 2020 Municipal COVID-19 Awareness Campaign" to fund public education, physical distancing and public health support, and local business assistance activities.

Council Order #0820 I 7, Discussion and action on the concept and development of Approved - Council the Spirit ofAmerica Award. (Sponsored by Chair Hamilton) Order #082017, as not participating in Chair Hamilton explained this request was brought to the City. It is a recognition the concept and that some municipalities across the State are participating in to recognize a resident development of the for outstanding service. Hamilton felt in order for this Council to consider such an Spirit of America award they should develop a recommendation of whether or not they would like to Award. participate in it, gather the materials, review it, and then develop the parameters on how the City would actually implement this on an arumal basis. The criteria would also need to be determined. Hamilton was trying to determine ifthere was an interest by the Council to take part in this process and then to determine whether this task should be assigned to an existing committee or whether to create a short-

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On a motion by Blanchette, seconded Phillips, it was

RESOLVED to approve Council Order #082017, as not participating in the concept and development ofthe Spirit ofAmerica Award.

Before a vote was taken on the above motion, Kaplan felt the Council could find out more about it first. Hamilton was comfortable with it from the perspective that it can always come back to the Council. He encouraged some further review on it informally and if there is a group that is interested in this then there can be a more thought out proposal created and brought back to the Council for consideration. Kaplan felt it would be fair to table it until there is more information.

A final vote was taken with 5 voting in favor (Blanchette, Grindle, Hamilton, Moore, and Phillips) 1 member voting in opposition (Kaplan) and 1 member abstaining from the vote (Miller).

Chair Hamilton read into the record a comment he received. Gary Fortier sent a Citizens' comment. comment stating anytime the Council can recognize a citizen, they should do it.

Council Order #082018, Discussion and action on creating a rainbow crosswalk Approved - Council within the City ofEllsworth. (Sponsored by Chair Hamilton) Order #082018, the Council form an ad Carolyn Kutny, facility advisor to the Gender Sexuality Diversity Alliance at hoc committee with Ellsworth High School explained how this project began to take form. A group of representatives from

23 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEK.ULICH, GLENN MOSHIER, AND HEIDI GRINDLE. students from this Alliance continued to meet even through COVID-19 (through the GSDA group, Zoom technology) afterschool. During the month of May, the students were talking members of this about Pride month which is during June. This happened to coincide with the release Council, and City of the Maine Integrated Youth Health Survey. The survey is a bi-annual survey that staff to look at all the Maine Department of Health administers to all high school students in Maine. aspects of the issues The results of the survey really showed how much the LGBTQ community is that were raised suffering in terms of the bullying, feeling safe at school, violence on and off school tonight in terms of grounds, feeling like there is a lack of adult support, lack of adults that care about Ordinances and them in their community, substance misuse, depression, anxiety, suicidal ideation, logistics so that a full attempts, and even dying by suicide. The numbers are definitely significant which recommendation can generated discussions and it was decided that the students wanted to do something then come back to to raise awareness and sort of solve this problem. One particular student who had the Council. seen the crosswalk in Bangor suggested possibly doing the same thing in Ellsworth. Although this is only paint, it is a symbol of caring, acceptance, and feeling valued within your community. This would also help to demonstrate that everyone, of every age, is welcome in Ellsworth and that this is an okay place for everyone to be. Kutny did provide a couple of statistics as well as posted the Maine Survey results in the Facebook comments. The School Board has endorsed this project, the Alliance Group will paint some crosswalks on School grounds. The group feels this is a community issue that extends beyond the schoolyard; therefore, they are hoping to bring this concept to the Downtown area. By doing this it will raise awareness and make sure everybody knows that it is okay to be in the LGBTQ community in Ellsworth and the Community is happy you are here. Councilor Miller inquired where they were planning on putting the crosswalks. They have some ideas and are not committed to any one place; they are willing to discuss the final location with the City Council. They like the idea of one crossing Main Street (between Finn's and the Grand) or even further down the street, one on State Street (by the Public Library), one by Third Street (Knowlton Park), and one on Forest A venue (by the backside of the YMCA). They were hoping to paint 2-3 different crosswalks and feel like these are some very good options. The students applied for a grant through Healthy Acadia and they received the grant. During the next three years not only will this group be able to pay for the paint initially to paint the crosswalk, they will be able to repaint them next year, and the following year too. After those three years, this group will be reapplying for the grant so it is possible they could have this grant for 6 years. If that does not work out they feel strongly they could fundraise for the cost of this project. It is not a significant amount of money, the cost estimates are a few hundred dollars in paint. Heart of Ellsworth has generously offered to cover the cost of the supplies (rollers and tape). The group also discussed having an annual community event in the Spring to repaint the crosswalks and call

24 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. it something fun such as "Paint the Town" and invite community members to help paint. The group was hoping to get started before school starts, particularly on the ones located on school grounds. The Pandemic will change the plans slightly but social distancing will not be a problem. They would like this to become an annual event in Ellsworth. Lisa Sekulich, Public Works Director explained concerning the location according to MDOT the whites of the crosswalks have to remain as is. The painting would have to take place in between the white bars. The other requirement is the speed limit on the road where the crosswalk is painted must be 25 miles an hour or less. This will determine which crosswalks are eligible for painting. Sekulich was most concerned about who will be painting the crosswalks. The safety of everybody is a concern; Sekulich would be uncomfortable with people who have not worked within the roadway completing the painting. In her opinion, the Public Works Crew should be responsible for painting the crosswalks if the Council approves the project. The only safe time based on traffic to paint on Main Street would be overnight. There are several safety issues associated with this project as far as getting the work completed. Sekulich did not believe anyone under the age of 18 by law can be within a traffic control work zone. David Cole, City Manager noted these are Federal and State rules; the proposed crosswalks are all on State Roads except the one proposed for Third Street. These are just concerns and could be discussed and worked out with the group. If approved, there would potentially be city staff time and potential overtime expenses. Councilor Moore recognized this group was asking for some respect and some understanding; unfortunately, he did not think that painting a crosswalk was the right way to go. He supports so many other things even this project on the school grounds; however, on a road where the traffic is often going more than 25 miles an hour he is not in agreement. He feels this project could be distracting and there should not be anything except the traditional lines in the crosswalk along with the markers that are out there. Moore stated it is too easy for a driver to look for just a moment and miss someone in the crosswalk; the safety of it is the sole reason he is not in favor of the project. Kutny explained she discussed this with one of the Public Works employees in South Portland and they said because the Maine DOT finds it safe and legal they did not feel like there would be a problem with visibility or safety. A few people indicated that the bright colors would make it more visible and that it might actually be safer, compared to the plain white crosswalk. Kutny stated they would be more than willing to work with Sekulich to ensure they are following all of the regulations and laws. She did speak with Bruce Mattson in the Bangor office of the Maine DOT. He indicated he personally felt that the piano key style of crosswalk is the safest and that is primarily the style located within Ellsworth. In Mattson's opinion the City would be in a good position already based on the current

25 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. infrastructure to make this a project that would be safe. This group is also concerned about safety particularly within a crosswalk so they are more than willing to work with Sekulich and with the laws and regulations. Kutny recognized the irony of the situation is this project really is about safety of the LGBTQ community. Peter Lione, noted he did not think the crosswalk would be any more distracting than some of the very attractive windows on Main Street or people sitting and having coffee at Flex-it. He did not feel the distraction issue was a valid argument, personally. Sekulich noted one of the positive aspects of Main Street for the crosswalk would be the availability of the portable signs that say crosswalk and yield to pedestrian. If a rainbow crosswalk is approved for crossing Main Street, they would make sure it was one that had those traffic cones associated with it. The Council had received emails prior to this meeting that did not indicate they wanted (one specifically stated it was not to be read into the record) or provided permission to read those into the record this evening. Hamilton read the response from Glenn Clark; I feel we have enough rainbow crosswalks in Ellsworth with the approval of them at the schools. I also feel that if we are to stay on the political correct line that any further permanent markings in downtown Ellsworth should be an all lives matter or keep America great motives by showing pride in our Country as well. From Nate Hanson, Dear Councilor Hamilton, I hope you and the other Council members will strongly support the initiative shown by the group of Ellsworth students who have raised money and created a plan for painting rainbow crosswalks at two locations in Ellsworth. I look forward to seeing the Council support this project. Another one stated: Members of the Ellsworth City Council as a parent and teacher, I've personally seen the benefits that a supportive and inclusive community has for children that identify a members of the LGBTQ community. I hope that the City Council will support and approve the request to paint crosswalks in our community with the pride flag colors. Respectfully, Kyle Snow. Gwen Clark provided some more ideas for crosswalks, red, white, and blue; black and white with a blue line just sharing some ideas here. Jon Stein, owner/manager Fogtown Brewing Company, Fogtown would be very happy to help sponsor the crosswalk painting. Another comment stated if we are able to close Main Street for the Taste of Ellsworth, for the Christmas Parade, or Memorial Day, they should be able to close the road for a short time in order to allow a group to have an event to paint a crosswalk. As for the safety issues other cities have their crosswalks in even busier areas such as the intersection of Main Street and State Street in Downtown Bangor. The bright colors bring more attention to the crosswalk than faded white or the beige and brick ones I have seen elsewhere. That was from Marlena Ford. Abigail Miller stated these concerns have all been researched and addressed by this group, they have checked very box, crossed every T; if you need these questions answered

26 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. they shou1d have sent these questions to Carrie previously. This is not a new concept; this has been done in many towns. The research and statistics show that supporting these kids is extreme1y needed to not do so is to fai] these kids. Jon Stein stated safety is a concern; however, it is not others place to determine what is best or is the most needed for groups like these. We must listen to these organizations like GSDA, when they ten us what they want/need; that is how you support others. Another comment stated I am writing to ask you and the City Council to support the initiative to paint rainbow crosswalks in town. I believe this is very important and is a visible way to show support for our LGBTQ community, as has been done in a number of Maine towns and cities. Our son, now a voter, has given me permission to say he supports the measure, he says it's a cool idea and he can't see why it would not be approved. Our daughter a sophomore is an enthusiastic supporter who says she is wil1ing to help with the painting, if needed. Thank you for your leadership during these strange pandemic times and thank you for considering this measure for inclusivity in our community, Sarah Demarke. Those were the comments received this evening. Previous comments expressed similar issues about safety, issues about whether or not the City needs Maine DOT approval. Location was an issue that had come up as wen. There were several emails expressing support for the project. Cole noted in regards to the Maine DOT issue an the City would need to do is meet their specifications. This section of the road is within the Urban Compact; the City manages the area while meeting DOT specifications. Sekulich noted the DOT and State of Maine revised their crosswalk Statues approximately a year ago. Those do anow for painting in between the white crosswalks in areas where the speed is less than 25 miles an hour, the white has to remain, and the paint that is used in between the white bas to be non-retro reflective. This would mean at night you would not see the rainbow colored bars. Sekulich confirmed there are crosswa1ks throughout the City that would meet the DOT requirements and since the City is an urban compact it fans back on the City to determine where and how. Cole explained the colors used for directional pmposes by the DOT cannot be used for this rainbow crosswalk project. Sekulich noted it is strongly recommended not to use common colors such as red, green, and orange. These are federally defined in regards to what they mean for direction. Glenn Moshier, Police Chief echoed his support for Sekulich in regards to concerns about having the group especially young people in the roadway painting these crosswalks. He does not have any objections to the concept of it or the idea of it. Moshier agreed the safest route would be to have the public works crew actuany paint the crosswalk at night when there is a lot less traffic. Councilor Blanchette inquired why they wanted to paint the crosswalks. Kutny explained that is what the students decided they wanted to do and they have seen it in other Cities. She also

27 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. explained a crosswalk is a symbol of safety. It is a place that you are safe. There is some metaphoric meaning with the crosswalk and the purpose of this project. This is a very affordable project and does include grant money. There are also adults willing to help paint, if there are safety concerns in regards to people under 18 being in the roadway; Kutny was willing to sign a waiver of liability so that she could paint in the roadway. This would be a visible sign of safety. Kutny stated her group was not present this evening to censor anyone if other people are interested in doing similar projects they consider it none of their business. She felt they would need to be held to the same standard. Did they find funding, are they willing to do the work, and, do they have a maintenance plan. Blanchette is concerned motorists will be drawn to the colors in a crosswalk and not notice the pedestrian. Blanchette applauded the kids for their thoughts, their efforts, and the work that has been put into this project; however, in his mind this all comes down to safety. He was uncomfortable with changing the safety of a pedestrian crosswalk into a piece of art with or without meaning is the wrong message to send. Councilor Phillips noted this concept is not new in the Country nor in the State of Maine. There is no data to support the rainbow crosswalk is any more dangerous than a standard crosswalk. He felt the point of the entire discussion was to decide whether the Council would like to support this concept to show support for the diversity of our citizens. The logistics associated with the project need to be worked out as voiced earlier and Phillips agreed wherever the crosswalk is located it should have the additional signage next to it. This request just comes down to whether a majority of the Council supports the concept or not. Phillips did not agree with the safety concerns as stated especially with the speed limit so low. He would have no problem with 1 to three crosswalks in certain areas within the City after hearing the presentation and seeing the support for the project. Councilor Grindle stated she is impressed with Kutny and the students as well as their courage, positivity, and hard work that has gone into this idea. She has listened to the many discussions and she does have concerns about some of the statistics and the comments. She is concerned that the students are experiencing bullying, violence, and harassment in our schools. She would like a little more information on that and would like to work toward fixing that. She is also concerned with the statistics that LGBTQ students feel that the adults in their community do not support them. She would like to know why they feel that way and how that can be changed. Grindle stated one reason she cannot support this concept at this point is what we allow for one we must allow for all. She also feels logistically the City does not have enough crosswalks to allow for all causes to come and paint the crosswalks. Grindle did want the students to know that because she does not support the painting of the crosswalks it does not mean she doesn't support them. She is going to ask this group to do a little more work

28 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. and recognized the work that has already been put into this project. Grindle asked, how else the community can support this group besides painting the streets. Kutny inquired if the City was positive they have proper signage for all of the current crosswalks, are they all painted, and well maintained for the safety of the pedestrians right now. Kutny agreed there is a lot of work that the group still needs to do on this issue. The kids feel this way because of the comments that adults have been willing to write online, whether it be on Facebook, the Ellsworth American articles, or the Bangor Daily news articles. There was a lengthy discussion on what other things can be done to add diversity training, as well as how to understand other types of people and their families in an age appropriate way for grades K-12. This group likes the idea of the crosswalk because it is visible, everybody who drives through the City has to acknowledge it, has to talk about it; no matter what happens with the outcome of this meeting she is delighted this group has got Ellsworth talking about something prior to this not a lot of people were willing to talk about this topic in a meaningful way in a public forum. Kutny disagreed that if the Council approves this project they must approve every other request. If that were really true this group would not be here asking the Council for permission; they could identify the fact that the Maine DOT allows for this activity and then start painting. They are here tonight asking for permission, as well as to receive validation that this project is worthwhile. Kutny did state South Portland, Bangor, and Orono have painted their crosswalks and not one other group has asked to paint anything else. Hamilton read another comment from a citizen who stated the argument concerning people's eyes being drawn away is mute, no one made an argument against the senior class having their names on light poles not once, saying that is just another way to push the LGBTQ community back and make them feel less important than other kids in the community - Abby Miller. Hamilton noted for young people to be this involved and invested in their community is a good thing. Hamilton does not believe this has to be a controversial issue. At the very heart of the request is acceptance. There is an Ordinance which discusses painting sidewalks and streets. From that perspective those logistical things can be overcome; however, it was unclear if tonight was the place to deal with them. If there are ordinances and precedents in place and a good process is not set up tonight then it could potentially be set up for failure. Hamilton felt the best path forward would be to say personally I support the idea; however, we need to implement a structure and parameters as a City so this will be successful. The due diligence does not have to take years to complete it can be completed fairly quickly. This process would not be unusual for the Council when facing a new request. The nature of the request was not the issue, the logistical issues need to be addressed quickly, and then the request can come back quickly and have a much better outcome for both

29 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. short and long term. Hamilton and Grindle were pleased a conversation has been started and should continue in a way that is formal beyond just this one request as the process moves forward. Lione, noted he is thrilled to see these kids have taken on this project. When he was their ages this could never have existed or would he have ever dreamed this is what could happen one day. This project is very meaningful to these kids but it is also very meaningful to all of the people in the Community of any age to be acknowledged. He wants everyone who drives through Ellsworth to know this is a place everyone can feel safe, good, and accepted. Abby Young, resident of Ellsworth stated according to the main youth integrated health survey in 2019, 24% of gay and lesbian high school students in our County considered suicide compared to 6% of straight high school students. Miller inquired if the other cities had their public works departments paint the crosswalks for them or were they able to paint it themselves. Kutny was not sure who physically painted the crosswalks; she was willing to find the answer and get back to the Council. She felt offering to do the work themselves would be helpful; it did not occur to her this would be a point of contention. In Bangor and Orono, the public works departments did physically perform the painting. Cole noted it is not an issue ofliability or absolving liability it is the Federal Works Place Standards that drives this requirement. A comment from E Matthias III, was read into the record as do not stand in the way of these children, it has to start somewhere, stand with your community. Another comment was read into the record as, Let's install additional pedestrian and blinking crosswalk lights. The Main Street crosswalks are very dangerous even with just the black and white and especially during the seasons before they are repainted and are barely visible. If the issue is really safety, let's make all our crosswalks safe for everyone, then paint them rainbow colors to support these kids -Jon Stein. Tara Young, resident of Ellsworth stated if there is a need for additional money to cover overtime for the Public Works Department to paint the crosswalks, she believed that would be a reasonable amount of money for the Committee to discuss approving or maybe they could fundraise to cover that expense. This was not seen as a hardship. Blanchette stated he actually finds the crosswalks on Main Street to be quite safe. He has never had an issue with any of them. Councilor Kaplan stated before this vote, she wanted to gauge community interest. She conducted a very informal poll (not sure how many were Ellsworth residents) the results were approximately 80% in favor. She did say she would abide by the will of the voters. There will be some people who are upset no matter how we vote. This is about these kids, they have put their heart and soul into this project. She would not want to disappoint kids but at the same time these are public streets and they are everybody's streets. This needs to be up to the voters, the voters should have a say so in what they get. Kaplan wondered if this is something

30 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DA TE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. that could be passed on to the voters and let the voters decide or if the Council should just go with the majority of what people have said, so far. Kaplan felt even if this project did not pass, there are plenty of private buildings that a beautiful mural could be painted on. She would be willing to help paint a mural on a building. Miller agreed with Kaplan, in that the kids showed a great deal of initiative in figuring out how to receive funding, writing letters to the School Board and City Council. This activity has demonstrated a lot of community involvement. He is not willing to crush their enthusiasm; he felt they should be allowed to paint a couple of crosswalks. Hamilton inquired if there would be a willingness for members of Kutny's group to work in collaboration with the City Council on a short-term committee to develop a recommendation around that so the Council can address the logistical piece and be sure they do not create an adversity simply because of those issues coming up after the fact. Kutny stated they would absolutely be willing to work together on this project. They did not have a commitment to any particular crosswalk for this very reason, they wanted to remain flexible and be able to work with the Council. Phillips inquired who would be on the committee that is being discussed. He envisioned the Committee being the Police Chief, Public Works Director, and City Manager. Then they would meet with this group and decide what works logistically, areas that they feel would be safe, and then either bring it back to the Council or not. Maybe the Council could just agree with the concept and allow them to paint two or three crosswalks. He questioned how much this concept needed to be debated as everyone has their own opinions on the process. Kaplan suggested a more of a middle of the road approach, narrowing down the number of crosswalks; she believed an excellent location for this crosswalk would be Main Street right next to the Grand. It would not be several crosswalks because there are already two at the schools and this would just make a third one. Benjamin Snow, Ellsworth resident and senior at Ellsworth High School stated seeing something like this would be really awesome. His freshman and sophomore year he saw a lot of adults and kids using plenty of colorful language meant in a derogatory sense to people who were or were not in the LGBTQ community. It definitely created a mindset that the adults around him that were not personally known to him either did not like him or were working against him. Hearing a lot of support from places like Fogtown Brewery has made his week, knowing those places do support this project. He believes the crosswalks are a great idea and he would actually drive up Main Street to go to work rather than take his usual route. Moore stated this group has done a great job, they should all feel very proud of themselves, and he did say if this passes with painted crosswalks, he will not lose any sleep. Hamilton noted out of all of the comments received throughout this process and including the ones read into the record this

31 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

On a motion by Phillips, seconded Miller, it was

RESOLVED to approve Council Order #082018, support the requests ofthe group to have a rainbow crosswalk in Ellsworth. The amount and location to be determined after a small committee ofp erhaps the Public Works Director, Police Chief, maybe the City Manager, and the group asking has sat down and discussed where and what.

A vote was taken with 3 voting in favor (Hamilton, Miller, and Phillips), 3 members voting in opposition (Blanchette, Grindle, and Moore), and 1 member abstaining from the vote (Kaplan). This motion failed to pass.

Phillips was unsure of the ability to abstain from the vote in this case. Hamilton noted in this case with a 3 to 3 vote the motion does not pass.

Hamilton made a motion that the Council form a working committee with representatives from Ms. Kutny's group, GSDA group, members ofthis Council, and City staff to continue to work on a proposal. Bring that forward, working out the logistics and come back to the Council with the proposal.

On a motion by Hamilton, seconded Miller, it was

RESOLVED to approve Council Order #082018, the Council form an ad-hoc committee with representatives from the GSDA group, members ofthis Council, and City staffto look at all aspects ofthe issues that were raised tonight in terms ofOrdinances and logistics so that a full recommendation can then come back to the Council

Before a vote was taken on the second motion that was made and seconded, Grindle asked the logistic piece. Does Hamilton mean, just property logistics, or would it

32 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE: AUGUST 17, 2020 TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. include the Ordinance logistics. Hamilton indicated it would include all of those pieces that were discussed this evening that related to this physical project. That committee will come back to the Council to make a recommendation based on that process. Phillips addressed the abstention from the prior vote on the first motion. He felt under Robert's Rules of Order if a Councilor cannot express a conflict of interest the vote is recorded as affirmative. This was supplied to Phillips from a previous Councilor (Fortier) based on language he found in Robert's Rules of Order. It is a fairly limited amount ofreasons why you can abstain and ifthere is a conflict of interest in your opinion and can state it then that would be a reason you can abstain. There was an understanding that abstentions were generally financial in nature. Hamilton stated on quick review it is correct; however, there is also the ability within Robert's Rules of Order that members are not required to vote. In effect, members can vote for, against, or not vote. In that case your vote obviously does not count. From Robert's Rules of Order, do abstention votes count? Answer: the phase abstention votes is an oxymoron, an abstention being a refusal to vote. To abstain means to refrain from voting and as a consequence there can be no such thing as an abstention vote. In the usual situation where either a majority vote or a two-thirds vote is required, abstentions have absolutely no effect on the outcome of the vote. Since what is required is either majority or two-thirds of the votes cast. On the other hand ifthe vote required is a majority or two-thirds of the members present, or a majority or two-thirds of the entire membership an abstention will have the same effect as a no vote. Even in such a case; however, abstention is not a vote and is not counted as a vote. Hamilton summarized what that means is it would be a non-vote. A member does not have to vote. In that case it reduces the majority down to the individuals that do vote. In either ruling of this, it would still come out 3-3 where it doesn't prevail. It has no effect on the outcome of the vote by not voting. There is no requirement for a member to vote according to Robert's Rules of Order. This information came from the Official Robert' s Rules of Order site. The motion made by Hamilton and seconded by Miller is still on the table for discussion. Miller stated he would be happy to serve on this committee if one is appointed. Phillips inquired if that means the Council in the end supports the issue or does that mean we just table it and talk about it again and let it die another death. Hamilton clarified it means the Council keeps the process going and the discussion going and for him that is an important part of this process. It will make sure the discussion is continued and he is proposing that framework for that to happen. Moore felt if this was done there would be some better information to base a decision on. The motion will be an opportunity to think this out a little more and learn a little more. Kaplan stated it would also be good for the kids to be part of it.

33 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

Council Order #082019, Discussion and action on the creation ofa committee to Appointed_ support funding the Library and appointment ofCouncilors to that Committee. Councilors Grindle (Sponsored by Chair Hamilton) and Kaplan to this Committee. Chair Hamilton explained the Council had identified they wanted to bring together a committee of the members of the Board of Library Trustees, community representatives, and two members of this Council to work on addressing the issue of surrounding communities in terms of funding. This was a process that the Council had endorsed during the budgeting process. Hamilton stated this is the process for identifying which Councilors would be interested in participating on that committee. Councilors Kaplan and Grindle indicated they would be interested in participating on that committee.

Chair Hamilton appointed Councilors Grindle and Kaplan to this Committee.

Chair Hamilton read a comment from a member of the viewing public. This person Public comment. stated this is a misuse of an abstention. I don't believe there is a conflict of interest. You may not abstain simply because you do not want to decide - Jon Stein

Hamilton believed this comment was addressed with the reference to Robert's Rules.

Executive session to discuss personnel matters in accordance with MRSA Title 1, Approved - Entering Chapter 13, Section 405, Paragraph 6A. executive session for the purpose of On a motion by Blanchette, seconded by Miller, it was unanimously discussing personnel matters in RESOLVED to approve entering executive session for the purpose ofdiscussing accordance with personnel matters in accordance with MRSA Title 1, Chapter 13, Section 405, MRSA Title 1, Paragraph 6A at 9:30 PM. Chapter 13, Section 405, Paragraph 6A at Chair Hamilton noted the Council will not be coming out of executive session with 9:30 PM. a report.

David Cole, City Manager remained in the Executive Session with the City Councilors.

34 RECORD OF REGULAR MEETING ELLSWORTH CITY COUNCIL

DATE:AUGUST1~2mo TIME: 7:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, KAPLAN, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: ALL PRESENT. KEY SPEAKERS PRESENT: CITY MANAGER DAVID COLE, RICHARD TUPPER, LISA SEKULICH, GLENN MOSHIER, AND HEIDI GRINDLE. On a motion by Phillips, seconded by Blanchette, it was unanimously Approved Adjourning from RESOLVED to approve adjourning from executive session in accordance with executive session at MRSA Title 1, Chapter 13, Section 405, Paragraph 6A at 9:52 PM. 9:52 PM.

Adjournment. Approved Adjournment at 9:53 On a motion by Moore, seconded by Miller, it was unanimously PM.

RESOLVED to approve adjoumment at 9:53 PM.

35 RECORD OF EMERGENCY MEETING ELLSWORTH CITY COUNCIL

DA TE: AUGUST 19, 2020 TIME: 6:00 PM PLACE: ELLSWORTH CITY HALL COUNCIL CHAMBERS CITY COUNCIL PRESENT: BLANCHETTE, GRINDLE, HAMILTON, MILLER, MOORE, AND PHILLIPS. CITY COUNCIL ABSENT: KAPLAN KEY SPEAKERS PRESENT:

Executive session to discuss personnel matters in accordance with MRSA Title 1, Approved - Entering Chapter 13, Section 405, Paragraph 6A. executive session for the purpose of On a motion by Grindle, seconded by Blanchette, it was unanimously discussing personnel matters in RESOLVED to approve entering executive session for the purpose ofdiscussing accordance with personnel matters in accordance with MRSA Title 1, Chapter 13, Section 405, MRSA Title 1, Paragraph 6A at 6:00 PM. Chapter 13, Section 405, Paragraph 6A City Councilors were the only ones present for the Executive Session. at6:00 PM.

011 a motion by Phillips, seconded by Grindle, it was unanimously Approved Adjourning from RESOLVED to approve adjourning from executive session in accordance with executive session in MRSA Title 1, Chapter 13, Section 405, Paragraph 6A and in tum the meeting at accordance with 8:05PM. MRSA Title l, Chapter 13, Section 405, Paragraph 6A and in turn the meeting at 8:05 PM. . _ TR6;0,PY 70/GRJNDLEi ~E 1 ;cf. zozo ~

1 City Clerk ;1,

MEMO

To: City Council From: Heidi-Noel Grindle Date: September 10, 2020 Re: Council Order #092000

According to Title 21-A: Elections §626, polling place opening times are flexible according to the populations of the municipality. The polls must be opened no earlier than 6 AM and no later than 8:00 AM on Election Day, except in municipalities with populations less than 500, the polls must be opened no later than 10:00 AM. The Statue further requires the municipal officers of each municipality determine the time of opening the polls within these limits. As there is a range oftime a municipality the size of Ellsworth could choose I would like to request the Ellsworth Polls open at 7:00 AM. This would be the normal time the polls open for Presidential elections, making it convenient for voters to vote before their work day starts.

Title 21-A: Elections §626 states the closing time is fixed, the polls must be closed at 8 PM on Election Day, except in municipalities of populations less than 100 which may close the polls after all registered voters have voted.

If this is favorable with the Council, I would propose the following motion:

Suggested Motion: Move to approve Council Order #092000, Request of the City Clerk for approval on setting the polling places open.ing time as 7 AM for the November 3, 2020 State of Maine General Election and City of Ellsworth Municipal Election. Cou/)ci_\ o~b, -# o7 do o/ M-'L~------J-C-ity-Ha-JJ-P-la_za_•_E_ll_sw-o-rth-, -ME-C_~-?'-60C_5 _-\~-:~ ELLSWQ1'_T}I Phone (207) 669-6604 • Fax (207) 667-4908 Business, Leisure, Life. [email protected] [email protected] [email protected]

MEMO

To: City Council From: Heidi-Noel Grindle Date: September 10, 2020 Re: Council Order #092001

Title: Appointment of Warden and Ward Clerks for the four voting districts ********** WHEREAS, Title 21A provides that the City Clerk shall appoint Wardens and Ward Clerks with the approval of the municipal officers; and

WHEREAS, these appointments are made before each election,

RESOLVED, to appoint the following persons to their respective Wards:

Ward One Warden - Elisa Sinclair Ward Clerk - Bunnie Daniels

Ward Two Warden - Lynn O' Kane Ward Clerk - Carole Hough Ward Clerk - Judy Grohe

Ward Three Warden - George Schatz Ward Clerk - Margaret Olson Ward Clerk - Claudia Basso

Ward Four Warden - Twyla Bryant Ward Clerk - Kelley Tupper Ward Clerk - Margo Newman

Suggested Motion: Move to approve Council Order #092001, the appointment of the above named individuals as Wardens and Ward Clerks for the November 3, 2020 State of Maine General Election and City of Ellsworth Municipal Election. City Clerk I City Hall Plaza • Ellsworth, ME 04605-1942 Phone (207) 669-6604 • Fax (207) 667-4908 [email protected] [email protected] mmonk@el lsworthmaine. gov

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SIGNATURE:;1b~t 1_n ~ijA DATE: 5/ rfa)lt

LICENSE EFFECTIVE FROM: EXPIRES: 10/3 1/2021 LICENSE TYPES APPROVED BY:

Class A Establishment Designated as an establishment requiring a combination of any FOUR city licences. (amusement, lodging, liquor, victualer's) CODE~ ENFORCEMENT/HEAL TH OFFICER $1 00. 00 Class B Establishment DATE : ~ _fl_/-() ;rt) Designated as an establislunent requiring a combination of any TIIREE city Jicences. (amusement, lodging, liquor, victuaJer's) $85.00 Class C Establishment Designated as an establishment requiring a F~ DATE: e;-/'17-C?tZJc:EJ combination of any TWO city licences. (amusement, lodging, liquor, victualer's) $65.00 Victualer's Provider of food of any sort for public lb~ Nd~ conswnption either on or off premises for a POLICE DEPARTMENT fee. DATE: r;I;?/ ~ $35.00 Mobile Vending Units I hereby ce~fy that all taxes and fees due the City of Ellsworth Operation ofany vehicle including a Junch have/have not been paid in full. wagon, a fixed mobile vending unit or reaming unit which is used for the sale of any prepared food. $45.00 ~~ ~~ S \2\\l..\)ltl Amusement CITY TRERERJ TAX COLLECTOR Live music, dancing, entertainment, exhibition, performance, shows, diversions. $35.00 REMARKS: Lodging house _ New _ Renewal Place providing sleeping accommodations with or without meals and charges a fee including but not limited to boarding houses, hotels, inns and motels. $30.00 + $2.00/room Liquor Alcoholic beverages. All liquors but not APPROVAL CRITERIA limited to wine, beer or spirits, on and off City officials, (Code enforcement officer, Fire Chief & Police Chief) premises consumption. shaJJ cause inspections to be made and a written report forwarded to $35.00 Arcade the licensing authority that the premises are in compliance with the Building or area containing pinball, video following" games, bagatelle games, pool and billiards. A. Current zoning ordinance 12 devises or less $20.00 B. Current I 01 life safety code Over 12 / $35.00 C. Current fire prevention codes and ordinances Special Amusement D. Current electrical code Live music, dancing, entertainment, E. Current building code . exhibition. and perfonnances, shows and F. Current plumbing and subsurface waste water disposal rules diversions that include the offering of G. Current sewer/stonn water ordinance alcoholic beverages. In its consideration to approve or deny said· request, the city council $35.00 shall determine that the applicant has: A) Obtained approval from appropriate city officials; B) Paid aJJ arrearages of compliance with any requirements for obtaining the license or pennit pursuant to this or any other ordinance and any st.ate or federal law. STATE OF MAINE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES BUREAU OF ALCOHOLIC BEVERAGES AND LoTTERY OPERATIONS DIVISION OF LIQUOR LICENSlNG AND ENFORCEMENT

Division Use Only License No: Application for an On-Premises License Class: By: Deposit Date:

All Questions Must Be Answered Completely. Please print legibly. Amt. Deposited: Payment Type: OK with SOS: Yes 0 NoO Section I: Licensee/Applicant(s) Information; Type of License and Status

Legal Business Entity Applicant Name (corporation, LLC): Business Name (D/B/A}: -f;,, ( N (_ ClftI'! I(_ l Physical Location: 3° I It Individual or Sole Proprietor Applicant Name(s):

Mailing address, if different from OBA address: Email Address: Ol<;.JAH 1 ~

Maine Seller Certi icate #or Sales ax#: 1150 61 6 Retail Beverage Alcohol Dealers Permit: Website address:

1. New license or renewal of existing license? 0 New Expected Start date: ______

Renewal Expiration Date: / 2./ .J 2... { 2---u

2. The dollar a~ount of gross income for the licensure period th:t will end on the expiration date above: /

Food: th{)3°1 I Beer, Wine or Spirits: Os 397 Guest Rooms: &11

3. Please indicate the type of alcoholic beverage to be sold: (check all that apply)

~ Malt Liquor (beer) ri Wine f!f' Spirits

On Premise Application, Rev. 3/2020 Page I of 11 Section ill: For use by Municipal Officers and County Commissioners only

The undersigned hereby certifies that we have complied with the process outlined in 28-A M.R.S. §653 and approve this on-premises liquor license application.

Who is approving this application? 0 Municipal Officers of ______

0 County Commissioners of ______County

0 Please Note: The Municipal Officers or County Commissioners must confirm that the records of Local Option Votes have been verified that allows this type of establishment to be licensed by the Bureau for the type of alcohol to be sold for the appropriate days of the week. Please check this box to indicate this verification was completed.

Sienatu re of Officials Printed Name and Title

This Application will Expire 60 Days from the date of Municipal or County Approval unless submitted to the Bureau lncluded below is the section of Maine's liquor laws regarding the approval process by the municipalities or the county commissioners. This is provided as a courtesy only and may not reflect the law in effect at the time of application. Please see http://www.mainelegislature.org/legis/statutes/28-A/title28-Asec653.html

§653. Hearings; bureau review; appeal

1. Hearings. The municipal officers or, in the case ofunincorporated places, the county commissioners ofthe county in which the unincorporated place is located, may hold a public hearing for the consideration of applications for new on premises licenses and applications for transfer oflocation ofexisting on-premises licenses. The municipal officers or county commissioners may hold a public hearing for the consideration of requests for renewal of licenses, except that when an applicant has held a license for the prior 5 years and a complaint has not been filed against the applicant within that time, the applicant may request a waiver ofthe hearing.

A. The bureau shall prepare and supply application forms.

On Premise Application, Rev. 3/2020 Page6of11 --/Jiff\ -=t1: // ( ~J ~ City Clerk I Ci1y Hall Plaza • Ellsworth, Mc 04605-1942 Phone (207) 669-6604 • Fax (207) 667-4908 h grind lel@e Il s worthmaine .gov thowes@ell sworthmaine.gov [email protected]

BUSINESS LICENSE APPLICATION

CUSTOMER #32 APPLICANT: MAINE ORGANIC THERAPY MAILING ADDRESS: PRIMARY ORGANIC THERAPY INC. 3 MYRICK STREET PLAZA SU ITE B DISPENSARY ELLSWORTH, ME 04605 MAP LOT: 016047007000 BUSINESS TELEPHONE: 207-667-0510 FAX NUMBER: EMAIL ADDRESS: l;'RR@ffiaiHeorganiGthera13)'.org ()..m~e fY\ ~fl .eQrc.:-ic' "; C~I~ f '-1 · ur') NAME OF BUSINESS (DBA): MAINE ORGANIC THERAPY LOCATION OF BUSINESS: 3 MYRJCK STREET NUMBER OF EMPLOYEES: NATURE OF BUSINESS: MEDICAL MARIJUANA DESCRIPTION: FOOD MEDICAL MARIJUANA DISPENSARY Public Hearing Notice Fee

PROPERTY OWNER: SHAPAZIAN VERNON E & LOIS W TRUSTEE

BUSINESS OWNER: MAINE ORGANIC THERAPY PHONE NUMBER:

EMERGENCY CONTACT: JOE LUSARDI: 207-331-3322

EMERGENCY CONTACT: L-¥Nl

LICENSE EFFECTIVE FROM: EXPIRES: 08/3112021 LICENSE TYPES APPROVED BY:

Class A Establishment Designated as an establishment requiring a combination of any FOUR city licences. (amusement, lodging, liquor, victualer's) CODE ENFO~Cj:MENTfliEALTH OFFICER $100.00 Class B Establishment DA TE: ~ -pt';:r- )() ?JV Designated as an establishment requiring a combination of any THREE city licences. (amusement, lodging, liquor, victualer's) $85.00 Class C Establishment Designated as an establishment requiring a F~ combination of any TWO city licences. (amusement, lodging, liquor, victualer's) $6 .0.0 ctualer's Provider of food of any sort for public consumption either on or off premises for a POLICE DEPARTMEfT DATE: 0/J.J /J.o ~~s.oo-t"';,ooc ~i.f~ ..: '~ tf!. fu MobiJe Vending UniG I hereby certify that all taxes and fees due the City of Ellsworth Operation of any vehicle including a lunch have/have not been paid in full. wagon, a fixed mobile vending unit or reaming unit which is used for the sale of any prepared food. $45.00 ~r ~~\./v s l2l I2t) 2-o Amusement ~ ...... ,., TAX COLLECTOR Live music, dancing, entertainment, exhibition, performance, shows, diversions. $35.00 REMARKS: Lodging house - New - Renewal Place providing sleeping accommodations with or without meals and charges a fee including but not limited to boarding houses, hotels, inns and motels. $30.00 + $2.00/room Liquor Alcoholic beverages. All liquors but not APPROVAL CRITERIA limited to wine, beer or spirits, on and off City officials, (Code enforcement officer, Fire Chief & Police Chief) premises consumption. $35.00 shall cause inspections to be made and a written report forwarded to Arcade the licensing authority that the premises are in compliance with the Building or area containing pinball, video following" games, bagatelle games, pool and billiards. A. Current zoning ordinance 12 devises or less $20.00 B. Current 101 life safety code Over 12 I $35.00 C. Current fire prevention codes and ordinances Special Amusement D. Current electrical code Live music, dancing, entertainment, E. Current building code . . exhibition, and performances, shows and F. Current plumbing and subsurface waste water disposal rules diversions that include the offering of G. Current sewer/storm water ordinance alcoholic beverages. In its consideration to approve or deny said·request, the city council $35.00 shall determine that the applicant has: A) Obtained approval from appropriate city officials; B) Paid all arrearages of compliance with any requirements for obtaining the license or permit pursuant to this or any other ordinance and any state or federal law. Medical Marijuana Dispensary License Application

Office of the City C[erk One City Hall Plaza, Ellsworth, Maine 04605 City Clerk. Heidi-Noel Grindle [email protected] (207) 669-6604 Deputy City Clerk, Katina Howes [email protected] (207) 669-6604 ELLS"'\~'01\.TB Assistant Clerk, Amanda Parsons [email protected] (207) 669-6604 Business, Leisure, Life. City Website: cityofellsworthme.org

MEDI CAL MARIJUANA DISPENSARY LICENSE APPLICATION

Application date Li~?,_?'.)) '2- 0 O New License ($1, 00) ~ renewal ($1,000) O License amendment (No fee)

Name of Non-for-profit: 1 Applicant (contact) Name~~~~~~~~~~~~~~J~.'~~~~~~~~~~~~~~h~\1~~~~~~~- ~~~~ JFirst Middle Last DaytimePhone:a,6:+-- lo.l9t-0S\ D Evening Phone: JD3-- -_(o(_9)- ~ S\9

Email address: C)..ro u@ N\O-~ (\.f QCC1r.Ao-, c :s j X\>&c CA-f ~ 'a Qr 'j Contact's Role within the business: __,_ffi-'--l.J...C...,.J.-+f\~o,,._".::.,%~Q "-'C______

Mailing Address: 3 ~Q(JL Sn-e.. Q)-- &:.\£ . ~ ( .\\S~~1ffif {)Lf(o05 ~ ,., -:street . _ ~ City _ State Zip Code Business Location: ~ '"'-1... AC ,c;k_. ~fyu }\ ~ , k ~ Stre~t address Location is: D Owned by establishment O Rented [iJ Leased- expiration date:------

If leased/ rented: Property owner's name SbO...f>C.t"Z.'1 e n Ve,roon Phone numbercJDJ--;;> u l...9 -.SI 81J

Has the applicant or any officer, director or employee of the applicant ever been convicted of a felony in a federal, state or other court? Li(No. D Yes. (Please obtain a clearance letter from the Ellsworth Police Chief.)

On-site Community relations staff person (to who people can provide notice if there are operating problems associa~xd with the establishment): Name: V-TffiY) \:XA,ve.,.S'\,Qo0r Phone: d-1)~ - LAa1-- O'S.\ b Ema ii: (».Cnvj{i2 'if'\ c.N c>ccy.·..N.c0-Sl-r~J" \) CYJ

Please enclosed the following information:

L A copy of the State Certificate of Registration for this establishment.

2. A copy of the property deed or a copy of the lease agreement indicating permission to use the premises as a Medical Marijuana Dispensary.

3. A description of products and services to be provided by the establishment this year.

4. A letter from the Ellsworth Police Chief confirming: the Security Plan and the Anti-diversion policy and amendments are on file and found to be acceptable; the receipt of the summary report of incidents and illegal activities for the previous year; the bi-annual receipt of the employee lists and that the employees were found to be acceptable.

5. A letter from the Ellsworth Fire Chief Material confirming the receipt of the safety data sheets and annual updates.

6. The .appropriate fee - Check made out to the City of Ellsworth. Medical Marijuana Dispensary License Application

I hereby certify that I have examined the information provided herin and attached and that, to the best of my knowledge, it is true, correct and complete. I also declare that I have been given and have read a copy of the City of Ellsworth Chapter 14, Section 412 Medical Marijuana Dispensary Standards and that to the best of my knowledge, the establish ent I represent is in complete compliance with said Section 412.

Signature: Date: Y \ ;;)_C:,) d 0

Application received date: V/cfl 1/iJOclu Application fee paid: __:./-1--_//_~_,_o_o ___ _

City Council action: O License approved O License denied O License suspended O License revoked

City Council acbon date: __V+i-~-'~'~~ -o-~_o______I '

Date: --+-9/_11__,_/ ~~_o2._0 __ _

Date: _O'l--Lil'i/ ~~.,------Date: _(J'--+/_J_f~/~_()_~_ 0__ _ ( J Date: _{J-+-/~if_,_ )_...20_ffi___ _ I

l Ellsworth Fire Department From the desk of Inspector Michael Hangge I City Hall Plaza • Ellsworth, ME 04605-1942 Phone (207) 667-4910 • Fax (207) 669-6618 [email protected] www.ellsworthmaine.gov

June 18, 2020

Amy Davenport, Dispensary Manager Maine Organic Therapy 3 Myrick Street Ellsworth, Maine 04605

Ms. Davenport,

The City's Fire and Life Safety Inspector has conducted an inspection of your facility for renewal of your business license. Due to the change in operations at the 3 Myrick Street location with the removal of the extraction and processing operations and using the spaces exclusively for storage and packaging, the high hazard has been reduced to ordinary hazard. The inspection of May 28, 2020 of your facility showed you to be in compliance with the Life safety Code and the City of Ellsworth Fire Protection and Prevention Ordinance.

Thank you,

~a~· ...... c:..-.--__ Michael Hangge C CFPE I CFI-I I NICET-II CET Fire and Life Safety Inspector Plans Examiner Ellsworth Fire Department Jeff Dow ([email protected]>

Lease of Myr\ck Street E\\sworth Property 2 messaQ&tl

Jeff Dow <)[email protected]> To: Joaeph Lusardi

HI Joseph,

Shap Shapazlan was In my office the other day end mentioned that there was some concern about the lease expiring on July 31, 2018. I have reviewed the lease and It does expire on lhal date. If you wanted to extend the lease there Is supposed to be a 90 day written noUce that you want to renew tor an additional 2 year term, (p~ragraph 16 of \he leue). We are assuming this I& an oven;lght and that you want to continue the lease for another 2 year term. The monthly rental will become $6,068.82 starling on August 1, 2018. The lnCl'ease le the average consumer price Index Increase for the past year u ref~rred to In paragraph 4 of the lease. If you are plannlng on extending the term, we ask that you •end us a note stating that

As 11lwaY$, If you have any queaUons regarding the lease or l"ues with the property, do not hesitate to contact either Shep or myself.

Jeffrey R Dow, CPA (207) 667-5518

Joaeph Luaardl Mon, Jul 9, 2016 et 7:35 AM To: Jeff Dow Cc: [email protected], [email protected]

HI Jeff

Yes we would like to extend for the next 2 year term In the lease. Thank you Joseph Lusardi

Joseph A. Lusardi Executive Director Maine Organic Therapy www.malneorganlclherapy.org 888-360-0650 207-331-3322

Confidentiality Notice ~hi~ ol~c~nlc mail tnmsmlHlon (Including all attachments) contains confidential Information and Is Intended only for the person to whom addressed In e ex e ve. A.$ such, It may contain prlvflaged or confidential Information. If you are not the Intended recipient or the person Identified In lhe text above, any use of this meHage Is prohibited. We request that you notify us by reply to this message, and then delete en copies of thl• meaaa lncludlng any contained In your ieply. Thank you. lfV

[Ouoled lex! hidden! LEASE

THIS LEASE made this 6th day of June, 2016, by and between Lois W. Shapazian and Vernon E. Shapazian, Trustees of the VES Revocable Trust under date ofDecember 30, 1992, ofEllsworth , Maine, hereinafter referred to as the Lessor, and Primary Organic Therapy, Inc d/b/a Maine Organic Therapy, a non-profit organization,ofEllsworth, Maine, hereinafter referred to as the Lessee.

1. Demised Premises - The Lessor hereby leases and demises and lets unto the Lessee a leased area which includes Suite B "the middle suite" of 3 Myrick Street Ellsworth, Maine, said leased area of the building being approximately 4,000 square feet and representing forty percent (40%) of the overall development. The property is more particularly described on Exhibit A attached hereto and made a part of this lease.

2. Term - The initial term of this Lease shall commence on June 6, 2016 and shall end on July 31, 2018, unless otherwise terminated as hereinafter provided. The Lessee will have the option of renewing this Lease for four ( 4) additional two (2) year terms as hereinafter provided in paragraph 16. If this Lease is renewed, the additional term shall end on the last day of the renewal term, unless the Lease is otherwise tenninated as hereinafter provided.

3. Occupancy - The Lessee shall have the right to occupy the demised premises on or after June 6, 2016, pending all utilities being transferred to the Lessee's name.

4. Rent-

Fixed Annual Rent- Commencing as ofAugust l~ 2016{the "Rent Commencement Date''). The Lessee shall pay the Lessor an annual fixed rental of$66,000.00, payable in advance in equal monthly instalhnents of $5:50Q.O©·each on the first day of each month until August 1, 2017. Comrtleneirtg on August 1, 201 7·; the Lessee shall pay the Lessor an annual fixed rent of $72,000, payable in advance in equal monthly installments of $6,000 each on the first day of each month. The first monthly installment shall be payable on August l, 2016.

Each year on the anniversary ofthe Rent Commencement Date , the fixed annual rental shall be adjusted by the Lessor to include an additional amount of fixed annual rental calculated to reflect the aggregate of the average annual "Changes in Consumer Prices" for all items as shown in the Economic Indicators which is published by the Joint Economic Committee of the Senate and the House of Representatives of the United States of America, based on the previous fiscal year. The previous fiscal year shall be defined as the twelve month period which ends two months prior to the anniversary of the Rent Commencement Date. (fhe

l 6/18/2020

{)Sko.whegan Account: BUSINESS 0001 ·• Savings Date: 6/ I 8/2020

~R~~&o~¥~o~r~~RAPY INC ~ 04/~~/~020 0080000931 ELLSWORTH, ME 04605

AMOUNT PAY c ~JH~. ~ ~o~ . n~~ro=·~~.QQ.t.:L.Al~~AHr>.·. ."4ttl>P: : TO •.,... ,.. ,,...... ,..,,.,,,,.,. • .:,..~ .-....:-:.· TtfE ~CITY OF ELLSWORTH .\ **$1115.00 ORDER:,..,..,__.,..-=-~-.-.·· ~ . .. : .: . -::· "l OF

('• sk:o.wh~n s1 gnature on F11 e - • h le. ..• ~savmgs e.ccour1t holder /\u pre-approved thU c ec Vold After 90 Days . . _ .f!:'. '·- ---·--· . - - ·~ ·- ··· - . .

1/1 MAINE MEDICAL USE OF MARIJUANA PROGRAM

THIS CERYTIFIES THAT MAINE .ORGA$C THERAPY DISPENSARY LOCATION .· -·~~· . . . CULTIVATING LOCATION 3 MYRICK STREET SUITE B .:)~!· 5 DRAPEAU STREET ELLSWORTH, MAINE 04605 .. ;J:~ ...... - . BIDDEFORD, ME 04005 ... ~;j'.:;'.~_:•. · :. . .:: ·.:·~~· ;·.· '. . . ::~.i~:: .i -.: : .. ~ ·l'. A;:... • :<1~ . ~ .. • .•. JI .., Has met the ~egistration re~~.1. ,~ ·· .,~'11ts of~~~· ~ ~ ~588?~ to -~~ ~ ~Dispensary .for furnishing marijuana for medte~, ~ ·S~~o · Qu~~1~.Q:i~fattent~_. and/or:Reg1stered Caregivers " /. -~ ~~ \... ~ ' (,.~ _}''f-~ )'.,1.' u ~ • I • J: '•'I. . ,,, 1'1j~'" • . :- : CERTIFICAI ~ ~~OF RfiGiSTRATrON osP1os ISSUED ON DECEM*~ f8, 2019 Al\J:D EXPIRES ON-DECEMBER 17, 2020 ..;~;~; . .:/ .' ...... < ._: :~_· ~·:~ ...... ~a .....,; . ..; . ..~ : I"' I ' Lllc4 U

Director of Licensing • t., Office of Marijuana Policy .. Maine Medical Use of Marijuana Program How To Use Our Products

1. Smoking/ Vaporizing Medical Cannabis Smoking: Historically, the most traditional form of ingestion is smoking the dried flowers or leaves of the cannabis plant. Hash and kief are also ingested this way. Cannabis can be smoked through a pipe, rolled into a joint (or cigarette), or smoked using a water pipe (bong).

For most patients, the effects of smoking dried cannabis are felt almost immediately, but soon begin to diminish. Depending on the indh·idual patient, and the cannablnoid content and potency of the cannabis strain, effects wear off almost completely within 90 minutes to 4 hours. Regularly smoking any plant material, including marijuana for health reasons, can have a negative impact, which is why Maine Organic Therapy recommends. patients use vaporizers or edible forms of medicinal cannabis whenever possible.

Vaporizing: A vaporizer is a device that is able to extract the therapeutic Ingredients in the cannabis plant material, called cannabinoids, at a much lower temperature than required for burning. This allows patients to inhale the active ingredients as a vapor instead of smoke, and spares them the irritating and harmful effects of smoking. Those patients who are used to "smoking" marijuana may not feel like they are "getting anything" at first because it does not "bum" the throat. It is advised to use caution and wait a few minutes to feel the full effects. Many patients say that half as much herbal medicin~ will provide twice the effect when vaporized.

When you're using a vaporizer you are heating the cannabis to the temperature needed for the plant to release its essential oils-and no further. Plants release their active ingredients at a variety of temperatures: the optimum temperature is 1BOC to 200C. Getting the Best from your Vaporizer 1. Don't grind your herb too finely 2. Spread your ground herb evenly in the vaporizer chamber. 3. Don't be impatien'.. Allow 3-5 minutes for the vapor to form. 4. If your vaporizer doesn't have an automatic switch-off mechanism, remember to tum it off when you 're done. 5. Inhaling vapor feels very different to inhaling smoke- you'll likely think you haven't had enough and take too much on the first couple of occasions. Vaporizing is much more efficient than smo/:ing-so in the !ong-term you wilt use Jess herb for a greater effect. 2. O.pen

About O.pen The 0.pen battery and disposable cartridges worked together to provide patients a discreet, portable vaporizer. Maine Organic Therapy uses its cannabis to produce this product. Patients can expect similar quality and medicinal benefits they achieve using our cannabis flowers or our cannabis infused edibles. Frequently Asked Questions What's inside the O.pen disposable cartridge?

~# C02 Extracted Cannabis Oil-Maine Organic Therapy extracts the oil from its cannabis under high pressure using C02. The oil is refined to remove most of the fats , waxes, and residual plant matter. .:- Polyethylene Glycol-"PEG" is a liquid that we use to make the cannabis oil Jess viscous, allowing them to vaporize more readily. It is FDA approved and used ln many pharrnaceut/cal applications. including Infant inhalers and common over the counter medications.

How do I USEI it? ff• Simply attach the cartridge to a fully-charged battery and It is ready to use. The battery is designed to allow for an approximately 8 second inhalation. Each fu/18 second inhalation will deliver approximately 2 mg of cannabis. Can J refill my cartridge? ~· No. the cartridges are disposable and should be thrown away once they are empty. How do I know when my battery is charged? ,..., The battery is sold panial/y charged. For optimal performance, charge the battery fully before use (and allow 3-4 hours for the first 3 charges). Charging typlcally takes 2 hours. The indicator light on the USB charger will tum from red to green when the battery is fully charged. How should I store my cartridges? I .:.. Never expose your cartridges to extreme cold or heat as this could cause the oil to leak. If you choose to store your cartridges separate from your battery (which we recommend for child safety), please replace the rubber sleeve on the bottom of the cartridge to prevent leakage, and keep upright. 3. Edibles

Cannabis can be infused into butter or oil that is then cooked in food. Edibles, as they are typically called, usually fake longer to take effect than smoking or vaporizing, often 45 minutes to an hour or more. Doses can be difficult to judge, so it is recommended to eat only small portions of edible medical cannabis at a time, and wait at least an hour to assess its effects so you do not over-medicate. Edible herbal medicine will kick in significantly faster if eaten on an empty stomach. In general, the therapeutic effects from eating cannabis last much longer than other consumption methods, often up to four hours or more, and then slowly begin to wear off. Many patients report that this method provides more of a relaxing body effect than the cerebral high that is often accompanied with vaporizing and smoking.

4. Top/ca/

Topical herbal medicines are applied directly to the skin or muscles ~n form of a salve or balm. Maine Organic Therapy patients report thgy are tremendously effective for skin conditions like psoriasis, joint diseases like rheumatoid arthritis, migraines, restless leg syndrome, some spasms, and everyday muscle stress and soreness. However, unlike smoking, vaporizing or eating the medical cannabis, topica/s are completely non-psychoactive.

5. Tinctures Tincture is an infused product with a coconut oil base. It is used for patients who prefer not to smoke. The recommended dose varies for the medical condition, sensitivity, body chemistry and body weight. Dosage will vary between patients, due to Individual sensitivity. Typically, a 1oz will contain 15-30 doses. One dose usually last 2-4 hours and initial effects will be felt after 20-45 minutes. Finding the correct dose is called titration. Each person will have to experiment a bit to discover what dose works best for them. It is best to start off cautiously, taking about 112 of the anticipated dose. If you do not feel n;uch, 'Jr any effect of the medication, Increase the dose slightly the next scheduled time to take the medication. Keep increasing the dose over one week, keeping notes of the results. When you get to the dose that feels too much, then lighten the dose a little bit. The tingture comes in bottles with an eye dropper dispr:Jnser, facilitating accurate measurement of the dosage. 112-3 droppers full ls usually one dose. Standard dosing suggestion (for adults) Is one dropper full, three times a day. CALL FROM PARKING LOT! 667-0510

Bud Pricing

1 Gram- $5.28 7 Grams- $36.93 28 Grams- $147.70

3 Grams- $15.83 14 Grams- $73.85 1 Gram Prerolls- $7.39

Moon rocks- $35 Kief- $15/Gram (BOGO)

Sativa

Headband Lucky Charms

Harlequin (High CBD)

Mandarin Cookies

lndica

Dakini Kush

Citral Glue

LIMITED SUPPLY STRAIN ($10/GR '\M): GG4 & INDICA PRINCESS (NEW!!)

JUNE SALE: 1 OZ. OF GG4 OR INDICA PRINCESS: $206.78

Concentrates

UKU Premium C02 Oil syringe GG4 - 0 .5Gram $31.65 Cartridges

UKU 500mg- $31.65 lndica: Skywalker OG; Purple Punch

Sativa: Du rban Poison; Green Crack

Hybrid: Gorilla Glue

UKU Disposable 500mg - $31.65

Sativa: Strawberry Cough & Unflavored

Hybrid: Apple Jack lndica: Watermelon OG

Batteries

UKU Battery $7.39

Edibles lOmg Capsules $10 25mg Capsules $20

40mg Brownie $10 20mg Cookies $5 lOOmg Hard Candy $10 200mg Hard Candy $20

Canola Oil $45 .Sg Kief Honey Shooter $5

2g Kief Brownie $20 Kief Medi-Honey 4oz. jar $30

THC Gum mies 30pk Smg each $18

Other Products

Tinctures (Sativa, lndica, and CBD) $30

Sa lve $30

Mini Salve $2.50 ELLSWORTH POLICE DEPARTMENT 1 CITY HALL PLAZA ~4, ELLSWORTH, MAINE 04605 ELLSWORTH Tel. 207-667-2133 Fax 207-667-4916

Chief Glenn M. Moshier Captain Troy Bires [email protected] [email protected]

August 31 , 2020

Amy Davenport, Dispensary Manager Maine Organic Therapy 3 Myrick St. Suite B Ellsworth, ME 04605

Ms. Davenport,

I have received your employee list for 2020 and have spoken with you in the past regarding your security plan, protocols.

I have reviewed the calls for service within the last year and note that we responded to one forgery complaint along with one false alarm and one property damage crash at your business. There have been no security issues with your facility.

Considering all the information available, I recommend the approval of the relicensing of Maine Organic Therapy.

Respectfully, ~ ~-MiL- Glenn M. Moshier Chief of Police Ellsworth Police Department

Integrity Professionalism Community Service City Clerk I City Hall Plaza • Ellswo11h, ME 04605- I 942 Phone (207) 669-6604 • Fax (207) 667-4908 hgrind le!Wel lswonhma ine. uov [email protected]. \!ov mm on kili:e Il s \~ 011h mai ne.g ov

BUSINESS LICENSE APPLICATION

CUSTOMER #289 APPLICANT: PROVENDER MAILING ADDRESS: GOLDSTEIN DARON KEMPF JOY 18 RUSSIAN ROAD ELLSWORTH, ME 0460S MAP LOT: 13619SOOOOOO BUSINESS TELEPHONE: 207-699-6439 FAX NUMBER: EMAIL ADDRESS: [email protected] NAME OF BUSINESS (DBA): PROVENDER LOCATION OF BUSINESS: 112 MAIN STREET NUMBER OF EMPLOYEES: NATURE OF BUSINESS: CLASS C DESCRIPTION: FOOD ALCOHOL Public Hearing Notice Fee

PROPERTY O\VNER: ROSBOROUGH MARK N & MARY F S

BUSINESS OWNER: GOLDSTEIN DARON PHONE NUMBER: 207-664-1786

PARTNER: DARON GOLDSTEIN: 207-664- 1786

PARTNER: JOY KEMPF: 207-939-1 SSS

EMERGENCY CONTACT: MARC GOLDSTEIN: 781-308-4671

LICENSE EFFECTIVE FROM: EXP1RES: 09/30/2021 LICENSE TYPES I APPROVED BY:

Class A Establishment Designated as an establishment requiring a combination of any FOUR city licences. (amusement, lodging, liquor, victualer's) tF~~ CODE ENFORCEMENTlHEALTH OFFICER $100.00 Class B Establishment DATE: h -( 7 - -,-0 ?-0 Designated as an establishment requiring a combination of any THREE city licences. (amusement, lodging, liquor, victualer' s) $85.00 lilss C Establishment Designated as an establishment requiring a DATE: 6"--/~- ?eJ'C{) combination of any TWO city licences. (amusement, lodging, liquor, victualer's) 6s.oo -r !ifo :::. NS' Victualer's Provider of food of any sort for public conswnption either on or off premises for a P~EPm~ fee. DATE: h/ I? /'Jo $35.00 Mobile Vending Units I hereby certify that all taxes and fees due the City of Ellsworth Operation of any vehicle including a lunch have/have not been paid in full. wagon, a fixed mobile vending unit or reaming unit which is used for the sale of any prepared food. $45.00 -il.~i--~ 'S~ Lt \-zo1J:i Amusement CITY TRE Rf TAX COLLECTOR Live music, dancing, entertairunent, exhibition, performance, shows, diversions. $35.00 REMARKS: Lodging house - New - Renewal Place providing sleeping accommodations with or without meals and charges a fee including but not limited to boarding houses, hotels, inns and motels. $30.00 + $2.00/room Liquor Alcoholic beverages. All liquors but not APPROVAL CRITERIA limited to wine, beer e r Epi.rits, on and off City officials, (Code enforcement officer, Fire Chief & Police Chief) premises consumption. $35.00 shall cause inspections to be made and a written report forwarded to Arcade the licensing authority that the premises are in compliance with the Building or area containing pinball, video folJowing" games, bagatelle games, pool and billiards. A. Current zoning ordinance 12 devises or less $20.00 B. Current 10 I life safety code Over 12 I $35.00 C. Current fire prevention codes and ordinances Special Amusement D. Current electrical code Live music, dancing, entertainment, E. Current building code exhibition, and performances, shows and F. Current plumbing and subsurface waste water disposal rtiles diversions that include the offering of G. Current sewer/storm water ordinanee alcoholic beverages. In its consideration to approve or deny said' request, the city council $35.00 shall determine that the applicant has: A) Obtained approval from appropriate city officials; B) Paid all arrearages of compliance with any requirements for obtaining the license or permit pursuant to this or any other ordinance and any state or federal law. STATE OF MAINE DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES BUREAU OF ALCOHOLIC BEVERAGES AND LOTTERY OPERATIONS DIVISION OF LIQUOR LICENSING AND ENFORCEMENT

Division Use Only License No: Application for an On-Premises License Class: By: Deposit Date:

All Questions Must Be Answered Completely. Please print legibly. Amt. Deposited: . Payment Type:

OK with SOS: Yes D NoD Section I: Licensee/Applicant(s) Information; Type of License and Status

Legal Business Entity Applicant Name (corporation, LLC): Business Name (D/B/A):

Individual or Sole Proprietor Applicant Name(s): Physical Location:

Mailing address, if different:

Mailing address, if different from DBA address: Email Address:

Telephone # Fax #:

Federal Tax Identification Number: Maine Seller Certificate # or Sales Tax #: -d-11~ Retail Beverage Alcohol Dealers Permit: Website address:

1. New license or renewal of existing license? D New Expected Start date: ______

Renewal Expiration Date: _ .,._/-=v'""""'/l'-2.....'.&~U2~ _ I

2. The dollar amount of gross income for the licensure period that will end on the expiration date above:

Food: Q'OD Beer, Wine or Spirits: o[J::l Guest Rooms: lf" l/00 1 <1/f("'Z(J i ~

3. Please indicate the type of alcoholic beverage to be sold: (check all that apply)

~Malt Liquor (beer) 'ffi Wine &/ Spirits

On Premise Application, Rev. 3/2020 Page I of 11 Section III: For use by Municipal Officers and County Commissioners only

The undersigned hereby certifies that we have complied with the process outlined in 28-A M.R.S. §653 and approve this on-premises liquor license application.

Who is approving this application? 0 Municipal Officers of ______

0 County Commissioners of ______County

Sie:nature of Officials Printed Name and Title .

This Application will Expire 60 Days from the date of Municipal or County Approval unless submitted to the Bureau

Included below is the section of Maine' s liquor laws regarding the approval process by the municipalities or the county commissioners. This is provided as a courtesy only and may not reflect the law in effect at the time of application. Please see http://www.mainelegislature.org/legis/statutes/28-A/title28-Asec653.html

§653. Hearings; bureau review; appeal

1. Hearings. The municipal officers or, in the case ofunincorporated places, the county commissioners ofthe county in which the unincorporated place is located, may hold a public hearing for the consideration of applications for new on premises licenses and applications for transfer of location ofexisting on-premises licenses. The municipal officers or county commissioners may hold a public hearing for the consideration of requests for renewal of licenses, except that when an applicant has held a license for the prior 5 years and a complaint has not been filed against the applicant within that time, the applicant may request a waiver ofthe hearing.

A. The bureau shall prepare and supply application forms.

On Premise Application, Rev. 3/2020 Page 6of11 City Clerk ~a, 1 City Hall Plaza • Ellsworth, ME 04605-1942 EllSWOR_TH Phone (207) 669-6604 • Fax (207) 667-4908 Business, Leisure, Life. [email protected], thowes@el Isworthmai ne.go\: kherri ck@el Isworthmai ne.gov

BUSINESS LICENSE APPLICATION

CUSTOMER ~ t/JO LJ-.. c. APPLICANT: Acw0- 6;JJJ\ivq la.us MAILING ADDRESS: ;;)5 G ~rd L CAN.. Su)k Lr MAP LOT: I 'd l1 ()\ ooo O HOME TELEPHONE: 0.6I - v toCf - d-'DC,~ BUSINESS TELEPHONE: Slt>I - ~~ -°I 5)()8 FAX NUMBER: \ (__(:jY) EMAIL ADDRESS: Q().ct\Ov~ ~s\'{'2 \ , 1 NAME OF BUSINESS (DBA): U f>sr\\o.\Q\a 's LOCATIONOFBUSINESS: Q}S G-o.-~rJ, ~ NUMBER OF EMPLOYEES :~ 3 NATURE OF BUSINESS: C, \0-S~ 0

PROPERTY OWNER: ~~< f)Q\~-\- W PHONENUMBER: ADDRESS:

BUSINESS OWNER: PHONE NUMBER: ADDRESS:

BUSINESS PARTNER: PHONE NUMBER: ADDRESS: MANAGER ~\.12__ \'Y\,u{\u-u..:J ADDRESS: . / 0<\dLOM bu- rY\.l \ \ ~~ · ('r&f\'(.\1 () I f\\_.t C,L{(o3L-\ EMERGENCY CONTACTS : PHONE NUMBER: ()§1/ -S"Ll (o - i \II ADDRESS: -\y \'y-\\J( \()W . r.. , ('(\ cl,l.O('(\0--r ('(\I \ \ t-t) Designated as an establishment requiring a combination of any THREE city Hcences. (amusemen~ lodgin~, Jiquor, victualer's) ~- J8Q f tt f.U ::: /

Division Use Only License No: Application for an On-Premises License Class: By: Deposit Date: All Questions Must Be Answered Completely. Please print legibly. Amt. Deposited: Payment Type: OK with SOS : Yes Jef No 0 Section I: Licensee/Applicant(s) Information; I '\. Type of License and Status

Legal Business Entity Applicant Name (corporation, LLC): BllSMess N.ante{IJ/81A): f\C..$0-l~ ~\\'<'--~ Lo.~ LLC. \)'Arn~als Individual or Sole Proprietor Applicant Name(s): Phys~ Location: d'S ~~ LC\nst. ~~d. \\r\U, \oL\..J $...:J\ 'itt...'. u c:: \\-&u:x:><~ ~~ · ~ws Individual or Sole Proprietor Applicant Name(s): Mailing address, if different:

Mailing address, if different from DBA address: Email Address: , dc\n"'D.noei.~ ~ @.P_fn~\ \,ecm Telephone # Fax #: Business Telephone# Fax#: do•- \Jio~ - a ?f.(~ d()l- ~lo,_~ Federal Tax Identification Number: Maine Seller Certificate# or Sales Tax#: 8'?J -- \ ·~e?.EJ.--\ Retail Beverage Alcohol Dealers Permit: Website address:

I. New license or renewal of existing license? New Expected Start date: 8 - I S - aOOO

0 Renewal Expiration Date: ______

2. The dollar amount of gross income for the licensure period that will end on the expiration date above:

Food: Beer, Wine or Spirits: Guest Rooms: NJA I

3. Please indicate the type of alcoholic beverage to be sold: (check all that apply) RECEtVEo ~alt Liquor (beer) ~ Wine 0 Spirits AlJG 2 4 2020 Liquor L. · ,,..... €nfa teen sing· rcement

On Premise Application, Rev. 3/2020 Page 1 of 11 Section Ill: For use by Municipal Officers and County Commissioners only

The undersigned hereby certifies that we have complied with the process outlined in 28-A M.R. S. §653 and approve this on-premises liquor license application.

Who is approving this application? D Municipal Officers of ______

D County Commissioners of ______County

D Please Note: The Municipal Officers or County Commissioners must confirm that the records of Local Option Votes have been verified that allows this type of establishment to be licensed by the Bureau for the type of alcohol to be sold for the appropriate days of the week. Please check this box to indicate this verification was completed.

Si2nature of Officials Printed Name and Title

This Application will Expire 60 Days from the date of Municipal or County Approval unless submitted to the Bureau

Included below is the section of Maine,s liquor laws regarding the approval process by the municipalities or the county commissioners. This is provided as a courtesy only and may not reflect the law in effect at the time of application. Please see http://www.mainelegislature.org/legis/statutes/28-A/title28-Asec653.html

§653. Hearings; bureau review; appeal

1. Hearing& The municipal officers or, in the case ofunincorporated places, the county commissioners ofthe county in which the tmincorporated place is located, may hold a public hearing for the consideration of applications for new on premises licenses and applications for transfer oflocation ofexisting on-premises licenses. The municipal officers or county commissioners may hold a public hearing for the consideration of requests for renewal of licenses, except that when an applicant has held a license for the prior 5 years and a complaint has not been filed agaiJ}it the applicant within that time, the applicant may request a waiver ofthe hearing. 'I~C

A. The bureau shall prepare and supply application forms. 4~ ~/~ t.1 . <' ~ ~() ~ il.lo,.. t. . ?~/> '>I(, 'cGI) C/ ,.cf!!,,, .S1°" fllt,t .9 On Premise Application, Rev. 3/2020 Page 6of11 A.I A 5-l::JM --=IP I

Date: September 1, 2020 To: City Council From: Toni Dyer, HR Manager RE: Chapter 34 updates

As I review the Personnel Ordinance, Chapter 34, there are many items that need to be revised. However, there are 2 items that I believe are a higher priority than a full revision at this time.

One of those items is found in Chapter 5 (page 12) regarding sick leave accumulated prior to the implantation of the current cafeteria plan. Item 6 explains that upon separation from City employment, this grandfathered time will be paid out by cash for 50% of the remaining time. I would like to amend this to include contribution to a City approved retirement plan, or RHS as eligible ways to receive the sick leave payout. This is in line with the Union agreements.

The second item I would like to address is Chapter XI. Attorney Hamer has requested we repeal this entire chapter and the 3 side letters. This chapter was adopted at the end of the former AFSCME union contract for the purpose of having the provisions while a new collective bargaining agreement was drafted. With the new CBA, this section is no longer applicable.

I am requesting that you officially amend Chapter 5. Section 6 and repeal Chapter XI and ·~n, ToniDyer ~ HR and Payroll Specialist

PROPOSED MOTION: To amend upon approval the Chapter 34 Personnel Ordinance chapter 5 section 6 to read 'At the time of separation from service employees that are immediately eligible for benefits under the Maine State Retirement System or other City adopted qualified Retirement Plan, shall receive a payment equal to the wage equivalent of 50% of their remaining sick leave accumulation in cash, contribution to a qualified City retirement plan, or City RHS account' . And to repeal Chapter XI with 3 side letters as requested by the City HR department under advisement of the City attorney. CHAPTER34 PERSONNEL ORDINANCE CITY OF ELLSWORTH, MAINE

A true copy -

Attest: Heidi-Noel Grindle City Clerk

CITYW.U..

Adopted 0412011998 Amended 0910812003 Repealed 0712112008 New Ordinance Adopted 0712112008 Effective 0812212008 Amended 0911512008 Amended 0311612009 Amended 0811712009 Amended 0612012011 Amended 0812112017 Proposed amendments 0912112020 PURPOSE OF ORDINANCE

The City of Ellsworth Personnel Ordinance is hereby set forth to establish the current policies and procedures applicable to the City's employees. The Personnel Ordinance does not constitute an employment contract between the City and any employee.

These rules set forth the principles and procedures which will give reasonable assurance to the City of Ellsworth and its employees that personnel matters will be dealt with on an equitable basis and that the citizens of the City of Ellsworth may derive the benefits and advantages which can be expected to result from a competent staff of city employees.

These rules apply to all employees unless otherwise noted. Volunteers shall be subject to only those provisions that are specifically stated to include them, if any.

CHAPTER I - Employment Philosophy

I . Employment in the City government shall be based on merit and free of personal political consideration.

2. Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the municipal government.

3. Positions having similar duties and responsibilities shall be classified and compensated for on a uniform scale.

4. Efforts shall be made to maintain morale by fair administration of this ordinance and by consideration of the rights and interests of the employees, consistent with the best interests of the public and the City.

5. Continuity of employment shall be subject to satisfactory performance of work, availability of funds and appropriate employee conduct.

6. Management Rights: The City retains the right to determine working hours, salaries, size of its employment force and the formulation of ordinance related to personnel matters. In the case of any unionized department, the City retains these rights through the negotiation of a contract with the union.

CHAPTER Il - Selection

Section 1. Recruitment

The City of Ellsworth shall employ the best-qualified persons who are available at the salary levels established for City employment. The City hiring authority, with the cooperation of department heads, shall seek out the most desirable employees for vacant positions. Except as provided in Section 2 below, within the limits of time during which a position must be filled, there shall be as wide a search for qualified candidates as is practicable.

The character of an employment search will vary from position to position, but may include, but not limited to; advertising, departmental notices, open competitive examination, and contact with State and other employment offices.

Section 2. Preference

First preference in filling any vacancy shall be given to the promotion or transfer of present employees having the qualifications for the vacant position. It is recognized, however, that in order to meet specific requirements for a position, it may be necessary to hire a non-employee to fill the vacancy. Such a

2 decision, however, shall only be made after a careful review of the qualifications and/or training requirements of present City employees who apply for the position. In cases where residents of The City of Ellsworth and non-residents are equally qualified for particular vacant positions, residents shall receive first consideration in filling such vacancies.

Section 3. Applications

The employment application form shall be as established by the City Manager, in accordance with all applicable municipal, state and federal laws. Such forms must be signed by the applicant and may require whatever information is deemed necessary by the Manager for the evaluation of all applicants. The City of Ellsworth relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any willful misrepresentations, falsifications, or material omissions in any of this information or data may result in exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment

Section 4. Interviews

The hiring authority or his designee may request a personal interview with one or more applicants for any position to assist in the determination of the best candidate for employment.

Section 5. Recommendations

When the hiring authority has designated another person(s) to evaluate applications and/or conduct interviews, that designee (s) shall submit in writing a list of names of qualified candidates with a brief evaluation report of each and a recommendation for appointment to the vacant position. In all cases, the hiring authority shall have the final decision.

Section 6. Equal Employment Opportunity

The City of Ellsworth provides equal employment opportunity to all applicants and employees. This policy applies to all employment-related decisions, including recruiting, hiring, assigning, supervising, training, upgrading, transfer, compensation, benefits, discipline, discharge, promotion, and education.

The City of Ellsworth shall not discriminate in employment opportunities or practices against any individual with regard to race, color, ancestry, national origin, religion, political affiliation, sex, marital status, age, sexual orientation, physical or mental disability, or any other status protected by law.

The City of Ellsworth will make reasonable accommodations for applicants and qualified individuals with known disabilities unless doing so would result in an undue hardship.

Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor, Department Head or the City Manager. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment.

Section 7. Hiring of Relatives

It is the City's practice to hire and promote on the basis of an individual's merit, knowledge, skills and abilities. The employment of relatives in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. For that reason, except as may be authorized in certain circumstances by the City Manager, such as, circumstances requiring emergency temporary staffing, employment of relatives within the same department or division where one relative would hire,

3 supervise, discipline, conduct perfonnance reviews or set any other conditions of employment for another relative is prohibited. These restrictions are also applicable when assigning, transferring or promoting an employee.

For the purposes of this ordinance, relative includes the following: any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage such as domestic partners, adopted children, and foster children.

Employees who marry or establish a close personal relationship during employment can continue in their current positions as long as an employment relationship with one relative supervising the other and/or establishing the conditions of employment is not created through marriage, reorganization, or other circumstance. Employees who become subject to the provisions of this ordinance must infonn their supervisor or Department Head as soon as practical. If such a supervisory relationship does occur between relatives, one of the employees will either be required to transfer to another open position for which that person is qualified or one of the employees will be required to resign his/her employment with the City within a period of no more than 30 days from the date on which the situation arose. If neither employee is willing to resign, the City has the right to terminate either employee at its discretion.

In other cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, the parties may be separated by reassignment or terminated from employment.

This section shall not apply to 1the Paid On Call Volunteer Firefighter, Seasonal, and Temporary Employees.

CHAPTER ill - General Rules

Section I . Responsibility

The City Manager or his/her designee shall have the responsibility for administration of the personnel program consistent with the Personnel Ordinance.

Section 2. Hiring Authority

Oversight of individual employees shall be the responsibility of the hiring authority as provided in the Ellsworth City Charter. The hiring authority is that person(s) specifically authorized by the City Charter to hire or appoint the employee.

Section 3. Status

It is the intent of City of Ellsworth to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time.

Personnel status is the category of employment into which an employee falls based upon the method of hire and/or the nature of tenure. The following are the categories of personnel status and their definitions:

Regular Employee:

Has satisfactorily completed the probationary period (only full-time and part-time employees may attain regular status).

1 Amended August 17, 2009

4 Probationary Employee:

Hired for an initial/promotional/transferal trial period of six months which may be extended to a maximum of twelve ( 12) months upon request of the immediate supervisor and/or the decision of the City Manager. During the probationary period the employee may be removed or demoted at any time with or without cause. Such removals or demotions shall not be subject to review or appeal.

Full-time Employee:

Hired to a position requiring regularly scheduled employment for at least thirty-five (35) hours per week.

Part-time Employee:

a. Regular Part Time Employee:

Hired to a position requiring regularly scheduled employment for periods of less than thirty-five (35) hours per week.

b. Intermittent Employee:

Hired to a position, which calls for non-scheduled irregular hours of employment. (Example: reserve police officer)

c. On-Call Intermittent:

Hired to a position, which may be scheduled regularly or irregularly, but calls for intermittent work as needed and is compensated only on a per call basis. (Example: call fire fighter)

d. Seasonal Employee:

Hired to a position established for less than full-year periods and which is expected to be of a regularly recurring nature.

e. Temporary Employee:

Hired for work not to exceed one hundred and eighty (180) 2consecutive calendar days or for a particular project with a specified duration of time.

f. Interim Employee:

Hired to a position at the administrative level for the period of time necessary to recruit and appoint a person to fill the vacant position or in the temporary absence of the employee regularly holding the position if the absence is of thirty (30) consecutive calendar days duration or longer.

Any regular full time employee who receives a promotion or a transfer shall be required to serve another probationary period.

2 Amended March 16, 2009

5 Section 4. Classification

To aid in the determination of applicability of the state and federal wage and hour laws each position and/or title within the City government shall be categorized as either exempt or non-exempt. Such classification governs applicability of overtime provisions to the position. It will be the responsibility of the City Manager, in conjunction with the preparation of the position descriptions, to determine exempt or non-exempt status.

Section 5. Position Descriptions

Job specifications for each position in the City employment shall be developed by the hiring authority and shall be periodically updated. These job descriptions shall set forth the following information:

- Job title - Classification - Qualifications - Expected hours - Responsible to and evaluated by - Responsibilities - Duties

Section 6. Evaluation

An evaluation for purposes of this ordinance is the examination and review ofjob performance for purposes of determining continuation of employment, promotion, demotion or salary adjustment.

All employees shall be evaluated annually no matter what the status. Employees shall be evaluated at the completion of the initial probationary period and once each year thereafter.

A written evaluation shall be prepared by the immediate supervisor in a manner, which the department head shall prescribe. Evaluations shall be conducted by the immediate supervisor in a manner which the supervisor shall prescribe.

Employees shall be afforded the opportunity to review and discuss their written evaluation with their immediate supervisor and shall sign their evaluation as proof of discussion and understanding although they may not necessarily agree with the evaluation. An employee may prepare a written response to any item included in the evaluation. This response shall be submitted to the evaluator and attached to and become part of the evaluation. A copy of the complete evaluation will be provided for the employee and placed in his/her personnel file.

Section 7. Personnel Files

Personnel files are maintained by the City of Ellsworth. In so far as permitted and/or required by law, all personnel records shall be confidential.

During regular business hours an employee may inspect his/her personnel file. Requests to inspect a personnel file shall be made to the City Manager, or his designee. No personnel file shall be removed from the Finance Office. An employee may receive a copy of any document contained within their personnel file upon request.

Section 8.

New Hire Training Requirements: all newly-hired employees shall meet with the Safety Coordinator to schedule their mandatory training required as a new employee as soon as practicable.10

6 CHAPTER IV - Compensation

Section 1. Salaries & Wages - General

It is the objective of the City of Ellsworth to pay employees on a basis conunensurate with salaries and wages for municipalities of the same approximate size and for comparable private work in the area and that will attract and retain weJl-qualified and responsible employees. Classification of a position and specific duties and responsibilities of a position as set forth in job descriptions shall be major factors in determining the rate of compensation. A Wage and Salary Schedule shall be prepared and reviewed annually. New employees will usually be hired at the minimum rate for the position as specified in The Wage and Salary Schedule except that in circumstances where qualifications and training indicate, a higher starting rate may be authorized.

In the case of two or more positions and/or titles being held by one employee, the rate of compensation shall be determined by the job requirements of the combination of positions and not by the number of positions. In the event of reorganization or reassignment of duties causing the combination of positions to change, the rate of compensation may be adjusted if necessary or appropriate. In the event of transfers, the current rate as specified in the Wage and Salary Schedule for the new position shall apply unless a higher starting rate is indicated and authorized.

Section 2. Overtime

A non-exempt employee shall be compensated at an hourly wage rate and shall be paid at one and one half (l Yi) times their regular hourly rate for all hours worked over forty ( 40) hours within the regular workweek. Paid holidays, paid leave, and bereavement leave shall not be considered as time worked for the purpose of computing overtime or compensatory time. Law enforcement officers and fire fighters have different workweeks and have provisions for computing overtime eligibility under the Fair Labor Standards Act. Overtime must be authorized in advance by the employee's supervisor. Employees whose positions are classified as exempt are not eligible to receive overtime pay.

Section 3. Compensatory Time

A non-exempt regular full time employee may be compensated with one (1) hour of compensatory time for each hour worked in excess of their regularly scheduled workweek up to forty (40) hours and one and one-half hour (1 Yi) for work in excess of forty hours per week. Such work shall require the prior approval of the City Manager or designee. Such compensatory time shall be recorded and may be taken at the time of the employee's choice provided it does not interfere with the operational needs of the department or office and has been approved by the City Manager or designee. No employee shall be allowed to accumulate more than one (l) weeks normally scheduled hours of compensatory time3; beyond that, any overtime will be compensated at time and Yi rates pursuant to the overtime policy. Upon separation of employment the employee will be compensated for any earned and unused compensatory time.

Section 4. Salary Increases

All employees may be eligible for a merit increase and/or a market adjustment if deserving every 3 years from their anniversary date. The merit increase amount if eligible will be between 0 and 5%, at the discretion of the Department Head, and approval of the City Manager for non-exempt employees, and at the discretion of the City Manager and approval of the Council for exempt employees and or Department

3 Amended 9/15/2008 10 Amended June 20, 2011

7 Heads. Any merit increases for the City Manager will be at the discretion of the Council. Also every 3'd year from the anniversary date the position in question will be studied to see if a market adjustment is required. No employee shall receive more than I merit raise within a 3 year period, except during the implementation of this policy. All merit and/or market adjustments are dependent on the financial status of the City.

Section 5. Expense Reimbursement

I. Mileageffolls/Parking - City-owned or rental vehicles provided by the City will be made available to employees needing to travel on City business. Employees provided the use of a city-owned vehicle or a vehicle rented to the City will not receive mileage allowances. In the event a rental vehicle is available to an employee but the employee chooses instead to utilize his/her personal vehicle, mileage reimbursement will be permitted only up to an amount equal to the cost to the City of the rental vehicle. In the event no rental vehicle is available and an employee uses his/her personal vehicle, the employee will be reimbursed for mileage based on the actual mileage necessary. The reimbursement amount is not to exceed the maximum reimbursement allowed under the IRS regulations, and will be reviewed annually during the budget process. Use of an employee' s personal vehicle must be previously authorized by the hiring authority or designee. Tolls and parking fees shall be reimbursed upon submittal of a receipt.

2. Meals/Lodging - Employees shall be entitled to reimbursement for meals in a reasonable amount and reasonable expenses for lodging provided those expenses are necessitated directly by the performance of duties as a City employee. Reimbursement applies only to the City employee. The maximum reimbursement for breakfast is $10.00; the maximum reimbursement for lunch is $15.00; and the maximum reimbursement for dinner is $20.00. No reimbursements will be made without an itemized receipt demonstrating the actual amount spent. No expenses for alcoholic beverages will be reimbursed. All reimbursement requests must receive approval from the employee's supervisor.

3. Telephone - Reimbursement for telephone toll charges incurred in the conduct of City business as long as such toll calls were not able to have been made during the regular work day and/or on regular business telephones, shall be made to any employee. Such reimbursements shall be only as authorized by the employee's supervisor.

5. Training - The City Council believes that both the City and its employees benefit from training and educational opportunities.

Employees required or approved to attend seminars or training courses may be eligible for expenses incurred for same. Should such training occur during normal working hours, the employee may also be eligible for regular salary or wages for the duration of the training. Eligibility for such training expenses shall be determined by the individual's department head.

Following completion of any seminar or training course, the employee must submit proof of expenses accompanied by approval of the department head in order that payment may be effected.

An employee may receive an "advance" of expenses provided departmental approval is received and application for same is made to the City Manager or his/her designee. Any unused portion of the advance and all coinciding receipts must be turned into the Treasurer's Office within one week after the training session or seminar.

Upon recommendation of the department head and approval of the hiring authority, employees may take college level work-related courses or may pursue specialized training relevant to the employee's position with the City. The City will reimburse up to I 00% of the cost of tuition, fees, books, and materials. Reimbursement will be made upon successful completion of the course and/or training and maintenance

8 of at least a "C" grade. Prior approval of the hiring authority is required to take courses/training during the regular workday.

Payment by the City for such courses/training is considered to be a Joan to the employee. The employee will be required to sign a loan agreement for the amount of the loan. An employee voluntarily terminating employment with the City will be required to reimburse the City for college course/training expenses previously paid to them as follows:

Within one year of course/training completion 100% After one year but before two years 75% After two years but before three years 50% After three years but before four years 25%

CHAPTER V - Employee Benefits

Eligible employees at the City of Ellsworth are provided a wide range of benefits. A number of the programs (such as Social Security, workers' compensation, and unemployment insurance) cover all employees in the manner prescribed by law.

Benefits eligibility is dependent upon a variety of factors, including employee classification. Your supervisor can identify the programs for which you are eligible.

Part l . Cafeteria Plan

The purpose of the cafeteria plan for employee benefits is to provide City employees with the opportunity to select the benefit package that best meets their needs. Section 1 . Cafeteria Plan Regulations

l. Each employee has a certain number of credits based on the years of full time employment with the City of Ellsworth. Credit levels will increase as of the employee's service date.

2. On the employee's annual date of full time service with the City (anniversary date) each employee shall select the desired level of employee benefits applicable to their needs with their credits. This selection may not be changed during the ensuing year except for significant life changes such as births, deaths, marital situations, or spousal employment situations. Unused credits are not carried forward from year to year.

3. The following benefits are provided by the City and are not subject to the Cafeteria Plan: holidays, bereavement leave, jury duty, and military duty. Workers' Compensation, unpaid leaves of absence and family and medical leave in accordance with the Family and Medical Leave Policy are also outside the Cafeteria Plan. However leaves taken under these policies may impact Cafeteria Plan benefits. See the appropriate policy for details.

4. Department Heads that are new hires previously employed by an entity other than the City of Ellsworth shall be assigned credit levels as delineated in section 2.

5. Regular part time employees who are assigned a regular schedule of at least twenty (20) hours per week shall be eligible for pro-rated credits based on their regular weekly hours of work divided by forty. Temporary, seasonal, and intermittent employees shall be ineligible for credits. Employees going from part time to full time shall accrue credits based on their full time employment anniversary date.

9 6. Partial credits may be used to purchase additional Medical Services Reimbursement, 4up to the maximum amount available; for example: .25 credits left, employee can purchase $25 of medical services account.

7. Any employee who wishes to discontinue an allowable benefit may do so at any time upon written request to the Deputy Treasurer. Any credits expended to secure the discontinued benefit will not be refunded. The credits may not be reallocated until the employee's anniversary date.5

Section 2. Credit Accruals

Years of Service Non-Dept. Heads Dept. Heads

Start 8 Credits 15 Credits After 6 Months 11 Credits After l Year 13 Credits 16 Credits After 3 Years 15 Credits After 5 Years 17 Credits 17 Credits After 10 Years 19 Credits 19 Credits After 15 Years 21 Credits 21 Credits After 20 Years 22 Credits 22 Credits After 25 Years 23 Credits 23 Credits After 30 Years 24 Credits 24 Credits After 35 Years 25 Credits 25 Credits

Section 3. Health Insurance

Level 1 -POS Plan-Individual 100% 6 Credits Family Plan 0%

Level 2 -Employee & Children 100% 8 Credits Family Plan 50%

Level 3 - Family Plan 100% 11 Credits

Explanation of Benefits and Benefit Limitations:

I . Level 2 - Family Plan 50% means the City will pay 50% of the difference in cost between the Individual Plan and the Family Plan.

2. Family Plan is for legally married spouses or domestic partners as defined by the insurance policy.

Section 4. Medical Services Account

Level 1 $200 City Contribution 1 Credit Level 2 $300 City Contribution 2 Credits Level3 $400 City Contribution 3 Credits Level4 $500 City Contribution 4 Credits Level 5 $600 City Contribution 5 Credits

4 Amended August 17, 2009 s Added March 16, 2009

10 Explanation of Benefits and Benefit Limitations:

I . The City contribution to the medical services account may be used to reimburse the employee for medical, dental, and optical service costs not covered by the City's health insurance plan. This would include reimbursement for deductibles and co-shares under health insurance plans, prescribed eyeglasses, dental/orthodontic treatments, services, and hardware, medical equipment prescribed by a physician, but not covered by health insurance. The account can also be used to pay for the employee's share of psychiatric, counseling or other mental health services.

2. The medical services account cannot be used to reimburse for travel or travel related medical expenses (hotels, mileage, meals, tolls, parking, airline tickets, etc.). The account can be used to reimburse for prescription drugs, but not for non-prescribed medical, dental, or optical equipment. The account cannot be used to pay the employee's share of health insurance premium.

3. The funds in the medical services account are not cumulative. The costs for which reimbursement is sought have to have been incurred prior to the employee's anniversary date. Any funds remaining shall revert to the City.

Section 5. Fitness Club Memberships

Level I $200 City Contribution I Credit Level2 $300 City Contribution 2 Credits Level3 $400 City Contribution 3 Credits

Section 6. Life Insurance

Level 1 - 1 X Salary .25 Credits Level 2 - 2 X Salary .50 Credits Level 3 - 3 X Salary .75 Credits

Explanation of Benefits and Benefit Limitations:

1. Employees enrolled in the City's health insurance program will automatically be covered by a life insurance policy equal to one time's salary.

Section 7. Income Protection Plan (short-term disability)

Level I - 40% of Salary/Wages .25 Credits Level 2 - 55% of Salary/Wages .50 Credits Level 3 - 70% of Salary/Wages .75 Credits

Section 8. Retirement - City Contribution to Maine State Retirement and Deferred Compensation Plan

ICMA

Level 1 - 2% of Salary/Wages I Credit Level 2 - 4% of Salary/Wages 2 Credits Level 3 - 6% of Salary/Wages and 3 Credits Level 4 - 8% of Salary/Wages and 4 Credits

MSR

Plan A 3 Credits Plan 4 4 Credits

11 Explanation of Benefits and Benefit Limitations:

1. Employees enrolled in Maine State Retirement Regular Plan A may use credits to participate in the deferred compensation plan up to Level 1.

2. Employees enrolled in the deferred compensation plan shall be required to match the city contribution.

3. Current employees who enroll in a retirement plan after 7/1/97 shall be required, at the time of enrollment in the Cafeteria Plan, to continue participation in the deferred compensation plan or MSR for at least three years, or lose the equivalent credits.

4. Employer contributions to the deferred compensation plan are vested to an employee after five years of uninterrupted service with the City.

Section 9. Paid Leave

Level - Basic 5 days 1 Credit (Starting Employees Only) Level I 10 days 2 Credits Level2 15 days 3 Credits Level3 20 days 4 Credits Leve14 25 days 5 Credits Level 5 30 days 6 Credits Level6 35 days 7 Credits

Explanation of Benefits and Benefit Limitations:

I. Paid leave is provided in lieu of sick leave, vacation, or personal days.

2. Paid leave is cumulative from year to year to a maximum of 60 days, not including any new paid leave days acquired on the employee's anniversary date.

3. City will pay compensation equal to cumulative paid leave upon separation.

4. Employees may select only Level Basic during their first six months of employment, however, the paid leave does not accrue unless and until the employee successfully completes the probationary period. 11 After six months of employment, an employee may move to Level 1, purchasing an additional 5 days

5. Employees may not increase Paid Leave more than two levels on their anniversary date. This shall not apply to employees who have a significant life change event as defined in subsection 3 in Section 1 Cafeteria Plan Regulations.

6. Sick Leave Accumulated prior to cafeteria plan implementation: The employee may keep the sick leave accumulation and use it strictly for their own personal illness or injury or if it is necessary for the employee to provide care for an employee's child, spouse, or parent. At the time of separation from service employees that are immediately eligible for benefits under the Maine State Retirement System or other City adopted qualified Retirement Plan, shall receive a eash eeeefit payment equal to the wage equivalent of 50% of their remaining sick leave accumulation in cash. contribution to a qualified City retirement plan, or City RHS account.

7. Use of paid leave. Paid time may be taken at any time during the year except that it must be scheduled in advance to avoid conflicts with other employees' paid time and subject to workload demands. The employee's Department Head must approve paid time off at least seven days prior to the anticipated time off. In emergency situations, the Department Head may waive the seven-day advance approval. Paid time may not be taken during the employee's probationary period.

12 8. Transfer of Accrued Leave. The purpose of this policy is to establish a procedure by which full-time employees may voluntarily transfer accrued unused paid time to other full-time employees who meet the criteria outlined in this policy and who have expended their own accrued paid time off due to catastrophic illness or injury or other qualifying drastic circumstances as determined by the City Manager, in accordance with the following procedures and limitations:

a. The request for such leave may be made by the employee seeking the leave or by any person on that employee' s behalf. The request must be made in writing to the Department Head for the receiving employee. If the request is submitted by someone other than the receiving employee, that employee' s consent must be given before the request will be processed.

11 Amended June 20, 2011

b. When the receiving employee has completed at least one year of employment with the City and has exhausted all of his/her own accrued leave time, other City employees may transfer to that person a maximum of 40 hours each, up to a total of 160 hours, in any 12 month period measured backward from the date the receiving employee uses the time.

c. Leave time must be donated in whole hour increments with a 10-hour minimum.

d. Leave time may be transferred only in the event of the receiving employee's own catastrophic illness or injury or a catastrophic illness or injury of an immediate family member. Immediate family member for purposes of this section is defined as spouse, parent, parent-in law, child, stepchild, or domestic partner. When requested, the receiving employee must provide medical or other sufficient documentation of the need for the leave.

e. This policy does not apply to employees out of work for work-related illness or injury covered by workers' compensation. 11 Amended June 20, 2011

f. Any transfer of paid time by the transferring employee must be completely voluntary. No employee shall be coerced, threatened, intimidated or financially induced into donating time under this policy. g. While an employee is on shared leave, he/she will continue to be classified as a City employee and shall receive the same compensation and benefits he/she would otherwise receive if using his/her own accrued time.

h. The Finance Department is responsible for computing the values of donated leave and for adjusting the accrued leave balances to show the transferred leave. The receiving employee shall be paid his/her regular rate of pay; therefore, one hour of shared leave may cover more or less than one hour of the receiving employee's salary. The dollar value of the leave is converted from the donor to the recipient. Records of all leave transferred will be maintained and the value of any leave transferred which remains unused will be returned at its original value to the employee or employees who donated the leave.

1. Inappropriate use of this policy may result in the cancellation of the donated leave or use of shared leave. In no event will any unused shared leave be paid to the receiving employee in the event that person leaves employment with the City.

J. The City of Ellsworth, in its sole discretion, may cancel this program at any time.

Part 2: Other Employee Benefits

13 Section 1. Worker's Compensation

The City of Ellsworth provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides incapacity benefits after a short waiting period or, if the employee is hospitalized, immediately. For a compensable injury resulting in lost time, payment of incapacity benefits is made by the City's insurance carrier in lieu of the employee's regular salary.

The City of Ellsworth may initially send an injured employee to a physician of the City's choice. The appointing authority may also require a return-to-work medical evaluation to determine if an employee who has been out of work is able to perform the essential functions of the employee's position with or without reasonable accommodation in such a manner that would not pose a direct threat to health and safety of the employee or others.

6If an employee is out of work due to incapacity resulting from an accepted Workers Compensation claim, while the employee is receiving Workers Compensation incapacity benefits the City will pay for any City benefits the employee was paying for at the time of injury. Also the City will continue to contribute to the employee's retirement plan at the usual match for the regularly scheduled work hours as long as the employee is unable to work due to an accepted Worker's Compensation injury and has not returned to work in any manner. The City will pay for these benefits for a period no longer than 6 months. This policy will be retroactive to any employee out on Worker's Compensation and receiving payments as of July 1, 2009. If for any reason other than incapacity due to the injury in question, the employee does not return to work, the employee agrees to reimburse the City the full amount of benefits paid by the City on the employee's behalf under this paragraph.

Employees who sustain work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible.

Section 2. Social Security

All employees shall contribute to the Social Security System on a cost sharing basis with the City. Contributions of the employee shall be made through payroll deductions. The percentage of premium is periodically subject to change by Federal law and increases in deductions shall be automatic.

Section 3. Holidays

Regular full-time and regular part-time employees shall be entitled to paid holidays' and the concurrent provisions of th.is section. Compensation for full-time employees shall be based on their regular workday. Compensation for regular part-time employees shall be pro-rated based on average hours. Paid holidays shall be as follows:

New Year's Day (January 1) Martin Luther King, Jr. Day (third Monday in January) Presidents' Day (third Monday in February) Memorial Day (last Monday in May) Independence Day (July 4)

6 Amended August 17, 2009

14 Labor Day (first Monday in September) Columbus Day (second Monday in October) Veterans' Day (November I 1) Thanksgiving (fourth Thursday in November) Day after Thanksgiving Christmas (December 25) Floating Holiday

The Floating Holiday is based on the calendar year and cannot be accumulated. An employee must provide one week notice to his/her Department Head of the intent to use a floating holiday and must receive permission from the Department Head to do so.

If an eligible hourly employee works on a recognized holiday at the request of the City, he or she will be paid holiday pay plus wages at one and one-half times their straight-time rate for the hours worked on the holiday.

In the case of the salaried employee who works on a regular holiday, compensatory time shall be granted equal to the time worked on the holiday.

Initial probationary employees shall not be entitled to paid holidays until after they have completed at least thirty (30) calendar days employment prior to the holiday.

A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday.

If a recognized holiday falls during an eligible employee's paid absence (such as paid leave), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied.

Paid time off for holidays will not be counted as hours worked for the purposes of determining whether overtime pay is owed.

Section 4. Court Service

The City of Ellsworth encourages employees to fulfill their civic responsibilities by serving jury duty when required.

Employees called to perform jury service shall be granted leave to do so and shall be paid their regular salary for a period of up to 160 hours. Such employees shall turn over any earnings received from such appearances (other than for mileage reimbursement) to the City Treasurer. Where contractual agreement has otherwise provided for court service compensation for certain employees, this provision shall not apply and shall not be deemed to be inconsistent with such contractual agreement.

Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to acconunodate their absence. Employees are expected to report for work whenever the court schedule permits.

The City of Ellsworth will continue to provide health insurance benefits for the full tenn of the jury duty absence. Employees will be eligible for paid holidays during jury duty leave.

Section 5. Bereavement Leave

15 Employees shall be granted up to three (3) consecutive workdays from the date of death, with pay, for absence resulting from the death of a member of the immediate family. Immediate family shall mean the spouse or domestic partner, the parents of the spouse, and the parents, stepparents, guardian, children, stepchildren, brothers, sisters, wards, grandparents and grandchildren of the employee. Up to One (1) day with pay may be granted by the City Manager or, in the case of library employees the Library Director, in situations involving any other death for attendance at the funeral.

Section 6. Military Duty Leave

The City of Ellsworth complies with state and federal military leave laws. Any individual with questions about such leave should direct them to their supervisor or Department Head.

Section 7. Special Leave For Emergency Service

Any employee of the City who wishes to participate as a volunteer for the City Fire Department shall be allowed to be "on call" during normal working hours provided prior arrangements have been made with the City Manager to insure that primary job requirements are met. There shall be no reduction in salary or wages for response to such emergency calls provided there is no additional compensation received for such calls.

Section 8. Family and Medical Leave

In accordance with the federal Family and Medical Leave Act, The City of Ellsworth will grant job protected unpaid family and medical leave to eligible employees for up to twelve (12) weeks per twelve (12) month period for any one or more of the following reasons:

1. The birth of a child and in order to care for such child or the placement of a child with the employee for adoption or foster care (leave taken for this reason must be taken within the 12-month period following the child's birth or placement with the employee); or

2. ln order to care for an immediate family member (spouse, child, or parent) of the employee if such immediate family member has a serious health condition; or

3. The employee's own serious health condition that makes the employee unable to perform the functions of his/her, position.

Definitions

12 Month Period - means a rolling 12 month period measured backward from the date the leave is taken and continuous with each additional leave day taken.

Spouse - includes unmarried domestic partners. If both parties work for the City of Ellsworth their total leave in any 12 month period may be limited to an aggregate of 12 weeks if the leave is taken for either a birth, placement for adoption or foster care of a child, or to care for a sick parent.

Child - means a child either under 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child includes a biological, adopted, foster, or stepchild.

16 Serious Health Condition, - means an illness, injury, impairment, or a physical or mental condition as defined by federal law. This may include a condition that involves inpatient care; any period of incapacity requiring absence from work for more than (3) three calendar days and that involves continuing treatment by a heaJth care provider; or continuing treatment by a health care provider for a chronic or long-term health condition that is incurable, or which if left untreated, would likely result in a period of incapacity of more than three (3) calendar days; or prenatal care by a health care provider.

Coverage and Eligibility

To be eligible for federal family/medical leave an employee must:

I. Have worked for the City of Ellsworth for at least twelve (12) months, and

2. Have worked at least 1250 hours during the 12 month period immediately preceding the commencement of the leave.

Intermittent or Reduced Leave

A. An employee may take leave intermittently (a few days or a few hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition or because of a serious health condition of the employee when "medically necessary."

I . "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.

2. The employee may be required to transfer temporarily to a position with equivalent pay and benefits that better accommodates recurring periods of leave when the leave is planned based on scheduled medical treatment.

B. An employee may take leave intermittently or on a reduced leave schedule for birth or placement for adoption or foster care of a child with the employer's consent.

Substitution of Paid Leave and Other Paid Time

A. As permitted by law, an employee will be required to substitute accrued paid leave and compensatory time for family/medical leave taken. Any leave taken up to the total of 12 weeks permitted by law following use of accrued time off will be unpaid.

Notice Requirement

A. An employee is required to give thirty (30) days notice in the event of a foreseeable leave. A "Request for Family/Medical Leave" form (see attached) must be completed by the employee and returned to the City Manager at the City Manager's Office. In unexpected or unforeseeable situations, an employee must provide as much notice as is practicable, usually verbal notice within one or two business days of when the need for leave becomes known, followed by a completed "Request for Family Medical Leave" form.

B. If an employee fails to give thirty (30) days notice for a foreseeable leave with no reasonable excuse for the delay, the leave may be denied until thirty (30) days after the employee provides notice.

17 Medical Certification

A. For leave taken because of the employee's or a covered family member's serious health condition, the employee must submit a completed "Physician or Practitioner Certification" form (see attached) and return the certification to the City Manager at the City Manager's Office. Medical certification must be provided by the employee within fifteen (1 5) days after requested, or as soon as is reasonably possible.

B. The City of Ellsworth may require a second or third opinion (at its own expense), periodic reports on the employee's status and intent to return to work, and a fitness-for-duty report to return to work.

C. All documentation related to the employee's or his/her family members' medical condition will be held in strict confidence.

Effect on Benefits

A. An employee granted leave under this policy will continue to be covered under the City of Ellsworth health insurance, life insurance or income protection disability plan under the same conditions as coverage would have been provided if they had been continuously employed during the leave period.

B. Employee contributions, as appropriate, will be required either through payroll deduction or by direct payment to the Deputy Treasurer. The employee will be advised in writing at the beginning of the leave period as to the amount and method of payment. Employee contribution amounts are subject to change in rates that occur while the employee is on leave.

C. If an employee's contribution is more than thirty (30) days late, the City of Ellsworth may terminate the employee's insurance coverage.

D. If the City of Ellsworth pays the employee contributions missed by the employee while on leave, the employee will be required to reimburse the Employer for delinquent payment (on a payroll deduction schedule) upon return from leave. The employee will be required to sign a written statement at the beginning of the leave period authorizing the payroll deduction for delinquent payments.

E. If the employee fails to return from unpaid family/medical leave for reasons other than (1) the continuation of a serious health condition of the employee or a covered family member, or (2) circumstances beyond the employee's control (certification required within thirty (30) days of failure to return for either reason), the City of Ellsworth may seek reimbursement from the employee for the portion of the premiums paid by the City of Ellsworth on behalf of the employee (also known as the employer contribution) during the period of leave.

F. An employee is not entitled to seniority or benefit accrual during periods of unpaid leave but will not lose anything accrued prior to leave.

Job Protection

A. If the employee returns to work before or at the conclusion of the permitted 12 weeks of leave permitted under federal law, he/she will be reinstated to his/her former position or an equivalent position with equivalent pay, benefits, status, and authority.

B. The employee's restoration rights are the same as they would have been bad the employee not been on leave. Thus, if the employee's position would have been eliminated or the employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave.

18 C. If the employee fails or is unable to return to his or her regular position at the conclusion of the available FMLA time, the employee will be reinstated to his/her same or similar position, only if available, in accordance with applicable Jaws. If the employee's same or similar position is not available, the employee may be terminated.

State Family Medical Leave

In some circumstances, employees may be eligible for FMLA leave time under state law instead of or in addition to federal Jaw. State law permits an eligible employee to take up to 10 weeks of unpaid leave during a 2 year period. In order to qualify for state FMLA leave, an employee must have worked for The City for at least 12 consecutive months prior to the need for the leave.

Leave under the state FMLA is available for the following reasons:

• A serious health condition of the employee; • The birth of the employee's child or the employee's domestic partner's child; • The placement of a child age 16 or less with the employee or with the employee's domestic partner in connection with the adoption of the child by the employee or the employee's domestic partner; • A spouse, domestic partner, child, domestic partner's child, or parent with a serious health condition; • The donation of an organ of the employee for a human organ transplant; or, • The death or serious health condition of the employee's spouse, domestic partner, parent, or child if the spouse, domestic partner, parent or child as a member of the state military forces, or the US Armed Forces, including the National Guard and Reserves, dies or incurs a serious health condition while on active duty.

Many of the same provisions regarding the application of the federal FMLA detailed above also apply to leave under the state ·law. If an employee believes he/she qualifies for leave for one of these conditions, he/she should speak to his/her supervisor or Department Head immediately as to specific rights and obligations under state law.

Family/Medical Leave Forms to Be Submitted by the Employee

1. Request for Family/Medical Leave

2. Physician or Practitioner Certification Family Member/Serious Health Condition (2A) Employee Serious/Health Condition (2B)

3. Authorization for Payroll Deduction for Benefit Plan Coverage Continuation During a Family Medical Leave of Absence

4. Fitness for Duty to Return From Leave

Section I 0. Other Unpaid Leave of Absence

19 A regular employee who needs an absence for work for a reason other than those covered elsewhere in this ordinance may be granted a leave of absence without pay by the City Manager upon recommendation of the Department Head. The maximum leave granted is 180 days.

An employee desiring such time off must apply in writing to the Department Head at least one week in advance of the requested leave time. The request must specifically state the reasons for such leave and the length of time requested. Such requests will be determined on an individual basis by the City Manager, at the recommendation of the Department Head.

An employee must have completed six months of continuous service before the effective date of the leave of absence. The employee must exhaust any accrued leave at the inception of the leave of absence.

If such leave is granted, the employee will maintain any benefits and/or service accrued through the date of the inception of the leave but no benefits shall accrue during the absence nor shall the employee be eligible for other city-paid benefits during the absence. For instance, holidays falling within the leave of absence shall be unpaid. Upon completion of such a leave of absence, the employee may be able to return to their regular position if that position is still available and suitable. In the event that the position has been abolished or reassigned in their absence or is otherwise no longer available or suitable, the employee shall be given a position of equal classification, status and salary if such position is available. If no such positions are available, the employee may apply for any other job that is vacant and for which the employee is qua) ified for. If no such positions exist or if the employee is not the best candidate for such position, the employee's employment may be terminated.

If an employee on an unpaid leave of absence from the City starts a business, operates a business, undertakes a new career, or engages in similar activity, the leave will be terminated and the employee may be terminated from employment.

The granting or denial of a leave of absence shall be solely within the discretion of the hiring authority and shall not be subject to the grievance procedure.

CHAPTER VI - Work Week and Wage Administration

Section 1. Hours of Work

The hours of the regular workweek for regular full-time and regular part-time employees shall be as prescribed by individual departmental requirements and/or as called for by the job description(s) for the position(s). Exempt employees shall accomplish the work assigned to them regardless of the hours required to do the work.

Notwithstanding any other provisions of this ordinance the hiring authority reserves the right to alter, amend and/or otherwise determine the hours of work in any and all departments where it deems it necessary.

Section 2. Records of Hours Worked

Accurately recording time worked is the responsibility of every hourly employee. Federal and state laws require The City of Ellsworth to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties.

Hourly employees should accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work must always be approved before it is performed.

20 Altering, falsifying, tampering with time records, or recording time on another employee's time record may result in disciplinary action, up to and including termination of employment.

It is the employees' responsibility to sign their time records to certify the accuracy of all time recorded. The supervisor will review and then initial the time record before submitting it for payroll processing. In addition, if corrections or modifications are made to the time record, both the employee and the supervisor must verify the accuracy of the changes by initialing the time record.

Section 3. Paydays

All employees are paid weekly on Friday. Each paycheck will include earnings for all work performed through the end of the previous payroll period.

In the event that a regularly scheduled payday falls on a day off such as a weekend or holiday, employees will receive pay on the last day of work before the regularly scheduled payday.

If a regular payday falls during an employee's paid time off, the employee may receive his or her earned wages before departing if a written request is submitted at least one week prior to the departure.

Employees may have pay directly deposited into their bank accounts if they provide advance written authorization to the City of Ellsworth. Employees will receive an itemized statement of wages when the City of Ellsworth makes direct deposits.

CHAPTER VII - Changes in Status

Section 1. Seniority

Seniority, for purposes of this Ordinance, shall mean length of continuous service in a particular status within a particular department and may be the governing factor in all matters of shift assignments, layoffs, recall, vacation preference or overtime work provided all other qualifications are equal. Probationary employees shall not be afforded any seniority. Once the probationary period is completed, seniority shall be retroactive to the date of initial hire. The seniority rules apply to regular full-time employees only. A break in service shall only be caused by resignation, dismissal, retirement or failure to report for work within five (5) workdays of being recalled from layoff. Transfer or promotion to another department will not constitute a loss of seniority. Demotion, for any reason, shall not constitute a loss of seniority.

Seniority lists shall be established and maintained for each department by the department head or their designee.

Section 2. Promotion Policy

The City encourages employees to develop skills, attain greater knowledge of their work and make known their qualifications for promotion to more responsible positions. No department head shall deny an employee permission to apply for a promotional opportunity in any City department but no such promotion is guaranteed. When the hiring authority determines that an insufficient number of well qualified employees are available from within the City's ranks, he/she may consider outside applicants along with employees in order to provide an adequate number of candidates for consideration.

Section 3. Standards for Promotion

21 The hiring authority shall apply the following standards with respect to promotions and the filling of job vacancies within the City service: The job-related skills, knowledge, ability, experience, education and past performance which will contribute to the satisfactory performance of duties of the position.

Section 4. Demotion An employee may be demoted to a lower position for which he/she is qualified for any of the following reasons:

A. When an employee would otherwise be laid off because his position is being abolished, lack of work, a cut-back in City personnel due to the City's financial condition or because of the return to work from authorized leave of another employee to such position in accordance with these rules (leave of absence).

B. When an employee does not possess the necessary qualifications to render satisfactory service in the position he holds. A demotion under this provision shall be rendered pursuant to the procedures contained in Chapter Vlll.

C. When an employee does not render satisfactory service after being advised of his shortcomings and given ample opportunity to improve his performance. A demotion under this provision shall be rendered pursuant to the procedures contained in Chapter VUI.

D. When an employee voluntarily requests such demotion.

Section 5. Resignation

An employee may resign from the City service in good standing by submitting in writing the reasons thereof and the effective date to the hiring authority at least fourteen (14) calendar days in advance. The hiring authority may permit a shorter period of notice if extenuating circumstances exist. The resignation shall be accompanied by a statement by the department head as to the resigned employee's service performance and pertinent information concerning the cause of resignation. Failure to comply with this rule may be cause for denying future employment with the City.

Section 6. Layoffs

Any employee may be laid off by the City whenever it is necessary because of a shortage of funds, lack of work, or related reasons, which do not reflect discredit upon the employee. Work record and seniority in each particular case shall be the basis for determining layoffs. If rehired within two years of the date of layoff, the employee will retain all accrued benefits.

Section 7. Unapproved Absences

An employee absent from work for five (5) consecutive days without approval shall be deemed to have resigned after written notice, by the hiring authority, to the employee (or to the employee's last known address).

Section 8. Severance Pay

22 The City will pay severance pay equal to two (2) weeks of regular compensation, in addition to accumulated paid leave to employees leaving service for the following reasons;

a. retirement from service provided employee is immediately eligible for benefits under the Maine State Retirement System or other City adopted qualified Retirement Plan,

b. layoff,

c. death of the employee (payment will be made to the employee's estate).

7If an employee retires from service, and then decides to return to active employment, as far as the City is concerned that employee will start again as a NEW hire, with the wage and benefits of a new hire, with no seniority. The time previously employed may count towards FMLA eligibility or as otherwise required by law. The employee retiring must also follow any rules that the retirement plan they contribute to requires. For example, re-hire date, benefit eligibility etc.

CHAPTER VIII Disciplinary Action and Grievance Procedure

Section I . Disciplinary Action

Discip1inary action will be handled in accordance with the procedures set forth herein. Nothing in this Chapter shall limit the City of Ellsworth's right to suspend or discharge a probationary employee during the employee's probationary period with or without cause.

A. Levels of Discipline

The City of Ellsworth subscribes to the concept of "progressive discipline." Under normal circumstances, instances of minor misconduct or poor performance wiJI result in oral or written reprimands. Subsequent misconduct or poor performance by the same employee may result in increasing levels of disciplinary severity, including suspension and ultimately discharge. Notwithstanding the policy of progressive discipline, the City of Ellsworth may issue discipline at whatever level of discipline it deems appropriate to the circumstance, including, for example, termination for a significant single instance of misconduct. Possible discip1inary actions include the following:

1. Oral Reprimand 11. Written Reprimand 111. Suspension Without Pay iv. Dismissal

Informal counseling shall not be considered discipline and is not subject to this section.

B. Procedure

7 Amended August 17, 2009

23 Whenever a department head has cause to believe that disciplinary action may be appropriate, the department head shall give reasonable notification to the employee concerned of the time and place of a disciplinary hearing. If appropriate, an employee may be placed on paid administrative leave pending the disciplinary hearing.

The purpose of the disciplinary hearing is to inform the employee of the facts that are believed to warrant possible disciplinary action and to give the employee the opportunity to respond.

If the department head determines that discipline is warranted, the department head shall determine the appropriate level of discipline. A department head may issue an oral reprimand, written reprimand, or suspension of up to five (5) days, or may recommend dismissal to the City Manager, or his or her designee.

t. If an oral reprimand is warranted, the department head shall document the oral reprimand with a "counseling memo" placed in the employee's personnel file.

ii. If a written reprimand is warranted, the department head shall prepare the written reprimand, review it with the employee, have the employee sign it (to acknowledge that the employee has received and reviewed the reprimand, even if the employee disagrees with the reprimand), and place it in the employee's personnel file.

11t. If a suspension without pay is warranted, the department head shall prepare a memorandum to be placed in the employee's personnel file and shall designate on which days the suspension will be served. The department head may allow the suspension to be served as a block or as individual days over the course of a number of weeks.

iv. If a department head recommends termination, the City Manager, or his or her designee, shall review the matter and determine whether termination is appropriate, and either terminates the employee's employment or institute some lesser form of discipline, as the City Manager deems appropriate.

An employee who receives disciplinary action may grieve the action taken within five (5) work days as provided in section 2, below, except that a grievance of disciplinary action shall begin at Step 2 for non-termination discipline or Step 3 for cases of termination. The disciplinary action shall be stayed pending outcome of the grievance.

C. Causes for Discipline

Causes for disciplinary action include, but are not limited to:

1. Misconduct, indolence, or insubordination, such as failure to obey a department rule or lawful and reasonable direction from a supervisor;

u. Inefficiency, incompetence, or unsatisfactory work performance;

24 111. Excessive absenteeism, tardiness, or early departure from work;

1v. Misuse of sick time;

v. Malfeasance or conviction of any criminal offense;

vi. Violation of Personnel Rules, Chapter IX, Conduct of Employees;

VIL Violation of the Code of Ethics;

vm. Finding by a Court of a violation of any other City ordinance;

IX. Engaging in off-duty employment or other activity that is incompatible with the employee's duties, functions, and responsibilities as a City employee;

x. Engaging in physical violence or threatening violence;

xi. Failure to maintain a polite and cooperative attitude; and

XII. Any other action that reflects poorly on or negatively impacts the City of Ellsworth.

Section 2. Grievance Procedure

Any regular full-time and regular part-time employee shall have the right to present a grievance in any matter, which directly affects his/her condition of employment according to the following procedure:

Step 1:

The grievance shall first be discussed with the employee's department head. The department head shall then take such steps as are advisable, including consultation with the employee's immediate supervisor in an effort to resolve the grievance informally.

Step 2:

If the grievance is not resolved within five (5) workdays of initial discussion in Step I, the grievance may then be submitted in writing to the City Manager who shall provide the employee with a decision in writing within five (5) workdays of submission.

Step 3:

If the grievance is not resolved within five (5) workdays after the receipt of the written decision from the City Manager at Step 2, the grievance, if it involves a matter of policy or termination of employment, may then be submitted in writing to the City Council. The City Council, or a sub-committee of the Council established to hear the grievance, shall call and conduct a hearing of all parties involved within thirty (30) days after submission. The City

25 Council, or subcommittee, shall provide the employee with a written decision within ten (J 0) workdays of the hearing.

CHAPTER IX - Conduct of Employees

Section 1. General

Employees are expected to conduct themselves at all time during their hours of employment in a manner that will bring no discredit to the City. All employees of the City are expected and required to treat the public with promptness, patience, courtesy and respect. Infonnation about members of the public, gained from their positions, is to be considered confidential.

Section 2. Compliance with Federal, State, and Local Laws

Employees of the City shall comply with all federal, state, and local laws and regulations. Failure to comply may result in disciplinary action.

Section 3. Departmental Rules. Regulations, and Standard Operating Procedures

Written departmental regulations will supplement this ordinance and will be binding on the employees of the individual departments. In case of conflict between this ordinance and the departmental regulations, the more restrictive wording shall take precedence.

This section shall not apply to employees otherwise provided for by contractual agreement and shall not be deemed to be inconsistent therewith.

Section 4. Working Relationships and Interdepartmental Cooperation

Employees of the City shall maintain high standards of cooperation, efficiency, and economy in their work. City employees shall cooperate with the public and employees in other City departments to the fullest extent practical. Department heads and supervisors shall organize and direct the work of their work units so as to achieve these objectives.

Under emergency situations, when an employee's supervisor or department head is not available, the employee shall perform such duties as shall be assigned by the department head or designee present or overseeing the emergency situation.

Section 5. Attendance at Work

Employees shall be at their respective places of work in accordance with the general or departmental regulations pertaining to hours of work. In the event of necessary absences because of illness or any other cause, it is the responsibility of the employees to notify the department supervisor prior to the time the employee is required to report for work.

26 All departments shall furnish periodic work, attendance, and request for leave reports, as the City Manager shall request.

Section 6. Inclement Weather and Emergency Closings

It is the employee's responsibility to arrive at work on time even during periods of inclement weather. Infrequent instances of tardiness of less than one hour, due to weather conditions, may be excused by the department head without loss of pay.

At times, emergencies such as severe weather, fires, power failures, or earthquakes, can disrupt City operations. In appropriate cases, determined by the City Manager, circumstances may require the closing of City Hall. When operations are officially closed due to emergency conditions, the time off from scheduled work will be paid.

Section 7. Rest and Meal Periods

Each workday, full-time hourly employees are provided with two paid rest periods of fifteen ( 15) minutes in length. To the extent possible, rest periods will be provided in the middle of work periods. Since this time is counted and paid as time worked, employees shall be absent from their workstations only for the allotted rest period time.

All full-time employees are provided with one unpaid meal period each workday. Department Heads will schedule meal periods to accommodate operating requirements. Employees will be relieved of all municipal duties during meal periods. In the event that a situation occurs requiring the employee to go back on duty, the meal period may be resumed later for the remaining meal period time.

Section 8. Strikes and Slowdowns

No municipal employee of any status may participate in a work stoppage, sympathy work stoppage or slowdown.

Any employee, who instigates, promotes, sponsors, or engages in a work stoppage, sympathy work stoppage or slowdown may be subject to disciplinary action, up to and including dismissal.

Section 9. Outside Employment

Employees may engage in other employment outside of their City working hours provided it is understood and accepted that their primary duties and responsibilities shall be to the City of Ellsworth. Employees accepting secondary employment shall notify the City Manager in writing, in advance of taking such employment. If, in the opinion of the City Manager there is a conflict with the City employment, because, for instance, the outside employment may negatively affect the employee's ability to fully satisfy the job-related requirements of his or her position at The City of Ellsworth or may involve the use of confidential infonnation acquired directly or indirectly through employment at The City of EJlsworth, the employee shall be so advised. After discussion with the employee the City Manager shall determine if the outside employment inappropriately conflicts with City employment. If the City Manager so determines, he/she shall notify the employee, in writing, to cease the outside employment. If the employee fails to cease the outside employment as directed by the City Manager it is grounds for termination.

27 Section 10. Political Activity

While working for the City, employees shall not seek or accept nomination or election to any office in the 8 City Government . Employees shall not use their authority of influence for the purpose of interfering with or affecting the result of an election or a nomination for office. Employees shall not take part in the management or campaigns of candidates for City Council, nor shall they circulate petitions, distribute campaign literature, or solicit or receive funds from any person, pertaining to the nomination of City Council members.

City employees shall not directly or indirectly, coerce, conunand, or advise state or local employees to pay, lend or contribute anything of value to a party, committee, organization, agency, or person for partisan political purposes.

No officer or employee of the City shall directly or indirectly interfere with the participation of any City employee in the non-partisan affairs of Ellsworth (except as provided in the first paragraph of this section), provided that no conflict of interest results. A "conflict of interest" shall mean a situation in which an employee's participation in the affairs of the City results in financial gain to him or his family other than a regular compensation paid to him as an officer of the City.

9No employee shall wear a City uniform or clothing provided by the City for purposes other than City work purposes.

Nothing in the paragraph shall be construed to prohibit any City employee from donating his or her own funds, time, or services for a political cause (except as provided in the first paragraph of this section), provided such donation of time or services is not made during the employee's City working hours or upon the premises of the City or by using the facilities or the services of the City.

Section 11. Receipt of Gifts

A City employee is prohibited from soliciting or accepting any gift, gratuity, favor, entertairunent, loan or any other thing of monetary value from any person who has or is seeking to obtain business with the City of Ellsworth or from any person within or outside City employment whose interests may be affected by the employee's performance or non-performance of his official duties.

Acceptance of nominal gifts in keeping with special occasions, such as marriage, retirement, Christmas or unsolicited advertising or promotional materials, e.g., pens, note pads, calendars of nominal intrinsic value, is permitted.

Section 12. Conflict of Interest

No employee shall participate in the decision to make purchases or enter into contracts where the employee has any interest, either directly or indirectly, in the vendor or contract with the City. An "interest" shall include any financial interest or other interest other than that possessed by the general public, held by the employee, the employee's immediate family, or individuals residing in the employee's household. No City employee shall sell materials to the City unless such material is awarded under a sealed bid.

Section 13. City Property

8 Amended August 17, 2009 9 Amended August 17, 2009

28 Employees must not, directly or indirectly, use or allow the use of City property of any kind for other than official activities, except as authorized by the City Manager. Please also refer to the Vehicle Policy.

Section 14. Use of Phone and Mail System

Employees should practice discretion in using city telephones when making local personal calls and shall be required to reimburse the City of Ellsworth for any charges resulting from their personal use of the telephone.

The use of the City of Ellsworth-paid postage for personal correspondence is not permitted. Section 15. Use of City of Ellsworth Data Processing Equipment

Computer information systems and networks are an integral part of business at The City of Ellsworth. The City has made a substantial investment in human and financial resources to create these systems. The intent of these rules is to provide employees with general requirements for utilizing the City of Ellsworth's computers, networks and Internet services. More specific administrative procedures and rules governing day-to-day management and operation of the computer system may supplement these rules.

The policies and directives have been established in order to:

Protect this investment.

Safeguard the information contained within these systems.

Reduce business and legal risk.

Protect the good name of The City.

These rules provide general guidelines and examples of prohibited uses for illustrative purposes but do not attempt to state all required or prohibited activities by users. Employees who have questions regarding whether a particular activity or use is acceptable should seek further guidance from the Technology System Administrator (TSA) or City Manager.

Failure to comply with these rules and/or other established procedures or rules governing computer use in accordance with employee's, standard operating procedures, and other related policies, may result in disciplinary action, up to and including restricted access and/or dismissal. Illegal uses of the City of Ellsworth's computers and/or networks will also result in referral to law enforcement authorities.

Violations

Violations will result in disciplinary action by The City, up to and including termination, in accordance with City policy. Actions will be predicated upon the following factors:

The type and severity of the violation.

The presence of any repeated violations.

Whether it causes liability or loss to The City.

29 Administration

The TSA is responsible for the administration of this policy.

Contents

The topics covered in this document include:

Statement of responsibility

Expectation of Privacy

Internet and e-mail

Computer viruses

• Access codes and passwords

Physical security

Copyrights and license agreements

Statement of Responsibility

General responsibilities pertaining to this policy are set forth in this section. The following sections list additional specific responsibilities.

Manager Responsibilities

The City Manager and Supervisors must:

Ensure that all personnel that use or have access to City computers are aware of, and comply with, this policy.

Create appropriate performance standards, control practices, and procedures designed to provide reasonable assurance that all employees observe this policy.

TSA Responsibilities

The TSA must:

Develop and maintain written standards and procedures necessary to ensure implementation of, and compliance with, these policy directives.

Provide appropriate support and guidance to help employees fulfill their responsibilities under this directive.

Expectation of Privacy

The City of Ellsworth retains control, custody and supervision of all computers, networks and Internet services owned or leased by the City. The City reserves the right to monitor all computer

30 and Internet activity by employees and other system users. Employees have no expectation of privacy in their use of computers, and/or networks, including e-mail messages and stored files.

The Internet and E-mail

The Internet is a very large, publicly accessible network that has millions of connected users and organizations worldwide. E-mail is an integral feature of the Internet.

Policy

Access to the Internet is provided to employees for the benefit of The City of Ellsworth and its citizens. With it, employees are able to access a variety of information resources around the world.

Unfortunately, the Internet also contains considerable risk and inappropriate material. To ensure that all employees are responsible and productive Internet users, and to protect The City's interests, the following guidelines have been established for using the Internet and e-mail.

Use of City supplied e-mail or Internet implies acceptance ofthese policies.

Acceptable Use

Employees using the Internet are representing the City. Employees are responsible for ensuring that the Internet is used in an effective, ethical, and lawful manner. Examples of acceptable use are:

Using a Web browser to obtain City related business and government information from commercial and governmental websites.

Accessing databases for information as needed by the City.

• Using e-mail to conduct City business.

• Minimal personal use is acceptable within the parameters of this policy. Minimal use is considered to be on an irregular basis for a short period of time during the work period. Personal use of the Internet should not interfere with the performance of the employee's job duties.

Using personal break or lunch periods on personal messages or web browsing.

Unacceptable Use

Employees must not use the Internet for purposes that are illegal, unethical, harmful to the City, or nonproductive. Examples of unacceptable use are:

• Sending or forwarding chain e-mail or any messages containing instructions to forward the message to others.

Indiscriminately broadcasting e-mail or sending the same message to multiple recipients or distribution lists.

• Subscribing to mailing lists unrelated to work.

Using excessive time for personal e-mail. It is understood that some personal messages will be sent and received, and time spent on personal activities should be kept to a minimum.

31 • Conducting a personal business using City resources.

Transmitting or accessing any content that is offensive, harassing, fraudulent or in violation of the City's sexual harassment policy. It is possible to connect to offensive web sites accidentally in the course of legitimate research, and this should not cause alarm. Employees are expected to close or back out of these windows immediately. Examples include, but are not limited to, pornography, gambling, and potentially offensive stories or jokes. Employees needing to access this type of content, such as the police department during normal investigative procedures, should get supervisor approval before accessing these sites.

• Streaming transmissions, audio or video, this includes, but is not limited to; radio and television web-casts unrelated to business must be approved prior to viewing. This does not include web-casts for business purposes.

• Intention~lly using internet facilities to disable, impair or overload the performance of any computer system or network, or to circumvent any system intended to protect the privacy or security of another user.

Downloads

Employees should not upload or download files that are not related to City business. Employees should get prior approval from their department head prior to downloading files. If the department head is unsure whether or not it is safe to download, then they should contact the TSA or their designee.

Employee Responsibilities

An employee who uses the Internet or Internet e-mail shall:

• Ensure that all communications do not interfere with their productivity or the productivity of others.

Be responsible for the content of all text, audio, or images placed or sent over the Internet.

• All outbound communications should have the employee's name attached.

• Not transmit copyrighted materials without written permission from the copyright holder.

Know and abide by all applicable City policies dealing with security and confidentiality of City records. Police department employees must know and abide by general order 2-21 as of the date of this policy.

• Run a virus scan on all files received through the Internet.

• Avoid transmission of confidential information. If it is necessary to transmit confidential information, employees are required to take reasonable steps to ensure that the information remains confidential, is delivered to the intended recipient, that the intended recipient is authorized to receive such information, and that the intended use is legitimate. Data encryption is the only known reasonable method at this time.

32 Be responsible for any unauthorized charges including but not limited to credit card charges, subscriptions, long distance telephone charges, equipment and line costs, or for any illegal use of its computers such as copyright violations.

Copyrights

Employees using the Internet are not permitted to copy, transfer, rename, add, or delete infmmation or programs belonging to others without express written permission from the copyright owner. Failure to observe copyright or license agreements may result in disciplinary action by the City and legal action by the copyright owner.

Monitoring

All messages created, sent, or retrieved over the Internet are the property of The City of Ellsworth and are regarded as public information. The City of Ellsworth reserves the right to access the contents of any messages sent over its facilities if The City believes, in its sole judgment, that it has a business need to do so.

All communications, including text and images, can be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver. This means, don't put anything into your e-mail messages that you wouldn't want to see on the front page ofthe newspaper, or be required to explain in a court oflaw.

At this time, it is not policy, practice or desire to monitor messages or Internet traffic. However logs with this information exist, they may be spot checked. Please be aware that legal obligations (court decisions, decrees, notice of pending relevant legal action) or gross abuse can force a change to this policy at any time without prior notice.

Remember that e-mail is a written form of communication that can survive electronically for a very long time (even after deletion). It cannot be un-sent, and it cannot be considered private.

Computer viruses

Computer viruses are programs designed to make unauthorized changes to programs and data. Therefore, viruses can cause destruction of City resources.

Background

It is important to know that:

• Computer viruses are much easier to prevent than cure.

• Defenses against computer viruses include protection against unauthorized access to computer systems, using only trusted sources for data and programs, and maintaining anti-virus software.

TSA responsibilities

33 The TSA shall:

Install and maintain appropriate anti-virus software on all computers.

Respond to all virus attacks and destroy any virus detected.

Employee responsibilities

These directives apply to all employees:

Employees shall not knowingly introduce a computer virus into City computers.

Employees shall not load diskettes, CDs or other media of unknown origin.

Employees shall not tamper with the configuration of anti-virus software except as directed by the TSA or their designee.

• Incoming files/data (diskettes, cd's, and other) shall be scanned for viruses before they are read.

• Never open e-mail attachments that end with ".exe", ".bat'', ".bas" or other known executable identifiers.

• Any employee who suspects that their workstation has been infected by a virus shall immediately contact the TSA or their designee.

Access Codes and Passwords

The confidentiality and integrity of data stored on City computer systems must be protected by access controls to ensure that only authorized employees have access. This access shall be restricted to only those capabilities that are appropriate to each employee's job duties.

TSA responsibilities

The TSA shall be responsible for the administration of access controls to all networked City computer systems. The TSA will process user adds, deletes, and changes upon the request from the end user's supervisor.

The TSA will maintain a list of administrative access codes and passwords and keep this list in a secure area.

Accounts that remain inactive for an extended period of time will be deactivated, and then purged by the TSA or designee.

Employee Responsibilities

Each employee:

• Shall be responsible for all computer transactions that are made with their User ID and password.

34 • Shall not disclose passwords to others. Passwords must be changed immediately if it is suspected that they may have become known to others. Passwords should not be recorded where they may be easily obtained.

Will change passwords when prompted to by the TSA or their designee.

Should use passwords that cannot be easily guessed by others.

Should log out or lock their workstation when leaving it unattended for any length of time.

Each employee must use their personal username and password. Usemames and passwords must not be shared.

Store data and files in a data repository designated by the TSA. Because servers are backed up routinely, tills protects against data loss.

Supervisor's Responsibility

Department beads should notify the TSA or designee promptly whenever an employee leaves the City, or transfers to another department, so their access can be revoked or changed. Involuntary terminations must be reported concurrent with, or prior to, termination.

Physical and Data Security

It is City policy to protect computer hardware, software, data, and documentation from misuse, theft, unauthorized access, and environmental hazards.

Employee Responsibilities

The directives below apply to all employees:

• Media (diskettes, CDs, tapes, or other data storage devices) should be stored out of sight when not in use. Ifthey contain sensitive or confidential data, they must be locked up. Employees are strongly encouraged to store such data in their designated data repository.

• Media should be kept away from environmental hazards such as heat, direct sunlight, and magnetic fields.

Critical computer equipment, such as file servers and network equipment must be protected by an uninterruptible power supply (UPS). Other computer equipment must be protected, by a surge suppressor at minimum. Laser printers will be plugged into separate electrical outlets and not into UPS's.

• Computer and network hardware should not be exposed to environmental hazards such as food, smoke, liquids, high or low humidity, and extreme heat or cold. Where these hazards are unavoidable, appropriately hardened equipment must be used.

Since the TSA is responsible for all equipment installations, disconnections, modifications, and relocations, employees are not to perform these activities. This does not apply to portable computers for which an initial connection has been made by the TSA or their designee.

35 • All data stored on City owned equipment belongs to the City, any attempt to delete, erase or otherwise conceal infonnation stored on this equipment with out TSA approval may result in disciplinary action.

Information belonging to the City of Ellsworth is ONLY to be accessed to conduct City business, any attempts to access information not belonging to the employee, or not necessary in conducting City business may result in disciplinary action.

• Employees shall not take shared portable equipment such as laptop computers off the premises without the informed consent of their supervisor. Informed consent means that the manager knows what equipment is leaving, what data is on it, and for what purpose it will be used.

• Employees should exercise care to safeguard the valuable electronic equipment assigned to them. Employees who neglect this duty may be accountable for any consequent loss or damage.

• Employees must remember that existing policy concerning care and handling of City property also applies to computer equipment.

Copyrights and License Agreements

It is the City's policy to comply with aU laws regarding intellectual property.

Legal Reference

The City and its employees are legally bound to comply with the Federal Copyright Act (Title 17 of the U.S. Code) and all proprietary software license agreements. Noncompliance exposes the City and the responsible employee(s) to civil and criminal penalties.

Scope

This directive applies to all software that is owned by the City, licensed to the City, or developed using City resources by employees or vendors. Software not owned or licensed to the City must not be installed on City computers.

TSA Responsibilities

The TSA will:

• Maintain records of all software owned or licensed by City, including software license details and assignments for all software applications, utilities, and modules.

• Periodically scan City computers to verify that only properly licensed, City owned software is installed.

Employee Responsibilities

Employees shall not:

• Install software unless authorized by the TSA. Only authorized software that is licensed to or owned by the City is to be installed on City computers.

36 Copy software unless authorized by the TSA.

Download software unless authorized by the TSA.

Civil Penalties

Violations of copyright law expose The City and the responsible employee(s) to the following civil penalties:

Liability for damages suffered by the copyright owner.

• Any lost profits attributable to the copying.

Large monetary damage awards for each illegal copy.

Criminal Penalties

Violations of copyright law that are committed "willfully and for purposes of commercial advantage or private financial gain" that is, to save or make money, expose The City and those employees responsible to the following possible criminal penalties:

Fines up to $500,000.00 for each illegal copy.

• Jail terms of up to five years.

(as of the date of this policy)

Section 16. Use of Equipment and Vehicles

Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to replace. When using property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Employees are to notify the Department Head or designee if any equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of repair. The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, as well as excessive or avoidable traffic and parking violations, may result in disciplinary action.

Employees whose work requires operation of a motor vehicle must present and maintain a valid vehicle operator's license that is neither suspended nor revoked and must be able to provide proof of adequate insurance coverage. Any changes to such an employee's driving record or license status must be reported to the employee's supervisor immediately. Where applicable, failure to maintain a valid driver's license may be sufficient cause for immediate termination.

Employees traveling on behalf of the City must comply with all state, federal, and local traffic rules and regulations. The City of Ellsworth is not responsible for and will not reimburse an employee for any fine incurred by the employee for violating a traffic or criminal law while traveling on behalf of the City. Employees traveling on City business are expected to wear seatbelts at all times.

Any accident, no matter how minor, which occurs while any employee is operating a vehicle on City business, must be reported immediately to the City Manager.

37 Employees who operate personal vehicles on City business are strictly prohibited from operating such vehicles under the influence of alcohol or controlled substances, except for prescription medication authorized by a physician who does not cause unsafe performance.

Employees are not permitted to use City vehicles for personal business/activity.

Failure to follow these rules may result in disciplinary action, up to and including immediate termination.

Section 17. Safety

To assist in providing a safe and healthful work environment for employees, customers, and visitors, the City of Ellsworth has established a workplace safety program. This program is a top priority for the City of Ellsworth. The City Manager has responsibility for implementing, administering, monitoring, and evaluating the safety program.

Section 18. Use of Tobacco Products

In keeping with the City of Ellsworth's intent to provide a safe and healthy work environment, use of tobacco products is prohibited within all City buildings and vehicles. Exterior designated smoking areas, as appropriate, shall be determined by the City Manager.

Section 19. Employee Dress and Appearance

As representatives of the City of Ellsworth, employees are expected to maintain a neat and professional appearance. The following types of clothing are prohibited: pants made ofjean material of any kind; shorts (unless part of a suit); tank or halter tops; strapless tops; cropped tops; clothing that does not adequately provide coverage or that shows undergarments; torn clothing; clothing with holes; flip flops; sweatsuits or similar attire; and leggings. This list is not exhaustive. If an employee has a question about whether a particular type of clothing is permitted under this policy, it should be directed to his/her supervisor or Department Head.

Professional appearance also means maintaining good hygiene and grooming while working. Facial hair is permitted as long as it is neat and clean. Earrings are acceptable as long as they are not a safety hazard; however, no more than two earrings may be worn in each ear while working. Rings through the nose, eyebrow, tongue, or other body parts visible to the public may not be worn while working. All tattoos must be small in size and not offensive or covered at all time while working. Employees are expected to be conservative in the wearing of makeup and scented products.

Employees who violate this policy in the opinion of their Department Head or the City Manager may be asked to leave the workplace until they are in compliance. Repeated infractions of this policy may be cause for disciplinary action.

Under certain limited circumstances, an exception to this policy may be made for an employee with a bona fide health and/or religious need. To request such an exception, the employee must contact the City Manager as soon as the need for the exception arises.

Section 20. Violence in the Workplace

The safety and security of all employees is of primary importance. Threats, stalking, threatening and abusive behavior, or acts of violence against employees, visitors, customers, and/or City facilities or property by anyone on City property, on a City-controlled site, or in connection with City employment or

38 business will not be tolerated (even those made in jest). Violations of this policy will lead to corrective action up to and including tennination and/or referral to appropriate law enforcement agencies for arrest and prosecution. The City of Ellsworth reserves the right to take any necessary legal action to protect its employees.

All employees are responsible for notifying their Department Head immediately of any threats that they witness or receive or that they are told another person witnessed or received. Even without a specific threat, all employees should report any behavior they have witnessed that they regard as potentially threatening or violent or that could endanger the health or safety of an employee when the behavior has been carried out on City premises, on a City-controlled site, or is connected to City employment or business. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threatening behavior and the person or persons being threatened.

Section 21. Drug and Alcohol Use and Drug Testing

It is The City of Ellsworth's desire to provide a healthful and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perfonn their jobs in a satisfactory manner.

Drug and Alcohol Use

While on the City of Ellsworth premises and while conducting City-related activities off the City of Ellsworth premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol, legal drugs prescribed to someone other than the employee, or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment.

Alcohol and Drug Policy and Testing Procedures for City Employees Required to Hold a Commercial Drivers Licenses

1. Purpose

The City of Ellsworth is committed to a drug and alcohol free workplace. ln order to ensure the safety of its employees and the general public, as well as to comply with 49 CFR Part 382 and other pertinent federal laws, the City Council has adopted this employment policy.

The City takes pride in its employees who perform critical duties in a tidy effective manner with safety foremost in their minds. This policy strengthens our commitment to a safe workplace.

2. Program Administrator

The City Manager is designated by the City Council as the Alcohol/Drug Testing Program Administrator. The Program Administrator is responsible for answering questions from drivers, employees or the public in general. The Program Administrator will maintain the confidentiality of all information relating to drug and alcohol testing. The Program Administrator may provide

39 such information as necessary to enable the appropriate supervisor to take the appropriate action to ensure compliance with this policy. In addition to his/her duties under this policy, the Program Administrator is also responsible for compliance with the Program Administrator Guidelines.

3. Scope of Policy

This policy applies to all regular full-time, part-time or on-call and temporary employees who are required to hold a Commercial Driver's License (CDL) for their position. All applicants for employment positions requiring a CDL are required to pass a drug test as a prerequisite of employment, prior to final hiring. Any applicant who fails a drug test shall not be hired, although may re-apply for employment in the future.

Any person who was employed on a part-time or on-call basis for the City of Ellsworth at least once during calendar year 1995 and is employed at least once annually thereafter shall be considered a continuing employee for purposes of this policy, and is not subject to pre employment testing prior to recommencing work. However, such employees are subject to all other provisions of this policy.

All covered employees shall receive a copy of this policy, as well as educational materials on alcohol and substance abuse.

4. Compliance with Regulations

All CDL employees subject to alcohol and drug testing must be in compliance with this policy at all times while working for the City. This includes all time spent operating commercial vehicles, as well as time spent maintaining or repairing those vehicles.

NOTE REGARDING INDEPENDENT CONTRACTORS: Independent contractors and their employees who must hold a CDL for the contracted activity are subject to the requirements of 49 CFR Part 382 and are responsible for compliance with that and related laws. The City will not provide or pay for tests, evaluations or rehabilitation for independent contractors or their employees. The City shall make compliance with the law a condition of any contract, which requires a CDL driver.

5. Substances Tested

When drug and alcohol screening is required by this policy, a breath test and/or urine test will be given to allow for detennination of the following:

1. Alcohol 2. Marijuana 3. Cocaine 4, Amphetamines 5. Phencyclidine (PCP) 6. Opiates

6. Prescription Drug Use

Employees covered by this policy may use prescription drugs and "over the counter" medications provided that:

1. The prescription drugs or their generic equivalent have been prescribed to the employee within the past 12 months by an authorized medical practitioner.

40 2. The employee does not consume prescribed drugs more often than as prescribed by the employee's physician.

3. Any employee who bas been informed that the medication could cause adverse side effects while working shall inform his/her supervisor prior to using these substances. The City at all times reserves the right to have a licensed physician determine if use of a prescription drug or medication by an employee produces an adverse effect. If such a finding is made, the City may notify the employee's doctor (with employee's permission) to determine if other medications are available which would not seriously affect the employee's ability to work safely. If an appropriate substitute medicine is not available, the City may limit or suspend the employee's work activities to non-safety sensitive duties.

7. Tests Required

All employees subject to this policy shall be tested for alcohol and/or controlled substances in the following circumstances:

I. Pre-empJoyment. Drug tests will be conducted when an offer is made to hire an employee for a CDL position. The offer for employment is contingent on the applicant passing these tests. This includes existing employees who are applying for CDL positions.

2. Random. Drug and alcohol tests will be conducted on a random, unannounced basis. The number of annual drug tests shall equal 50% of the number of CDL required positions while the number of annual alcohol tests shall equal 25% of the CDL required positions. The City has entered into an agreement with a third party administrator (TP A) to randomly select the CDL employees for testing and then notify the Program Administrator of the person or persons chosen.

3. Post-accident. As soon as is practicable after an accident, the employee shall be tested for alcohol and drugs if: (A) the accident involved the loss of human life; or (B) the employee received a citation for a moving traffic violation arising for the accident.

4. Reasonable suspicion. All employees who exhibit to a trained supervisor signs and symptoms of alcohol and/or drug abuse while on the job, prior to reporting to work, or just after work will be required to submit to an alcohol and/or drug test. The supervisor shall document the specific facts, symptoms or observations by completing a "Reasonable Suspicion Record" form.

NOTE: Do not allow an employee to drive him/herself to the testing facility for a reasonable suspicion test. Instead, the supervisor or another employee should provide transportation to the testing facility.

5. Return-to-duty. An employee who engaged in conduct prohibited by Section 9 must submit to an alcohol test and drug test to return to duty. The results of a drug test must be negative to return to duty, and the results of an alcohol test must be less than 0.02 to return to duty.

6. Follow-up. An employee who previously tested positive and has returned to duty must submit to a combination of at least six (6) alcohol and drug tests during the first year after returning to work. Follow-up tests will be unannounced and may continue for up to sixty (60) months after returning to work, not to exceed twelve (12) a year.

41 8. Testing Procedures

Drug Testing: Drug testing is accomplished by analyzing the employee's urine specimen (urinalysis). Specimens will be collected at an off-site facility selected by the City. Once the employee provides a urine specimen, it is sealed and labeled by a certified/authorized agent of the testing facility. A chain of custody document is completed in the presence of the employee, and the specimen is shipped to a laboratory, which is certified in accordance with DHHS guidelines or equivalent guidelines.

All urinalysis procedures are required to include split-specimen techniques. Each urine sample is sub-divided into two containers and labeled as primary and split specimens. Both specimens are forwarded to the laboratory. Only the primary specimen is used in the urinalysis. In the event of a confirmed positive test result, the split specimen may be used for a second confirmation test if requested by the employee.

During testing an initial screening test is performed. If the test is positive for one or more drugs a confirmation test will be performed for each individual drug using gas chromatography/mass spectrometry (GCIMS) analysis. This test ensures that over the counter medications are not reported as positive results.

If the analysis of the primary specimen results in a confirmed positive test, the employee may within 72 hours request that the split specimen also be tested at a certified laboratory of his/her choice. The second test is at the employee's expense unless the test result is negative, in which case the City will reimburse the employee.

All test results are reviewed by a Medical Review Officer (MRO) prior to results being reported to the City. In the event of a positive test result, the MRO will first attempt to contact the employee and conduct an interview to determine if there are any alternative legitimate reasons for the positive results (such as over-the counter or prescription medications). If the MRO determines there is a legitimate medical explanation for the presence of drugs, the result will be reported as negative. If the MRO is unable to contact the employee, then the employer will be contacted and requested to advise the employee to contact the MRO. Urine samples shall be provided in a private test room, stall or similar enclosure so that employees and applicants may not be viewed while providing the sample. Employees and applicants may be required to disrobe and will be given hospital gowns to wear while they are providing test samples in order to ensure that there is no tampering. Street clothes, bags, briefcases, purses, and other containers may not be carried into the test area. The water in the commode, if any, shall be colored with dye to protect against dilution of test samples. An applicant or employee may waive the right to privacy and provide the urine sample in the presence of a witness (of the same gender) and not be required to disrobe and wear a hospital gown.

Alcohol Testing: Alcohol testing will be conducted using an evidential breath testing (EBT) device. The test breath test must be performed by a certified Breath Alcohol Technician (BAT) trained in the use of EBT and alcohol testing procedures. Under certain circumstances, post accident tests conducted by law enforcement personnel or medical personnel will be acceptable.

Two (2) breath tests are required to determine if an individual is over the alcohol concentration limit permitted. Any result of less than 0.02 concentration is considered a negative result. Any result of 0.02 or greater requires a confirmation test. A confirmed test of 0.02 or greater is considered a positive result.

9. Prohibited Conduct

42 CDL employees shall not:

l. Report to work and/or remain on duty with an alcohol concentration of 0.04 or greater;

2. Possess any alcohol while on duty;

3. Use any alcohol while on duty;

4. Use any alcohol within four (4) hours before going on duty;

5. Use any alcohol within eight (8) hours after an accident for which the CDL employee must be tested for alcohol concentration;

6. Refuse to submit to the following alcohol and/or controlled substance tests: random test, reasonable suspicion test, post-accident test, or follow-up test;

7. Report to or remain on duty when using any controlled substance, except when used under a physician's orders and when the physician has informed the CDL employee in writing that the use will not affect the safe operations of a commercial vehicle. In the case of a written warning by the physician, the employee shall report this to his/her supervisor immediately;

8. Report to or remain on duty if the employee tests positive for controlled substances.

Failure to comply with these rules is a violation of this policy and may result in disciplinary action and shall result in referral to a substance abuse professional.

10. Refusal to Test

An employee's failure to submit to testing may result in disciplinary action up to and including dismissal, and is also grounds for referral to a substance abuse professional. Failure to submit to a test by an applicant will result in denial of employment. Specifically, the following circumstances may be considered a refusal to test:

l. Failure to report to the designated testing area immediately after being notified to submit to an alcohol or drug test.

2. Failure to accurately provide a sufficient sample to be tested, either breath or urine as the case may be, unless medically determined to be unable to do so.

3. Engaging in conduct that clearly obstructs or delays the testing process.

11 . Alcohol Concentration of 0.02 or Greater but Less Than 0.04

Provided that the employee has not violated Section 9, any employee whose alcohol test results in a concentration of 0.02 or greater but less than 0.04 shall not be permitted to perform any safety sensitive function for at least 24 hours following the test. The employee will not be paid for work time lost as a result of this section unless he/she works in another capacity for the Municipality during that time period. The employee will not be required to undergo evaluation by a substance abuse professional if the test result is 0.02 or greater but less than 0.04, not will a return-to-duty test be required unless there is reasonable suspicion that the employee is still under the influence of alcohol or drugs.

43 NOTE: This Section applies only in limited situations. For example, if an employee last consumed alcohol more than 4 hours before work, but still has a blood/alcohol level of .0.03 when he/she shows up for work, he/she is not in violation of Section 9 but is subject to this Section.

12. Notice and Consent

Before a drug or alcohol test is administered, employees and job applicants will be asked to sign a consent form authorizing the test and permitting the release of test results to those officials with a need to know. The chemical screen consent form shall provide space to indicate current medication.

All recruitment announcements for any CDL position, including in-house recruitment and promotion, will disclose that a drug screening test will be required of the applicant.

13. Consequences of Violation of this Policy

1. Any employee who violates Section 9 or 10 of this policy shall be immediately removed from the safety-sensitive function and will be advised by the City of the resources available for evaluating and resolving drug and alcohol abuse problems. The employee is required to be evaluated by a substance abuse professional. All evaluation and rehabilitation shall be at the employee's cost unless otherwise agreed by the City. An employee shall not be allowed to return to the safety-sensitive function until he/she has a return-to-duty alcohol test result of less than 0.02 or a return-to-duty drug test with a verified negative result.

2. In addition, any employee who violates Section 9 or I 0 of this policy may be subject to disciplinary action up to and including dismissal. Before discipline, reassignment or dismissal is imposed following a confirmed positive drug test, the employee shall have the opportunity to participate for up to 6 months in a rehabilitation program unless otherwise agreed by the City. Factors to be considered in determining the appropriate disciplinary response include, but are not limited to the following: Employee's work history, length of employment, current job performance and existence of past disciplinary actions. Disciplinary action is imposed by municipal policy; it is not required by federal law. *Under State law, if part of all of the costs of drug abuse rehabilitation are covered by a group health insurance plan which includes the employee in question, then such insurance may be used by the employee for that purpose, see 26 M.R.S.A. 685 as amended by 1995 PL c.344.

3. Further grounds for discipline or dismissal under city policy include, but are not limited to:

a. Refusal to submit to a rehabilitation program after testing positive.

b. Failure within 6 months to successfully complete a rehabilitation program after commencing the program, or failure to pass a return-to-duty drug or alcohol test.

c. Evidence that the employee has substituted, adulterated, diluted or otherwise tampered with his/her urine sample.

44 d. Failure to contact a substance abuse professional within five (5) regular working days after being notified of a confirmed (MRO certified) positive test for the improper use of alcohol or unauthorized substances.

4. During the period the City is awaiting an employee's test result for a post-accident test, reasonable suspicion test, or return-to-duty test, the City may transfer the employee to another position with or without a reduction in pay or benefits. The City also reserves the right to place an employee on unpaid suspension to reduce any possible safety hazard. A determination as to whether an employee is placed in another position or placed on paid or unpaid suspension may be based on, but is not limited to: who is responsible for and/or the severity of the accident, if applicable; the observed condition of the employee, if applicable; the employee's work history; length of employment; current job performance and the existence of past disciplinary actions. Action taken by the City under this subsection is a matter of municipal policy, and is not imposed by federal Jaw.

14. Employee/Applicant Rights and Responsibilities

I. In the event of a confirmed positive test result, employees and job applicants shall have the opportunity to present an alternative explanation for the test result by contacting the Medical Review Officer (MRO). This shall be done within 72 hours after notification of the confirmed result. No further action will be taken if there is a justified explanation, or there is a reasonable doubt as to the accuracy of the result or chain of custody of the sample.

2. Any employee with a positive test result may upon written request to the Program Administrator have the right to any information relating to the test result and procedures. A job applicant may request information concerning the test result within 60 days after the decision on his/her employment application.

3. Upon successfully completing a rehabilitation program within 6 months after it commences and upon passing a return-to-duty drug test, the employee is entitled to return to his/her previous job with full pay (but not back pay) and accrued benefits, unless conditions unrelated to the employee's previous test make the employee's return impossible or inappropriate. The rehabilitation or treatment provider in consultation with the Program Administrator shall determine whether the employee has successfully completed in the rehabilitation program. The City is not required to hold the employee's job open for more than 6 months after the employee commences a rehabilitation program. The employee may apply accrued vacation and sick leave, if any, against any time period where he or she is unavailable for work due to drug abuse rehabilitation.

15. Confidentiality of Information

Unless the employee or applicant consents, all information acquired by the City in connection with the testing processes is confidential and may not be released to any person other than to the employee or applicant who is tested, the Program Administrator, officials with a need to know, and the rehabilitation provider. The foregoing shall not prevent the release of information that is required or permitted by state or federal law, or the use of information in any grievance procedure, administrative hearing or lawsuit relating to the imposition of the test or the use of the test results.

16. Documents Provided

45 The City will provide each person subject to this policy a copy of the policy. The Cit y will also provide printed material, which describes the effects of alcohol and/or controlled substances on the individual's health, work and personal life, as well as information on the signs and symptoms of alcohol or controlled substances and methods of treatment or intervention for drug or alcohol abuse.

Section 22. Sexual and Other Unlawful Harassment

It is the policy of the City of Ellsworth that all employees have the right to work in an environment free of sexual and other forms of unlawful harassment. The City of Ellsworth will not tolerate any form of sexual or other unlawful harassment by supervisors, co-workers, customers or suppliers against any employee of The City.

Sexual harassment is illegal and is defined as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

The following are types of conduct that may constitute sexual harassment:

- Slurs, jokes or degrading comments of a sexual nature - Unwelcome sexual advances - Suggestive or lewd remarks - Unwelcome hugging, touching or kissing - Requests for sexual favors - Repeated offensive sexual flirtation or propositions - The display of sexually suggestive pictures or objects - Repeated unwelcome physical contact or touching such as patting, pinching or constant brushing against another's body.

This policy prohibits any overt or subtle pressure for sexual favors including implying or threatening that an applicant's or employee's cooperation of a sexual nature (or lack thereof) will have any effect on the person's employment, job assignment, wage, promotion, or any other condition of employment or future job opportunities. This policy also prohibits any conduct based on sex or other protected categories, which creates an intimidating, hostile or offensive work environment.

This policy also prohibits illegal harassment on the basis of any other protected category, such as race, color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin.

Any employee who feels that he or she is the victim of sexual or other illegal harassment or who has knowledge of such behavior occurring toward another person should immediately report the matter to his or her supervisor, Department Head, or the City Manager.

Any questions regarding this policy should be addressed to the employee's Department Head. No employee will be retaliated against for reporting sexual or other illegal harassment.

CHAPTER X - Additional Provisions

Section 1. Interpretation of Language

46 The masculine pronoun, wherever used, is interpreted to include the feminine pronoun as well.

Section 2. Review and Amendments

This Personnel Ordinance shall be reviewed periodically by the City Manager and proposed changes to the ordinance shall be submitted to the City Council. An amendment to this ordinance may be adopted by a majority vote of the City Council.

Section 3. Severability

If any article, section or provision ofthis ordinance should be found to be invalid or unenforceable by decision of the courts, only that article, section or provision specified in such decision shall be of no force and effect and such decision shall not invalidate any other article, section or provision.

Section 4. Applicability and Inconsistency

Except where enumerated in this section, this ordinance shall apply to all City employees, including those covered by collective bargaining agreements.

I . Where the specific language in a collective bargaining agreement conflicts with the language in a section of this ordinance, the collective bargaining agreement language shall prevail.

2. Where the City Council has voted to adopt a different policy for individual cases, the City Council vote shall prevail.

Provisions of this ordinance shall be applicable to employees of collective bargaining units to the extent that they are not inconsistent with the language contained within those agreements. In the event that sections of the personnel ordinance conflict with provisions of collective bargaining agreements the City shall negotiate the impact of the personnel ordinance language or allow the collective bargaining agreement language to prevail. Any provisions of this ordinance that are found to be inconsistent with other general policies or contractual agreements approved by the City Council shall be automatically amended to be consistent.

CHAPTER XI - Special Provisions Applicable to Highway Department Employees Repeal entire section per Attorney Hamer

The following provisions shall apply to employees of the Highway Department. In the event of a conflict between CHAPTER XI and CHAPTERS I through X of the Personnel Ordinance, the provisions of CHAPTER XI shall prevail.

ARTICLE 1. SENIORITY

Section 1. The City shall establish a semonty list by job classification for the Highway Department employees covered by this Ordinance, listing the employee with the greatest seniority first. Seniority shall be based upon the employee's continuqus length of service with the City in the Highway Department as of the last date of hire as a full-tllile Highway Department employee. The seniority list shall be posted annually on the bulletin board on January 2 for a period of not less than thirty (30) days, and a copy thereof shall be made available to the employees. Any objection to the seniority list as posted must be reported to the Foreman within ten (I 0) days from the date of posting. Objections made after ten (10) days from the date of posting shall be deemed waived and the seniority list shall be deemed to be accepted.

47 Section 2. For the purpose of computing continuous service, it is agreed that time spent by an employee on vacation or sick leave or holidays, shall be included in the computation of continuous service as time worked. Absence due to disability of more than one (1) year's duration shall not be included in the computation of continuous service as time worked.

Section 3. Vacancies. In the event that the City determines that a job vacancy exists, it shall be posted on the bulletin board for a period of five (5) working days. Qualified employees are encouraged to submit applications for the vacancy. In selecting a person to fill the vacancy, the City shall select the person who is most able and most qualified. Where ability and qualifications are equal among several candidates, an employee' s seniority will be recognized as the controlling factor.

Section 4. When a plow route becomes available, an interested employee may submit a written request to be assigned to the route. The Foreman will consider seniority as one factor in assigning the route. The ultimate decision will be at the discretion of the Foreman.

ARTICLE 2. LAYOFF

Section 1. In cases of layoffs, the employer shall layoff the least senior employee(s) within classi fication(s ).

Section 2. Employees shall be recalled from layoff according to their seniority. No new employees shall be hired until all employees on layoff status have been afforded recall notice. Employees shall remain on the recall list for twelve (12) months from the date of layoff. Employees will be recalled by certified letter, return receipt requested, at their last known address. Failure to respond to the notice or to return to work at the time specified in the notice waives further rights to recall.

ARTICLE 3. PROBATIONARY PERIOD

All new employees hired shall serve a probationary period of six (6) months. During the probationary period, an employee may be terminated without cause. Additionally, such an employee may not file a grievance for a termination during the probationary period.

ARTICLE 4. SEASONAL & PART TIME EMPLOYEES

The City may hire seasonal or part time employees from time to time as conditions warrant it.

ARTICLE 5. HOURS OF WORK AND OVERTIME

Section I. Work Week. The regular workweek shall be forty-five (45) hours, which shall consist of five nine-hour days. The Foreman may alter work schedules as necessary.

Section 2. Overtime Rate of Pay. Each employee shall be paid at the rate of time and one-half of his regular hourly rate for all hours worked over forty (40) in one week. For the purposes of computing overtime, holidays shall be included as hours worked.

48 Section 3. Rest Periods. All employees' work schedules shall provide for a 15-minute rest period during each morning and afternoon shift. The rest period shalJ be scheduled at the middle of the shift whenever this is feasible.

Section 4. The usual unpaid lunch period shall be from 11 :30 AM to 12:00 NOON with the understanding that the circumstances and conditions may require a different time.

ARTICLE 6. HOLIDAYS

Section 1. Holidays Recognized and Observed. The following holidays shall be recognized and observed as paid holidays:

I. New Year's Day 2. Martin Luther King Day 3. Washington's Birthday 4. Memorial Day 5. Independence Day 6. LaborDay 7. Columbus Day 8. Veteran's Day 9. Thanksgiving Day I 0. Day After Thanksgiving 11. Christmas Day

Jn addition to the above listed paid holidays, each employee shall be granted one addition paid holiday to be known as a "Floating Holiday," which Floating Holiday shall be selected by the employee with the approval of the foreman.

Employee shall receive one day's pay for each of the holidays listed above on which they perform no work.

Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shal1 be observed as the holiday. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday.

For the purposes of computing overtime pay, holidays shall be counted as nine (9) hour days.

Section 2. Eligibility Requirements. Employees shall be eligible for holiday pay under the following conditions:

a) The employee would have been scheduled to work on such day if it had not been observed as a holiday; unless the employee is on a day off, vacation, or sick leave.

Section 3. Holiday Work. If an employee works on any of the holidays listed above, in addition to his holiday pay, he shall be paid for all hours worked.

ARTICLE 7. CALL BACK/ON CALL

49 A. Call Back - Employees called back to work shall receive a minimum of three (3) hours pay for the work for which they are called back. This provision shall apply only when such call back hours result in hours worked which are not annexed to one end or the other of the working day.

B. On Call - Two (2) employees per week from November 1 through April 15 will be on call for minor call back requests (requests that do not require the full crew to participate). Each employee shall receive $100.00 for the week of on call duty.

The Highway Department employees shall establish an on call list of two (2) man teams that shall be responsible for coverage when it is not necessary to require the full crew. If the employees are unable to agree or do not provide a list, the Forman will prepare a list. The Team list and rotation shall be provided to the Highway Department Foreman, the HR Manager and the Ellsworth Police Department. One phone number for each person on the team shall be provided. Once one person on the team is contacted, it shall be their responsibility to contact their teammate.

Once this list has been established, it shall be mandatory to participate in the rotation until any new employee is hired to the Department for replacement to assure continuity.

If for any reason an employee is unable to fulfill the obligation for their week it shall be their responsibility to find their replacement for the entire week, and they shall forfeit the stipend to their replacement for that week, unless their absence is due to an unforeseen emergency. In the case of an unforeseen emergency, the Foreman shall request a volunteer replacement until the situation is evaluated.

Failure to be available on your rotation without authorization may lead to disciplinary action.

ARTICLE 8. SICK LEAVE

Section 1. Allowance. Any employee contracting or incurring any non-service connected sickness or disability, which renders such employee unable to perform the duties of his employment, shall receive sick leave with pay, if they have the accumulated sick leave time on the books.

In the event of sickness or disability in the employee's family, i.e. spouse, domestic partner, parent, children, the employee shall also be granted leave with pay from their accumulated sick leave time. Employees shall be limited to five (5) days of sick leave each calendar year for family illness or disability. At the sole discretion of the City Council, an employee may be permitted to use more than five days of sick leave per year for family illness or disability. The City Council shall review a request for extended family illness leave on a case-by-case basis, and the City Council's decision shall not be subject to the Grievance procedure of Article 16.

For the purpose of this article and the remaining contract, domestic partner shall mean a partner with which the employee has a spousal-type relationship where partners have co-habited for a consecutive six (6) month period.

Employees shall be allowed one day of sick leave for each month of service. An employee in any month in which the employee is compensated for ninety-six (96) or more hours of work shall earn sick leave.

50 For the purposes of computing overtime pay, sick leave days shall be counted as nine (9) hour days.

Section 2. Accumulation: Employees shall start to earn leave from their date of employment and they shaJI accumulate sick leave up to one hundred twenty ( 120) days, (1 ,080 hours).

Section 3. Unused Sick Leave: Employees shall not be compensated in cash for any unused sick leave when they are separated from employment except in the case of retirement where one half of unused sick leave will be compensated at the then prevailing rate of pay.

Section 4. Family Medical Leave Act. Twelve (12) Month Period - means a rolling twelve (12) month period measured backward from the date the leave is taken and continuous with each additional leave day taken.

ARTICLE 9. VACATIONS

Section 1. Each regular, full time employee shall earn paid vacation time based upon an employment anniversary year.

Upon successful completion of one (1) year of service, an employee shall be entitled to two (2) weeks and one day (99 hours) ofpaid vacation.

After completing six (6) years of service an employee shall be entitled to three (3) weeks and one day ( 144 hours) of paid vacation each anniversary year.

After completion of thirteen (13) years of continuous service, an employee shall be entitled to four (4) weeks and one day (189 hours) ofpaid vacation each anniversary year.

After completion of nineteen (19) years, an employee shall be entitled to five (5) weeks and one day (234 hours) ofpaid vacation each anniversary year.

Section 2. Vacations shall be scheduled by the Foreman in accordance with the needs of the department. Depending upon the department's needs, the Foreman shall schedule vacations in accordance with the expressed preferences of the employees. When a conflict exists between the expressed preferences of two or more employees, the expressed preference of the employee with the greatest seniority within the job classification shall be given first consideration.

On the employee's anniversary date, any remaining vacation time shall be paid to the employees Retirement Health Savings Plan per Article 14.

Section 3. For the purposes of computing overtime pay, vacation days shall be counted as nine (9) hour days.

ARTICLE 10 OTHER PAID LEAVES

Section I. Severance Pay. After an employee has served two (2) years of continuous service, the City will pay severance pay equal to two (2) weeks' pay in addition to accumulated vacation pay if the employee is either:

51 1. Involuntarily tenninated from employment; 2. Retires for health reasons; or 3. After twenty years of service; or 4. Upon or after reaching age sixty.

Section 2. Family Death. In the event of a death in the family of an employee -- spouse, parents, children, brother, sister, grandparents, father-in-law, mother-in-law, brother-in-law, sister-in-law, or domestic partner, the employee shall be granted three (3) days leave of absence with full pay to make household adjustments, arrange for medical services, or to attend funeral services. In the case of a non-relative living in a household, before said family death leave can be granted it must be reviewed and approved by the City Manager.

Section 3. Jury Duty. Employees shall be granted a leave of absence with difference in pay between regular pay and jury pay any time required to report for jury duty or jury service. Employees who are dismissed on or before noon from Jury Duty shall be required to report to work.

Section 4. Short Term Unpaid Leave. Employees may be granted up to ninety (90) hours per year of short term unpaid leave with Foreman recommendation and City Manager approval. No short term unpaid leave will be granted that exceeds forty-five (45) consecutive hours and no short term unpaid leave will be granted between November 1 and the last day of February.

ARTICLE 11. WORK OUT OF CLASS

Employees assigned to work outside of their classification shall be paid the wage rate established for that class or their own wage rate, whichever is higher.

During a scheduled absence of the Highway Foreman, one (1) person may be assigned the classification of "Crew Leader" for the duration of the absence. The "Crew Leader" shall be reimbursed with a stipend of$ J .00 per hour.

ARTICLE 12. WAGES

The employee's regular hourly rate of pay shall be established as shown in Appendix A attached.

1. Step A to Step B is one ( 1) year. 2. Two (2) years to move between Steps B and each succeeding step to Step H. 3. Seven (7) years to move from Step H to Step l. 4. Kevin Sawyer shall receive Equipment Operator pay while working as a welder. 5. The City agrees to award each employee who is a non-smoker a $75 bonus to be paid in June of each year.

6. The City will pay 85% contribution toward a membership to an Ellsworth area Health club for employees who choose to improve their physical condition up to $250 per year.

ARTICLE 13. INSURANCE AND PENSION

52 Section I. Each employee enrolled in one of the health insurance plans offered by the City will contribute weekly towards the premium at a rate yet to be determined.

Section 2. The employee may elect to participate in the International City Management Association Retirement program offered by the employer in lieu of the MainePERS program offered by the City. The Employer's contribution shall be 7.25%. The employee shall contribute no less than 6.5%. The employees may opt to participate in the available MainePERS plan, at a rate set by MainePERS annually on July l.

ARTICLE 14. RETIREMENT HEALTH SAVIN GS

The City shall establish an ICMA Retirement Health Savings (RHS) Plan that will be funded as follows:

• Employees shall contribute I% of their gross wages to the account through a payroll deduction. • The City shall contribute : • 2.5% of the employees yearly gross wages • If the employee limits use of sick time to four days or less per year, the City will contribute three days to the RHS account. • At the end of each employment year, any unused vacation time will be contributed. • Employees shall be eligible to make withdrawals from the current RHS account upon separation from the City of Ellsworth. Or at age fifty-five (55), if they were enrolled in the original RHS plan

ARTICLE 15. DISCIPLINE AND DISCHARGE

See CHAPTER VIII, Section 1.

ARTICLE 16. SETTLEMENT OF DISPUTES

See CHAPTER VIII, Section 2.

ARTICLE 17. GENERAL PROVISIONS

Section I . AJl references to employees in the Ordinance designate both sexes, and wherever the male gender is used, it shall be construed to include male and female employees.

Section 2. The City may pay up to $11.50 towards the purchase of a meal by each employee working at a "mealtime" during a snowstorm or other emergency as this term is defined below. Instead of paying the meal allowance, the City may allow an employee to go home for the meal, or the City may provide a meal. The City may develop a voucher or receipt system to document the purchase of meals. All meals provided under this section shall be bought within the City limits of Ellsworth. Meals may be bought outside the city limits when the employee is required to be out of Hancock County on City business at least one hour before or after the regular noon mealtime. The Highway Foreman shall declare a "mealtime". It is the intent of the City to provide a meal to

53 employees who have been working in an emergency and beyond the normal work schedule, and in particular, snowstorms, when the employee would otherwise be eating supper or breakfast at home. The Foreman shall declare a "mealtime" when, in his opinion, there is the likelihood employees will continue to work three hours beyond the "mealtime." The "mealtime" for supper shall be 6:00 PM, and the "mealtime" for breakfast shall be 6:00 AM. In the case of breakfast, a "mealtime" shall be declared only if employees had been continuously at work since 4:00 AM. The Foreman shall adjust the time when a meal shall be eaten to fit the circumstances. Employees may have up to 20 minutes "on the clock" to eat a meal declared under this policy.

Section 3. The individual designated as the mechanic shall receive an annual tool allowance of $250.00. The City will provide theft insurance for the mechanic's personal tools kept at the city garage.

The City agrees to provide certain commonly used basic tools for employee use. The City shall have the sole discretion regarding which tools to provide, but will accept suggestions from employees. The City shall have the sole discretion whether to replace lost tools. Tools must be signed out for use from the Department Head or his designee. An employee signing out a tool is responsible for the return of the tool.

Section 4. Protective Clothing. The Employer shall furnish protective clothing, such as rain suits or any type of protective device to the employees.

Section 5. Clothing Allowance. The City will provide each employee with four (4) summer weight shirts and four ( 4) winter weight shirts, so that an employee will have a total of eight (8) shirts at all times. If a shirt wears out, an employee may tum it in for a new shirt. The City will also reimburse each employee up to $150 per fiscal year for the purchase of other protective clothing, limited to work pants and outerwear such as jackets and headgear. The City logo shall be displayed on all protective clothing. In addition, the City agrees to reimburse each employee up to $300 per year for the purchase of appropriate safety-toed footwear.

Section 6. Protective Eyewear. The City will furnish each employee who wears prescription eyeglasses with 2 pair of Prescription Safety Glasses per three (3) year period. The cost of these glasses shall not exceed $200 each. The second pair of protective wear shall be reimbursed only with the approval of the Highway Foreman.

Section 7. Flu Shots. Highway Department employees shall be provided yearly flu shots at the City's expense, if an employee chooses to have a flu shot. Flu shots are completely optional.

ARTICLE 18. EQUIPMENT TRAINING PROGRAM

The City will offer twelve (12) training sessions per year to train on equipment. Any interested employee will be required to sign up no later than the Friday before the scheduled training day requesting to participate and on what piece of equipment they want to be trained. If more than one piece of equipment is requested, the Foreman will select one of the requested pieces of equipment for training that month. If no employees sign up for a session, the City shall not be required to hold that session. Scheduling of the training session is contingent upon several variables including but not limited to the availability of the piece of equipment and the weather.

54 The City will provide notice to the Employees of its intent to purchase capital equipment (cost over $ 10,000) for the Department. The Employees may provide written comment within ten (10) work days to the Department Head or his designee, who will then provide it to the City Council.

ARTICLE 19. WORK RULES

Section 1. The employer may establish new rules, regulations, and changes in rules that do not violate the specific terms of this Ordinance.

Section 2. When existing rules and regulations are changed or new rules promulgated, they shall be posted for ten (I 0) consecutive work days before becoming effective.

Section 3. Employees shall comply with all reasonable work rules.

Section 4. Any unresolved complaint as to the reasonableness of any new or existing rule, or any complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure.

ARTICLE 20. MANAGEMENT RIGHTS

Section 1. The Employer retains all rights and authority to manage and direct its employees, except as otherwise abridged, modified, or delegated by the provisions of this Ordinance.

Section 2. Such rights shall include but not be limited to the operation and management of the department, hiring, directing, transferring, promoting, suspending and discharging for just cause, or otherwise disciplining employees. Further, management has the right to reduce or expand the work force, establish work schedules, introduce new and/or improved or changed methods of work or facilities, and to establish, change or eliminate jobs, work tasks, or positions.

Section 3. The Employer's not exercising any function or right hereby reserved to it, or the exercising of such functions in a particular way, shall not be deemed a waiver of its rights to exercise such function or preclude the Employer from exercising the same in some other way not in conflict with the provisions of this Ordinance.

Section 4. Nothing in this Article shall be construed to deprive the employees of any rights specifically set forth in this Ordinance, or to deprive them of the right of the grievance procedure herein.

ARTICLE 21 . ADDITIONAL PROVISIONS

The following Side Letters of Agreement between the City of Ellsworth and the Ellsworth Highway Unit Council #93 , AFSCME, AFL-CIO, are incorporated herein by reference. To the extent that there is any conflict between a Side Letter and this Ordinance, the language contained in a Side Letter shall control.

I. Side Letter regarding the Highway Foreman, attached hereto as "Side Letter I";

2. Memorandum from Michelle Beal, City Manager, to Adam Wilson, Unit Chair, dated December 3 1, 2013, regarding ICMA RHS Plan, attached hereto as "Side Letter 2"; and

55 3. Side Letter regarding the Harbor Master/Equipment Operator/Truck Driver, attached hereto as "Side Letter 3".

56 ......

SIDE LETTER AGREEMENT FOR THE COLLECTfVE BARGAINCNG AGREEMENT

BETWEEN

CITY OF ELLSWORTH

AND

ELLSWORTH HIGHWAY UNIT Council #93, AFSCME, AFL-CIO

The City of Ellsworth {"City") and the Ellsworth Highway Unit represented by Council #93 AFSCME. AFL-CJO ("Union"), have an existing labor agreement ("Agreement") signed in 2011 which covers certain employees in the City's Highway ·Department. The Highway Department is supervised by a Highway Foreman.

According to Appendix A of the Agreement, employees are classified as either Equipment Operators or Truck Drivers. Following a meeting on May 16, 2012, the City and Union agreed, by a Side Letler, tO include the position of "Harbor Master/Equipment Operatorffruck Driver" in the unit. Collectively, the employees are "Bargaining Unit Members."

On October 18, 2012, the City and the Union met lo discuss and negotiate the various aspects of !he duties of the Highway Foreman. The City and the Union agreed to the folJowing:

• The City agrees to create an additional Equipment Operator position and fill the position with a qualified individual pursuant to the Agreement. ·

• The position of Highway Foreman is recognized to be a supeIVisory position and exempt from coverage of the Agreement.

• The Highway Foreman will not be included on the Overtime Call List for Bargaining Unit Members.

• The Highway Foreman is primarily responsible for operating the grader during snowstorms. At the conclusion of snowstorms, if additional clean up is necessary, Bargaining Unit Members qualified by management to operate the grader in those conditions will be primarily responsible for any grader work that is necessary during the "Work Day" as defined in Article 9 of the Agreement. If no qualified Bargaining Unit Members are willing and able to perform the grader work, the Highway Foreman wm perform the grader work.

57 • Excepl in situations where there are no qualified Bargaining Unit Members willing and able to perform Overtime work, and except during snowstorms involving grader work, the Highway Foreman will not perfonn Bargaining Unit work outside of the "Work Day" as defined in Article 9 of the Agreement.

It is the Parties' intent that any employment issues not addressed by this Side Letter are to be governed by the Agreement and City personnel policies.

For the Union:

esentative

Date: _L.../VGZ_-11'.-J~i::....· _ )L-_ -<-L... :=?....:z.. _

'·

58 J1.!1?J_,~~JA City Manager l;~f~~+-~~~~~~~~~~~J-C-ity--:H~w~lP_l_aza~•~E~lls_w_o_rth_,_ME.::_--04~6705~-~19~42::'4 EU.s\VORJH Phone (207) 669-6616 • Fax (207) 667-4908 Business, I..eisurc: life. www .ellsworthmaine.gov MEMO

To: Adam Wilson, Unit Chair, Ellsworth Highway Unit Council #93 From: Michelle Beal, City Manager l)ate: 12/J 1/2013 Re: ICMA RHS Plans

This letter is to memorialize an understanding regarding a change to be made to the Retirement ·Health Savings Plan (RHS) provided by ICMAIR.C and its affect on the existing labor contract between the City of Ellsworth and the Ellsworth Highway Unit Council #93 which is affiliated with the AFSCME, AFL-CIO,

Certain provisions of 1he Patient Protection and Affordable Care Act require that the City make changes to the existing RHS Plan to ensure that the plan remain in compliance with a prohibition on annual lifetime limits. There is a provision in the Affordable Care Act.that limits healthcare reimbursements to retirees only for those plans that are restricted to the available amount in an employee's account. This means that after December 3 J, 2013, RHS account funds will no longer be available to employees while they are still employed by the City; money can only be accessed at the time that employment with the City has ended.

According to the guidelines recently released by the Department of Health and Human Services, Department of Labor, and lntemal Revenue Service the City has the following plan design change options:

1. Amend the RHS Plan so that medical expense reimbursements may only be received following separation from employment with lhe City. 2. Establish a new retiree-only RHS Plan for contributions made after December 31, 2013. The balances in the existing RHS Plan would be exempt from the retiree provision which means that funds that are in the existing RHS Plan as of December 31, 2013 would be grandfathered and could be used for healthcare reimbursement by the employee before employment ends.

59 • J ,

3. Amend the RHS plan so lhat only medical expense reimbursements allowed are for "excepted" benefits such as dental and vision. Regular healthcare costs would not be eligible for reimbursement.

The City and Union a:re in agreement that the best so.lution to this issue is option 2. The City will set .up new RHS accounts for current employees and will maintain the existing RHS accounts {"Grandfathered RHS Accounts") separately. However, no contributions will be deposited to these Grandfathered RHS Accounts after December 31, 2013 ..

The Union and its members acknowledge that there is a provision in Article 17-A of the Union contract that states the following; "Employees shall be eligible to make withdrawals from RHS accounts upon separation from the City ofEllswor th or at age fifty-jive (55). " Notwithstanding the words of this provision, the Union, its members, and the City ofEllsworth agree that the "age fifty-five" provision is available only to those employees with a balance in their Grandfathered RHS Accounts, ifany, until the balance is depleted.

The Union, its members, and the City of EUswortb agree that this letter serves as an understanding of the mutually agreed upon change to the RHS plan and any required wording change to the Union contract pertaining to this issue will be discussed during the next contract negotiations.

For the City: For the Union: (

60 SIDE LETTER AGREEMENT FOR THE <;OLLECTIVE BARGAINING AGREEMENT

BETWEEN

CITY OF ELLSWORrn

AND

ELLSWORIB HIGHWAY UNIT Council #93, AFSCME, AFL-CTO

The City of Ellsworth ("City") and the Ellsworth .Highway Unit represented by Council #93 AFSCME, AFL-CIO ("Union"), have an existing labor agreement {"Agreement") signed in 2011 which covers certain employees in the City's Highway Department. According to Appendix A of the Agreement, employees are classified as either Equipment Operators or Truck Drivers.

The City has had a full-time seasonal harbor master position. The City proposed modifying the harbor master position by combining it with a position in the High.way Department. When the harbor is open, the expectation would be that the individual would work exclusively at the harbor. Once the harbor closes, the employee would work within the .Highway Departmen1.

On May 16, 2012, the City and the Union met to discuss and negotiate the inclusion of this position in the existing Agreement. The City and the Union agreed to foUowing specific provisions regarding this position

• The position will be called "Harbor Master/Equipment Operator/Truck Driver"

• A wage scale will be created with Steps A through I as set forth in the existing Agreement for Equipment Operators. Effectiye July 1, 2012, the wages for the position will be $.35 per hour greater than th.e wages for Equipment Operator effective July I, 2012 for each Step. Effective July 1, 2013, the wages for the position will be $.35 per hour greater than the wages for Equipment Operator effective July I, 2013 for each Step.

• From May 151h until the harbor closes, but not later than October 31 11 of each year, the employee will work exclusively at the harbor. The hours for the position will be 9 hours per day from 8 a.m. until 5 p.m. During the remainder of the year, the individual's hours are governed by Agreement as set forth for Equipment Operators and Truck Drivers.

• From May 15th until the harbor closes, but not later than October 31 51 of each year, the work week is from Sunday to Thursday. During the remainder of the year, the individual's hours and working conditions are governed by the Agreement as set forth fur Equipment Operators and Truck Drivers. However, on an as-needed basis during this period of the year, the Harbor Master/Equipment Operator/Truck Driver may be required to perfonn off-season duties related to maintaining the harbor.

61 • The City will. supply a golf-style shirt to the employee in this position for wear while working at the harbor. The employee shall supply other appropriate attire that meets applicable safety regulations

• While working at the harbor, the Harbor Master/Equipment Operator!fruck Driver shall have access to the harbor ma~ter boat to fulfill duties.

• While working at the harbor, the Harbor Master/Equipment Operator/Truck Driver may be required to work overtime. However, for overtime that is not required to be performed by the Harbor Master/Equipment Operator/Truck Driver himself or herself, the City reserves the right to assign that overtime work to part time employees or others, at the City's sole discretion.

• For non.City special events at the harbor, the Harbor Master/Equipment Operator/Truck Driver gets first choice to fulfill this work. The Harbor Master/Equipment Operator!fruck Driver will be paid $30 per hour for this work. If the Harbor Master/Equipment Operator/Truck Driver declines this work, the work will then be offered to part time employees. If part time employees decline this work, it will then be offered to other employees in the Highway Unit. If the work remains unfilled after this, the Harbor Master/Equipment Operatorffruck Driver shall be required to perform this work.

• 111e Harbor Master/Equipment Operator/Truck Driver does not pave supervisoty responsibilities. ( '· The Harbor Master/Equipment Operatorffruck Driver is supervised by the Public Works Director.

• The Parties agree that the position may be advertised to the public, but the position shall be posted and filled per ARTICLE 4 Section 3 of the Collective Bargaining Agre.ement. The. City has exclusive right to determine who shall be hired for this position.

It is the Parties' intent that any employment issues not addressed by this Side Letter are to be governed by the Agreement and City personnel policies. Furthennore, the Parties recognize this is a new and unique position, and that issues may arise that were no1 foreseen. The 'Parties agree it is in their mutual interest to resolve any issues that arise and agree to panicipate in labor management meetings, as necessary, in an effort to resolve such issues.

For the Union:

Dated Dated

(ll07~'110J JOl16o060171)

62 Jdi Water Department Superintendenl ~-ELLSWOR...TH I City Hall Plaza + Ellsworth, ME 04605-1942 Business, Ldsure, Life. Phone (207) 669-6616 + Fax (207) 667-4908 www .el lsworthmai ne.gov MEMO

To: Ellsworth City Council Members

From: Reggie Winslow

Date: August 6, 2020

Re: SCADA

Ellsworth City Council Members,

I am requesting to purchase a SCADA system through Inductive Automation, the SCADA system is called Ignition. Inductive Automation is the only company that produces and sells Ignition. This system is web based, and will accept a multitude of devices, drivers and will work with almost any software programs such as Windows, Linex, Apple and Android. Our current system is sole proprietary and will only work on their systems. The Water Department, l.T. Department will have the ability to do the majority of the work "in-house" once the system is installed. The cost of the Ignition SCADA system is as follows:

Ignition Custom Package: $15,800.00

Backup server: $7,900.00

Basic Care Contract, 1 year term: 3,792.00 If the council approves I suggest the following motion: Move to approve the purchase of Ignition SCADA System through Inductive Automation with a total cost of $27,492.00 Thank you,

Reggie Winslow Superintendent City of Ellsworth Water Department Inductive Automation Ignition SCADA System Breakdown 1) Custom Package. (primary server) $15,800. a) Perspective Module b) Symbol Factory c) Alarm Notification Module d) SQL Bridge Module e) Tag Historian f') Voice Notification g) Voice Notification Module h) Modbus Driver Module i) SMS Notification Module j) Allen-Bradley Drivers Module k) Control Logix v21+ Driver 2) Custom Package (Back Up Server) $7,900 a) Contains everything in the Primary Server package listed above 3) Basic Care Contract. 1 year term. $3, 793 a) Does not include phone support. Best for customers who want access to technical support reps via email, but don't require issues expedited via phone support. b) Includes email support and free upgrades to any modules purchased.

• The main issues with the current SCADA system. • The Server was installed 10 years ago (2010). • The last hardware failure related to the machine resulted in a fu]J day of being down. Multiple days to get back to 100% functionality. • The server runs Windows 7 which is no longer supported by Microsoft and is no longer receiving security updates. Most conservative replacement cycle do not extend beyond 7 years. Ignition Package Contents

Unlimited:

• Ignition Platform: Ignition is the world's first truly universal industrial application platform. It will enable the Water Dept. to connect all of our data across our entire Treatment and Distribution systems. The availability to quickly develop an automation system. • Tags & Designers: I. Tags: Unlimited tags; this gives us the ability to have any tag we would possibly need for any device, OPC servers without limit. 2. Designers: Ignition comes standard with the Ignition Designer. We can launch an unlimited number of designers and will have the ability for multiple people work on the system simultaneously on the same project at the same time. • Vision Clients: A visualization of the Plant floor and desktop screens. We will be able to launch unlimited rich web-deployed clients anywhere on the network. Display charts, graphs, trends, HMI screens ect .. • Perspective Clients: Visualization for mobile-responsive applications for monitoring and control using HTML5. Standard: Ignition Basic $10,800 • OPC-UA Server Module: Connects to most major PLCs (programmable logic controllers) with the Ignition OPC-UA module. This module serves as a totally cross-platform OPC-UA with open pluggable driver system. • Tag Historian Module: Turn a SQL database into a high-performance time-series tag historian • Symbol Library: Thousands of premade industrial and manufacturing symbols. • Alarm Notification Module: The ability to configure how, why and when alarm notifications are delivered, manage alarm notification for groups of users and send notifications via email. • Allen Bradley Drivers: Ability to connect to the following device families. CompactLogix/ ControlLogix (including v2 l + ), MicroLogix Family, SLC 500 System and PLC-5 System.

Ignition Pro $20,850

• Siemens Driver: Connect to Siemens SIMATIC 57-300, S7-400, 57-1200 and 57- 1500. • Reporting Module: Easily create database driven PDF reports with pixel perfect layouts. • SOL Bridge Module: Easily bridge the gap between OPC data and SQL databases with flexible and powerful transaction managers. Easily log data, call stored procedures and synchronize data bi-directionally.

Ignition Ultimate: $30,250

• Voice Notification Module: Notify Users of alarms via phone call. Alarm details are annunciated using text to speech, and users can acknowledge via touch tone. Requires a VoIP system such as skype or any SIP-compatible VolP gateway. One voice included, additional voices required for multiple languages; $200/ ea. • SMS Notification Module: Notify users of alarms via text message. Reply via text to acknowledge alarms. This module requires the alarm notification module and an AirLink R V50 I RV50X or RV55I R V55X with a data and sms cellular plan (not included) • Seguential Functions Charts Module: Streamline the creation, organization and visualization of robust logic systems. • OPC COM DA+HAD Module: Connect to classic OPC servers using DCOM. For windows only. OPC DA (data access) for real-time status and control. Add OPC HAD (historical Data Access) to query third party historian products. • DNP3 Realtime Driver: OPC UA Driver Details • Enterprise Administration Module: Multiply the power of your ignition Gateways by combining them into an enterprise network. Streamline the administration, monitoring, development and commissioning process into one central location. (the controller). One EAM Module is required for every ignition Gateway on your network and can function as either the controller or agent. • Web Development Module: This module allows users to directly program against the webserver inside Ignition Gateway. Webpages can be built by hand using a combination of python programming and static web resources such as images web resources such as images, CCS files, JavaScript files and HTML files. ~ inductive QUOTE W automation Taken:August25,2020 PO Box 2030 Expires: September 24, 2020 Folsom, CA 95763 (800) 266-7798 Quote #117 4618 (916) 932-1194 (Fax)

Bill To: ,, Ship To: CITY OF ELLSWORTH, MAINE City of Ellsworth, Maine Reggie Winslow Reggie Winslow 1 CITY HALL PLZ 1 CITY HALL PLZ ELLSWORTH, ME04605-1942 ELLSWORTH, ME 04605-1942 us us

low Product Unit Price Retail PriceI Ignition Custom Package (Primary Server) Custom Package Description - Perspective Module - Symbol Factory - Alarm Notification Module - SOL Bridge Module - Tag Historian $ 15,800.00 $ 15,800.00 $ 15,800.00 - Voice Notification - English Female (Katherine) - Voice Notification Module - Modbus Driver Module - SMS Notification Module - Allen-Bradley Drivers Module • Controllogix v21+ Driver

Ignition Custom Package (Backup Server) Custom Package Description - Perspective Module - Symbol Factory - Alarm Notification Module - SQL Bridge Module 1 - Tag Historian $ 7,900.00 $ 7,900.00 $ 7,900.00 - Voice Notification - English Female (Katherine) - Voice Notification Module - Modbus Driver Module - SMS Notification Module - Allen-Bradley Drivers Module - Controllogix v21 + Driver

Basic Care Contract - 1 Year Term Does not include phone support. Best for customers who want access to 1 technical support reps via email, but don't require issues expedited via $ 3,792.00 $ 3,792.00 $ 3,792.00 phone support. Includes email support and free upgrades to any modules purchased.

THIS QUOTE, AND ANY RELATED SALE, IS NULL AND VOID IF ALTERED IN ANY MANNER BY ANYONE OTHER THAN AUTHORIZED INDUCTIVE AUTOMATION PERSONNEL. THIS QUOTE IS VALID ONLY TO THE PARTY TO WHOM IT IS ISSUED AND IS NOT VALID AND MAY NOT BE TRANSFERRED TO ANY OTHER PARTY. Retail Price $ 27,492.00 Subtotal $ 27,492.00 Sales Tax $ 1,51 2.06 Total USO $ 29,004.06

Comments: Please contact Ramin Rofagha if you have any questions. +1-916-456-1045 x251 rrofagha@i nd uctivea utomation .com Skype: ia_rrofagha

This is a quote on the product(s) named above. This item was quoted on August 25, 2020. Quote expires on September 24, 2020. Payment Terms: Net 30.

Thank you for your business!

THIS QUOTE, AND ANY RELATED SALE, IS NULL AND VOID IF ALTERED IN ANY MANNER BY ANYONE OTHER THAN AUTHORIZED INDUCTIVE AUTOMATION PERSONNEL. THIS QUOTE IS VALID ONLY TO THE PARTY TO WHOM IT IS ISSUED AND IS NOT VALID AND MAY NOT BE TRANSFERRED TO ANY OTHER PARTY. Water Department Superintendenl 1 City Hall Plaza + Ellsworth, ME 04605-1942 Phone (207) 669-6616 • Fax (207) 667-4908 www .ellsworthmaine.gov MEMO

To: Ellsworth City Council Members From: Reggie Winslow

Date: September 4, 2020

Re: Radio Meter Reading Program Bid Award

Ellsworth City Council Members,

I am requesting to purchase and accept the meter bid proposal from Ti-Sales. This meter reading system is compatible with multiple meter brands and types, including the existing meters that are already in place. If the council approves I suggest the following motion: Move to approve the purchase of the Neptune meter reading system and associated meters from Ti-Sales not to exceed $250,000. Funding from the 2019 Bond proceeds with borrowing approval through the Maine Public Utilities Commission. Thank you,

Reggie Winslow Superintendent City ofEllsworth Water Department 7. Bid Price - including length of time price is good for

Pricing is firm for the 3 (three) year contract period stated in the bid documents.

City of Ellsworth, Maine Request for Bids (1) AMR Meter Reading Equipment (2) 1300 - 5/8'' Cold Water Meters with radio (3) 15 - %" Cold Water Meters with radio (4) 80 - 1" Cold Water Meters with radio (5) 110- MIU Meter Radios

BID FORM

1. AMR Equipment-full functioning system( including Software, transmitters, handhelds , etc ):

Belt Clip Transceiver handheld device - $3333.20 Android Tablet w/ case - $280.00 N360 Software Implementation - $2,000.00 Pocket ProReader - $825.00

*we have included our annual software price in Item 4. *

2. Stand Alone Radlo(s):

$112.SO each

3. 5/8" Meters,%" meters and 1n meters: Price per each, all with built in radios. Multi-year purchase, price per each, (approx•• 500 per year, mix of sizes )

Year 1 (2020) 5/8 meter - $210.00 " meter - $274.29 1" meter· $341.43

Year 2 (2021) 19 Ti)s LES WATER and WASTEWATER SUPPLIES 5/8 meter - $210.00 % meter - $274.29 1 11 meter - $341.43

Year 3 (2022) 5/8 meter - $210.00 % meter - $274.29 1" meter - $341.43

4. Annual Fees: (Required and optional )

Neptune 360 AMR Essentials (annual fee} - $3050.00/year

5. Training:

No charge {$0)

6. Special Conditions or Restrictions:

There are no special conditions or restrictions to our proposal.

7. Deviations from Specifications: (Please enumerate. Add additional page if necessary.)

Ti-SALES meets or exceeds all specifications.

8. Warranty. Item furnished, parts and labor shall be fully guaranteed as follows: (If available)

We have included warranty sheets in our Technical Proposal.

*Please use a separate sheet of paper if needed.

9. Delivery: Technology/Software : 7 Days• will be required for delivery/install/training of the item(s) quoted following receipt of the order.

*the actual timeframe for implementation and training will depend on the M unis transfer file required for system integration• 20

Ti'1 I} SALES INC.------WATER and WASTEWATER SUPPLIES Radio(s)/Meter(s) : In stock in Sudbury MA - 1 (one) Day will be required for delivery of the item(s) quoted following receipt of the order.

All product is in stock in Sudbury, MA. We stock over $2M of Neptune product, ready for next day delivery.

I i ' , I \ Name of Com~ani"r.t:SA,l.ES-iR c;~ Signature: ' Y "---· Address: 36 Hudson Road, Sudbury, MA 01776 Name: Louis Schoolcraft II Title: Vice President Telephone: 800-225-4616 Fax: 978-443-7600 Date: September 3, 2020

Ti) SALES INC. ------w• 'A•T•E•R- an•d•w- 'A•s•r•ew- 'A•:r•ER- s•u•P•P•L•1e•s-• City of Ellsworth, Maine Request for Bids (1) AMR Meter Reading Equipment (2) 1300 - 5/8" Cold Water Meters with radio (3) 15 - %"Cold Water Meters with radio (4) 80 - 1" Cold Water Meters with radio (5) 110-MIU Meter Radios

BID FORM

1. AMR Equipment- full functioning system( including Software, transmitters, handhelds , etc): Three Thousand Five Hundred Sevety-Five Dollars and Zero Cents

2. Stand Alone Radio(s): Year 1 - $113.00

Year 2 - $117.00

Year 3 - $120.00

3. 5/8" Meters, %" meters and l'' meters: Price per each, all with built in radios. Multi-year purchase, price per each, (approx.. 500 per year, mix of sizes )

Year 1 (2020) 5/6" - $216.00 I 3/4" - $248.00 / 1" -$288.00

Year 2 (2021) 5/8'' - $223.25 / 3/4" - $257.00 / 1" - $297.25

Year 3 (2022) 5/8" - $229.50 1314" - $264.50 / 1" - $306.00 City of Ellsworth, Maine Request for Bids (1) AMR Meter Reading Equipment (2) 1300 - 5/8" Cold Water Meters with radio (3) 15 - %"Cold Water Meters with radio (4) 80 - 1" Cold Water Meters with radio (5) 110- MIU Meter Radios

4. Annual Fees: (Required and optional ) EJP Enhanced AMR Support - $3,600.00

5. Training:

No Charge

6. Special Conditions or Restrictions: No Special Conditioi:is or Restrictions

7. Deviations from Specifications: (Please enumerate. Add additional page if necessary.)

••PLEASE SEE ATTACHED PAGE*" City of Ellswol'th, Maine Request for Bids (1) AMR Meter Reading Equipment (2) 1300 - 5/8" Cold Water Meters with radio (3) 15 - % " Cold Water Meters with radio (4) 80 - l" Cold Water Meters with radio (5) 110- MIU Meter Radios

8. Warranty. Item furnished, parts and labor shall be fully guaranteed as follows: (If available)

Sensus SmartPoints- 20 Years (15 Full/ 5 Year Pro-Rated) Sensus Electronic Registers - 20 Years (10full/10 Pro Rated)

*Please use a separate sheet of paper if needed.

9. Delivery:

Technology/Software : 30 Days will be required for delivery/ilistall/iraining of the item(s) quoted following ·receipt of the order.

Radio(s)/Meter(s) : 30 Days will be required for delivery of the item(s) quoted following receipt of the order. City of Ellsworth, Maine Request for Bids (l)AMR Meter Reading Equipment (2) 1300 - 5/8" Cold Water Meters with i·adio (3) 15 - %"Cold Water Meters with radio (4) 80 - I" Cold Water Meters with radio (5) 110- MIU Meter Radios

Complete loaner pool of all equipment located in Gardiner. Maine. EJP would be to provide

24 hour response to loaner equipment requests.

N.ameofCom~neQ Signature: / _ - ~ =-- Address: ~sco rdiner, ME 04345

Name: Dan Burdin

Title: AMR I AMI Solutions Specialist

Telephone: 207-582-1851 11-800-876-1357

Fax: 207-582-5637 EXCEPTIONS

After reviewing the City of Ellsworth Water Department Water Meter Specifications, EJP has the following exceptions. These exceptions include materials that are already installed and functioning in the City of Ellsworth as Sensus is already installed throughout the system.

• Page 6 - REGISTERS -All Sensus water meter registers contain a battery. This battery has a 20- year warranty. These new electronic registers provide many benefits for utilities such as a leak, tamper, and high flow alarms. • Page 8 - RADIO METER READING SYSTEM - The Sensus FlexNet system utilizes a primary use frequency with the FCC. This allows the system to operate greater distances with more power and less noise/interference than other RadioRead systems. This Primary Use License also allows our customers to upgrade to fixed based meter reading in the simplest path. There is no cost to our customers for the use of this license. • Page 9 - The Sensus system allows up to 70 of hourly readings to be extracted via radio currently. • Page 10- The Sensus SmartPoint Battery exceeds the specification. Sensus offers a 20-year warranty with 15 years full and 5 years prorated. City of Ellsworth, Maine Request for Bids (I) AMR Meter Reading Equipment (2) 1300 - 5/8" Cold Water Meters with radio (3) 15 - %"Cold Water Meters with radio (4) 80-1" Cold Water Meters with radio (5) 110- MIU Meter Radios

BID FORM

1. AMR Equipment· full functioning syst.em( including Software, transmitters, bandhelds , et.c ) : Start-Up Cost to initiate an AMR project for the City of Ellsworth Maine consisting of Hardware. Software. Training. and }st year of hosting totals: $5410.00

2. Stand Alone Radio(e): Our transmitters are integral. built into our meter. This is incredibly favorable with our Utility Customers. saving countless time and money during the installation proce88. No need to drill, run wires. bang brackets. Additionally. our meters can be mounted in any application (horimntal, diagonal, vertical. etc.) eliminating any additional plumbing that all mechanical met.ere require. Furthermore. we do not require infield wiring or programming saving your staff hours of installation costs.

3. 5/ff' Meters, %"met.ere and 1" meters: Price per each, all with built in radios. Multi-year purchase, price per each, (approx. . 500 per year, mix of sizes)

Year 1 (2020) 5/8 Meters: $170 % Meters: $180 1" Met.era: $295

Year 2 (2021) 518 Meters: $170 % Met.ere: $180 1" Met.ere: $295

Year 3 (2022) 5/8 Meters: $175 % Meters: $185 1" Meters: $305 City of Ellsworth, Maine Requeet for Bide (I) AMR Meter Reading Equipment (2) 1800 - 5/8" Cold Water Meters with radio (3) 15 - %"Cold Water Meters with radio (4) 80-1" Cold Water Meters with radio (6) 110 · MIU Meter Radios

4. Annual Fees: (Required and optional ) Kamstrup Hosting fee's are based on the size of your svstem. Being that you are soliciting bide for 1395 meters. that eauates t.o a Hosting Fee of $1747 per year with a 3% escalator beginning in year three.

5. Training: Our Kamstrup Factorv Trained Engineer will be on site for (2) full 8 hour days to accommodat.e vour specifications for $5750. however we are confident we will not need t.o inconvenience your staff any longer than that. This price includes tying our READy Manager int.o Ellsworth's billing software platform as well

6. Special Conditions or Restrictions: AB noted throughout this specification. Please note. section "Deliverr': the dates submitted are estimat.es. We are at the complete mercy of the Ellsworth Water Distriet's bming eoftware company to provide a working billing file. Any deviation on their end will affect our ability t.o adhere t.o those estimat.es.

7. Deviations from Specifications: (Please enumerate. Add additional page if necessary.) For all reaeons etat.ed in our Cover Lett.er. we take exception to the mechanical positive dis.placement style meters. lntraeonic Met.ere are held t.o a much higher standard in the AWW A C715· 18 Standard, included in this submittal. which in tum provides the City of Ellsworth with a superior. more sustainable and accurate cash register. increasing your revenue by a minimum of 6% t;o 9% just by embracing and accepting l.ntrasonic Met.er eubmittals. City of Ellsworth, Maine Request for Bids (1) AMR Meter Reading Equipment (2) 1800 - 5/8" Cold Wat.er Meters with radio (3) 15 · %" Cold Water Meters with radio (4) 80-1" Cold Wat.er Meters with radio (5) 11 O· MIU Meter Radios

8. Warranty. Item furnished, parts and labor shall be fully guarant.eed as follows: (If available) Our submittal included a copy of our Warranty Certificat.e for your review. We ask vou compare all your submitta1s collectively. As a result. you will see that Kamstrup is the ONLY company that offers an 80% oft' list price replacement of product in Year 11 if you experience performance issues. Competitor mechanical meters only offer a 50% replacement discount. What does this mean? It means because we have a published le88 than 1% failure rate globally. that we do not int.end to receive product back in Year 11 ! Others cannot make that etat.ement. We are 10 years Full and 10 Year Prorated on our Warranty. See attached.

*Please use a separat.e sheet of paper if needed.

9. Delivery: Technology/Soft\Vare : 60-90 Days will be required for delivery/install/training of the it.em(s) quoted following receipt of the order.

Radio(s)/Met.er(s) : 2·10 Days will be required for delivery of the item(s) quoted following receipt of the order. City of Ellsworth, Maine Request fur Bids (1) AMR Met.er Reading Equipment (2) 1300 · 5/8" Cold Water Met.era with :radio (3) 15 ·%"Cold Water Meters with radio (4) 80 -1" Cold Wat.er Met.ere with radio (5) 110· MIU Met.er Radios

10. Parts & Service State the location of your parts and service department. Indicate the time (in days) that it will take for your parts to be delivered. If the company has a mobile repair unit, state the current hourly rate with applicable minimum, if any. FW Webb has over a dozen servicing locations throughout the State of Maine. with a Million Square Foot Distribution Cent.er located in nearby Londonderrv NH. This give us the ability t.o reepond to customer needs in hours vs. day and weeks like our competitors.

~ameof~r~7·~~ .c~/ S1gnatme. ~ft_ ~- 7 Address: 20 Webb Dr. Ham~ 8iJle Name: Patrick Langley Title: Water Works Specialist Telephone: 207-947-6905 Fax: 207·947·8211 Date: September 3. 2020 U Prtu.ott Tl Salts fWWtbb AMR SYSTEM I AMR Svstem AMR System I

$1,575.00 56,08.20 ss,.no.oo

!Stand Alone Radios 37 per vur of 110 tand Alont ~d ios 37 Pl'' yor of 110 Startd Alone Radios No $ubm1ss1on of Sla nd atont radios

Vearl $111.00 $4 181.00 Yeu 1 $112.SO 54,144.00 Vttrl

Year 2 $117.00 $4,129.00 Year 2 $112.00 $4,144.00 Year 2

vu , 3 $120.00 $4.440.00 Year l $112.00 $4,144.00 Year 3

Total $ 12,9SO.OO Toto! $ 12,0 2.00 Metets ...... Meters 5/ 8 l /4 I 5/ 8 l /4 I 5/ 8 l /4 I

Yur t $216.00 $248.00 $288.00 Year l $210.00 $274.29 $141.0 Ytu 1 $170.00 $180.00 $29S.OO

Year 2 $223.25 $257.00 $297.25 Year 2 $21000 $274.29 $341.43 YHr2 $170.00 $180.00 $295.00

Year l $229.SO $264.SO $306.00 YH r 3 $210.00 $274.29 $141.0 YHr 3 $175.00 S182.oo $305.00

Annual fet's Annual fet's Annual Fee's

$3,600.00 $1,0SO.OO Sl ,747.oo

T~inlng TrainiM I Traininc $0.00 $000 $5,750.00

1300 · 5/ 8• Meters ts- 3/ 4• Mettrs 80- 1" Meters 1300 · 5/ 8" Melen l S.. l / 4 Mete rs 80-1 Mett u 1300· 5/8 Mt ten 1.S· l/4 Meters 80-1 Mtttrs

434 per year of UOO S oer yo r of 15 27 peryur of80 434 per ve1r of UOO 5 Def year of 1.5 21 oer year of 80 434 DU year of 1300 Spu vear of15 27 per vn r of 80

YHrl $93,744.00 St,240.oo $7,776.00 Year l $91,140.00 $1,371.45 $9,218.61 Year l $73,780.00 $900.00 $7,965.00

Ytu 2 $96,890.SO $1,285.00 $8,025.75 Year2 $91,140.00 Sl,171.45 $9,218.61 Year2 $73,780.00 $900.00 $7,965.00

Yeul $99,603.00 $1.322.SO $8.262.00 Vearl $91,140.00 $1,371.45 $9,218.61 Yearl $75.9SO.OO $910.00 $8. 235.00

Totat(i) $290,217.SO $3 847.SO $24,063.75 Tot1l(sl $273 420.00 $4,114.35 $27,655.81 Tot11(sl $223,510.00 $2.710.00 $24,165.00

MtltrTotals Meler Totlls MtttrTotlts

$318,148.75 $305,190.U $250.385.00

Proiec:t Totlls) vcar oomofrrtlon Prolect Totals J ve•r comDtetlon Pf'ftl.ft Totals3-aroom1Hetion

$131,273.75 $327,110.l& $261,292.00

ProJect Totils 1 YHr C.Omoletlon ProJect Tot1l1 l Yur C.ompletlon Proled Tot81• 1 YNr C.Omp M:don

$127,165.00 $321,241.95 $257,112.00 Rtquires ldditlon1I prucMse of 20 • 1 l/Z- mettrs ind 1'2 • r meters. Approx 590,000 cdcUdonoiY. SPE.Clf'ICATIOSCRITERIA lolf:T A.'I" '•A!lll t.,.-w1 .. AlJH.,,w.•rcMW•""f'•t>t>lt ~1.W. ..11'- ed >uk•fl4

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E.J PteKOl,IS..ilLu

~·'"'•• ... CITY OF ELLSWORTH WATER DEPARTMENT WATER METER SPECIFICATIONS 2020 Meter Reading Program

The specifications within this document are to implement a new meter reading program to the City of Ellsworth. Any and all bidders shall adhere to this document when considering to submit a bid to the City of Ellsworth Water Department.

Reggie Winslow Water Department Superintendent [email protected] SECTION l

BIDDER EVALUATION CRITERIA

The successful Bidder must demonstrate its ability to deliver a RF AMR system that adheres to the specifications outlined in this document, to support the RF AMR system on an on-going basis, and to provide, as references, three (3) other water utilities where the RF AMR system has been installed and is operating successfully with-in the Northeastern United States. Proposals will be evaluated according to the selection criteria established within this document.

EVALUATION CRITERIA

Any Bidder submitting a proposal must satisfy the m1mmum criteria listed in the evaluation criteria form. Proposals which do not demonstrate compliance with minimum criteria will not be considered further.

Proposals will be reviewed and evaluated in accordance with the criteria listed below, in no specific order. Bidders are required to submit information on all these criteria:

1. Experience 2. References (three (3) required of similar size systems) 3. General System Requirements 4. Meter compliance with outlined specifications 5. Register compliance with outlined specifications 6. RF AMR module compliance with outlined specifications 7. Bid Price-including length of time price good for 8. Annual Software Maintenance Fee 9 . Mobile AMR System and the migration path to Fixed Network 10. Project Management and Implementation Plan 11 . Support Services and Warranty 12. Meter and AMR System Training 13. Registers 14. FCC Licensing Requirements 15. Radio read onsite performance test

I I Pa ge SECTION 2

MATERIAL SPECIFICATIONS

A) POSITIVE DISPLACEMENT METERS

B) TURBINE METERS

C) REGISTERS

D) METER READING SYSTEM

E) RADIO METER READING SYSTEM

F) FIXED BASE METER READING SYSTEM

G) MISCELLANEOUS REQUIREMENTS

Al POSITIVE DISPLACEMENT METERS

A. SPECIFICATIONS

COLD WATER METERS Positive Displacement Type 5/8" through 2"

General Description: Meters furnished under these specifications shall be the product of a manufacturer with at least ten (I 0) years of experience in meter manufacturing for the American market. Meters shall be new, first line quality, positive displacement type for cold water service. To optimize low flow accuracy and repeatability meters must be of the oscillating piston or nutating disc type. Multi-jet meters and solid-state meters are not acceptable under this specification. All products provided are to be factory new only.

Meters shall comply with AWW A Standard C700 latest revision and the minimum specifications herein. They shall be designed for use with potable water below 120 degrees F.

2 1Page Meters shall be lead free and in full compliance of NSF/ANSI 61 Annex F and Annex G, 2012 compliant. In addition to meeting ANSVNSF 372, 2014 standards.

Meters must be magnetically driven. Meters with stuffing boxes, spindles and packing glands will not be acceptable.

Registration Accuracy: To ensure accuracy, each meter must be accompanied by a factory test tag certifying the new meter accuracy standards of AWW A C700 (low, intermediate, and full flow). All meters shall meet the following flow requirements:

Size Low Flow Normal Flow GPM Continuous GPM<@9So/o 98.5%-101.,5% FlowGPM 5/8" 1/8 1-20 15 314" 1/2 2-30 15 I " 314 3-50 25 I 1/2" 1 1/2 5-100 50 2" 2 8-160 80

Main Cases: The body main case shall be of high quality with raised markings to indicate the direction of flow and size. All cases shall have a minimum wall thickness of I /8th of an inch. All 5/8" - l" meter main cases shall include a bottom plate made of cast iron designed to break in case of freezing conditions. All bottom plates shall be isolated from the potable water by a full rubber liner. All 1-112" - 2" meter main cases shall include a top plate made of bronze only. Brass Threads or flanged ends are required on all meter nipples of any size 5/8" through 2".

Cases must be capable of withstanding working pressures of one hundred fifty (150) psi. Thread protectors shall be supplied for the connection ends.

Register Housings: Register housings shall be constructed of a suitable engineering polymer (inside set) or copper alloy (pit set) and provide full protection of the register assembly. Registers shall be secured to the main case by means of a tamperproof seal pin to allow for in-line replacement and to prohibit unauthorized removal. Seal screws, tarnperproof screws, or locking pin devices are acceptable. Registers shall conform to the latest revision of A WWA C707. Registers shall be compatible with meters supplied. Registers to be installed in pits shall be protected against pit environments and shall be capable of operating in submerged environment.

Measuring Chambers: Measuring chambers shall be of the two-piece design and be made of a suitable engineering polymer. The chamber shall be separate from the outer casing and so secured in the main case that the accuracy of the meter will not be affected by any distortion of the case. All wear prone surfaces shall be reinforced with a nylon material.

3 1Pag e All measuring chamber assemblies shall operate smoothly and be capable of sustaining long-term accuracy. All motion from the piston or nutating disc shall be transferred to the register via magnetic drive.

Nutating Discs: The flat nutating disc shall be a single piece made from non-hydrolyzing synthetic polymer and shall contain a type 316 stainless steel spindle. The nutating disc shall be equipped with a synthetic polymer thrust roller located within the disc slot. The thrust roller head shall roll on the buttressed track provided by the diaphragm. Pistons: Pistons shall be made of vulcanized hard rubber or a suitable engineering polymer with a specific gravity approximately equal to that of water.

Piston oscillations must not exceed the figure recommended in Table One (1) of AWW A Standards C-700 latest revision for the size of meter being bid.

Strainers: All meters shall be provided with a strainer screen installed in the meter. Strainer screens shall be rigid, fit snugly, be easy to remove and have an effective straining area at least two times that of the main case inlet.

Warranties: Meters shall be guaranteed to be free from defects in materials and workmanship for 12 months after installation or 18 months after shipment, whichever occurs first, and to meet A WWA C700 new meter accuracy standards for a period of five years from the date of shipment, or registration as itemized below:

5/8" & 3/4" 750,000 U.S. gallons 1" 1,100,000 U.S. gallons

I Yi'' 1,600,000 U.S. gallons 2" 2,100,000 U.S. gallons

At the expiration of this period, meters shall be guaranteed to meet A WWA C700 repaired meter accuracy standards specified below:

5/8" & 314" 15 years from date of shipment or registered usage of 2,500,00 U.S. Gallons l" 15 years from date of shipment or registered usage of 3,250,00 U.S. Gallons

l Yi" 10 years from date of shipment or registered usage of 5,600,00 U.S. gallons

2" 10 years from date of shipment or registered usage of 10,400,00 U.S. gallons

4 JPa ge Bl TU RBfNE METERS

A . SPECIFICATIONS Turbine Meters

The turbine meters shall be of new construction and shall conform to the latest revision of the A WWA C701 standard. Meters shall be A WWA Class II standard turbine meters or turbine meters with floating ball technology design for measuring high rates of flow. All meters shall consist of high quality no-lead bronze main case or epoxy coated ductile iron main case certified by NSF 61, with raised marking to indicate the direction of flow and size. The meter serial number shall be stamped on the main case. The size, model and arrows indicating direction of flow shall be cast in raised characters on the main cover. The cover shall contain a stainless steel calibration vane for the purpose of calibrating the turbine-measuring element while the meter is in-line and under pressure. A test plug shall be located in the main case or the cover for the purpose of field testing the meter. The no lead bronze main case shall be certified NSF 61 Annex F compliant, which sets the maximum allowable lead leach limit to 5 ppb, and shall be certified NSF 372 and NSF 61 Annex G compliant, which sets the maximum weighted average lead content for a product to be 0.25% (15 ppb) lead for all wetted components. The meter shall be completely submersible. The housing shall be designed so that at a working pressure of 150 psi any distortion will not affect the accuracy of the meters.

The measuring chamber shall be a self-contained unit, attached to the cover for easy removal. The turbine spindles shall be tungsten carbide or Type 316 stainless steel with tungsten carbide inserts and shall rotate in removable graphite bushings. Thrust bearing shall be tungsten carbide. All external fasteners shall be made of Type 3 I 6 stainless steel. The intermediate gear train for the turbine portion of the compound meter shall be directly coupled from the turbine spindle and magnetically coupled to the register through the meter cover. The gear train shall be enclosed in the turbine rotor outlet and shall be capillary sealed. All moving parts of the gear train shall be made of self-lubricating polymer or stainless steel for operation in water.

All meters shall be guaranteed for one (I) year on material and workmanship. The meters shall be guaranteed to meet A WWA New Meter Accuracy Standards for a period of one (I) year from the date of purchase. To ensure accuracy, each meter must be accompanied by a factory test tag certifying the new meter accuracy standards of A WWA C701 (low, intermediate, and full flow). 51P age Strainer

A strainer shall be provided for all turbine meters. The strainer shall be designed for minimum pressure loss and shall be of the same manufacturer as the meter. The strainer shall be plate-type suitable for service with turbine water meters of 3-inch through 8-inch pipe size and for 150 psi working pressure. The strainer shall be made of perforated 18-8 stainless steel and shall be shaped for maximum rigidity against the forces exerted by the flow stream. The effective straining area shall be at least double that of the meter main case inlet area.

0 REGISTERS

General Description: Registers furnished under these specifications shall be the product of a manufacturer with at least ten (10) years' experience in the production of absolute encoder-based remote metering systems. The registers shall have the capability of providing encoded meter information as described in the enclosed specification.

Registers: Registers shall be of the absolute encoder type and permanently sealed in a vacuum purged or dry air filled copper can. Registers filled with any liquids are unacceptable under this specification. Additionally, in order to best assure protection from moisture, glass lens encoders are required in pit set environments. Systems utilizing generator pulses or low voltage conversions are not acceptable under this standard. Similar size, type and registration of registers shall be interchangeable. Registers shall be equipped with low flow indicators and faceplates must be stamped with date of manufacture and serial identity number. Registers shall read in U.S. Gallons.

Upon inquiry from a remote location, the electronic, solid-state absolute encoder register shall disclose the exact meter reading as well as the electronic identity number of the register without the use of a battery. Registers requiring a battery are unacceptable under this specification. All power necessary for data transmission shall be supplied from the interrogation device. All registers shall be compatible with various brands of interrogation equipment.

6 1P age Color-coded wire terminals (red, green and black) shall be provided. A suitable wire terminal cover shall be provided and be factory potted when ordered for underground pit installations.

All registers must be removable without disassembly of meter or depressurizing the service line. Register must be free of openings to protect the internal mechanisms of the register.

Lens covers shall be made of polycarbonate or other suitable engineering polymer for indoor installations and mineral glass for underground pit installations. All other register assembly and material requirements stated herein shall also apply

Warranties: All encoded registers and pads supplied with the meters shall be free from defects in materials and workmanship for a period of eighteen (18) months from the date of shipment, or twelve ( 12) months after installation, whichever occurs first. In addition, the functionality of registers supplied with the meters shall be guaranteed for l 0 years from date of manufacture.

Dl METER READING SYSTEM

Meter Reading Equipment: The meter is to be read by a Hand held data collector capable of storing at least 5000 separate meter readings. These would be downloaded through a cradle plugged into the billing computer and integrated into the software without manual intervention.

The hand-held device must have the capability to automatically receive radio-transmitted meter readings, manual interrogation of meter remotes, as well as manual entry of meter readings.

7 1Pa ge A. SPECIFICATIONS

The data collector and software application shall have the ability to collect reads by radio transmission or manually entered reads.

All equipment must be from qualified manufacturers and suitable for the intended use. Equipment, radio and water meter, must be from a single supplier.

All equipment furnished must be "Factory New"; used or re-manufactured equipment is not acceptable.

B.. GENERAL INSTALLATION INSTRUCTIONS

The supplier shall provide and install the cradle and software as per manufacturer's instructions.

The Supplier shall integrate the software to the existing billing software and verify that it is compatible. ( City uses Munis system )

El RADIO METER READTNG SYSTEM

A. SPECIFJCATIO NS

The radio system shall be and FCC unlicensed frequency for the transmission of the radio signal. FCC licensed systems are not acceptable under this specification. The signal from the meter radio unit shall be strong enough to be transmitted from the radio transmitter to a vehicle on the roadway at normal driving speeds.

The radio meter reading equipment is to be a data collector that is capable of Bluetooth to a mobile phone, tablet, or laptop, capable of both transmitting as well as receiving radio frequency between 910-920 MHz on 50 channels reading 8 simultaneously and processing 360 packets per second or better.

The data collector and software application shall have the ability to collect reads by radio transmission or manually entered reads.

8 1P age The radio system shall be able to be easily upgraded to a full two way fixed communication system without the need for programming/reprogramming the radio, and without requiring mode changes. The system must be able to be read by a handheld/mobile device and a fixed network collector simultaneously.

All hardware and software shall allow for and be compatible with future upgrades of the manufacturers' product. The meter manufacturer must have a proven history of backwards compatibility

The radio equipment shall store data to allow for the extraction of 96 days of hourly water use profile via RF signal.

The duration of the RF signal shall be as minimal as possible.

All equipment must be from qualified manufacturers and suitable for the intended use. Equipment, radio and water meter, must be from a single supplier.

All equipment furnished must be "Factory New"; used or re-manufactured equipment is not acceptable.

Radio frequency (RF) products must be protected against water or moisture. Proposals shall detail RF unit construction for moisture and water protection. All manufacturers of mobile RF products must have been manufacturing the proposed products for a minimum of fifteen years.

Power shall be supplied to the MIU (Meter Interface Unit) by a lithium battery with capacitor. The vendor shall warrant that the MIUs shall be free of manufacture and design defects for a period of twenty (20) years - the first ten (10) years from the date of shipment from factory without prorating and the second ten (10) years with prorating, as long as the MIU is working under the environmental and meter reading conditions specified.

Data transmission shall be instantaneous and supplied in an ASCII format without conversion or modification.

Color-coded wire terminals (red, green and black) shall be provided. A suitable wire terminal cover shall be provided and be factory potted when ordered for underground pit installations.

9 JPa ge The AMR module shall have capabilities to indicate damage or tampering with the wire connection between the AMR module and the register. Bidders must include warranties information for the AMR modules in the proposal.

Long-lasting batteries shall power the AMR modules. The batteries in the AMR modules shall have a minimum warrantied life of ten (I 0) years with another I 0 years prorated. Bidders must include warrantied battery life and AMR module life in the proposal.

The supplier shall provide and install the cradle and software as per manufacturer's instructions.

The Supplier shall integrate the software to the existing billing software and verify that it is compatible. ( City uses Munis system )

Testing of the AMR system and necessary programming and development of the interface between the AMR software and the existing billing system (Munis).

Fl FIXED BASE MITER READfNG SYSTEM

1. SPECIFICATIONS

1.1 This system shall be an add on to the radio read system proposed in the bid.

1.2 The Supplier shall guarantee the system will work as installed and provide a sketch of the proposed system.

1.3 All equipment must be from qualified manufacturers and suitable for the intended use. Equipment, radio and water meter, must be from a single supplier.

1.4 All hardware and software shall allow for and be compatible with future upgrades of the manufacturers' product.

1.5 All equipment furnished must be "Factory New"; used or re-manufactured equipment is not acceptable.

lO IP ag e 1.6 The system must be capable of migrating to fixed network without the need for programming/reprogramming of the radio, and without the need to change modes. After the fixed network is fully functional the radios must be capable of being read by a handheld/mobile device and fixed network collector simultaneously.

2. GENERAL INSTALLATlON INSTRUCTIONS

2.1 Extreme care shall be taken during installation to ensure that equipment is not detrimentally damaged.

2.2 The Supplier/Installer shall install the fixed base meter reading system as per manufacturer's recommendations.

2.3 The fixed base system will provide meter readings from all Winthrop meters to the Winthrop Utilities Office at 29 Bowdoin Street in Winthrop.

G) MISCELLANEOUS REQUIREMENTS

1. RF AMR System Training 2. Technical Support Requirements and Warranty for the RF AMR System 1. A copy of the written warranty on the battery life and AMR module for full replacement and/or prorated replacement. l. RF AMR SYSTEM TRAINfNG

1.1 Training programs for up to six (6) District staff: • A minimum of three (2), eight (8) hour days of on-site instruction on the operation procedures for the RF AMR system. Complying with the minimum period of time specified above will not relieve the Successful Bidder of providing sufficient service to place the RF AMR system in satisfactory operation. The District reserves the right to videotape all training sessions for use in training its personnel. • Training must cover, at a minimum, the use of the mobile error coding, uploading and downloading data from the mobile units from the RF AMR system software, RF AMR system software interfacing with the existing billing system. Training shall also include proper installation of the meters and radio. • The Successful Bidder shall provide training for a minimum of three ( 1) , eight (8) hour day to the Meter Installers on the proper installation ll lPage of the meters, registers and AMR modules. The training shall ensure the District the continuance of all warranties and guarantees of the Manufacturer's products. The District reserves the right to videotape all training sessions for use in training its personnel. 2.1 The bid should include information on all staff proposed to be involved in the implementation, installation, training, and support on this project. This infonnation should include their level of responsibility, training, length of EMPLOYM-ENT WITH BIDDER. AND EXPERIEN CE. 2. TECHNICAL SUPPORT REQUTREMENTS AND WARRANTY FOR THE RF AMR SYSTEM

2.1 The Successful Bidder shall provide to the District on-call assistance services and warranty services for a period of one (1) year following substantial completion of the project. 2.2 The vendor is to have a handheld and mobile data collection device loaner program at no cost the District with a 24 hour time for receipt of the loaner upon request by the District. 2.3 The vendor is to a have factory trained System Specialist on staff and available twenty-four hours a day and located with-in two hours travel time of the District.

1 OF2 Fl MJSCELLANEOUS REQUIREMENTS CONTINUED

2.4 A toll-free telephone Help Desk shall be available between the hours of 8 AM and 8 PM, Eastern Time, with after-hours telephone numbers available as needed. The Help Desk services shall include: mobile software operations problems/questions; equipment returns and repairs; loaner equipment processing; evaluation of information for updates or revisions; evaluation of personnel training needs. • The help desk must maintain a minimum four (4) hour acknowledgement of issue, with a twenty-four (24) hour maximum resolution time on all issues. Latitude for programming issues will be given on an issue-by-issue basis (as determined by the District), and shall be resolved within a reasonable time period not to exceed (1) week. However, the Successful Bidder must present a reasonable alternative to utilize within the twenty-four (24) hour time period, during the extended resolution period. This requirement is for contract period and future maintenance agreements. 2.5 Bidders shall provide published terms and conditions of all warranties offered. As a minimum the RF AMR system must be warranted for a minimum period of one (I) year from the date of shipment. 2.6 The battery for each RF AMR register must be warranted for a minimum period of ten (10) years. A twenty (20) year or greater pro-rated warranty

12 IP age is most advantageous. 2. 7 The warranty services shall include, at no additional cost to the District, all parts and labor (including travel costs and expenses) necessary for normal operation of the system as well as for any warranty repairs that may be needed. The coverage shall include, but not be limited to, all hardware and software furnished, including RF AMR module batteries, battery packs, power cables, and serial cables. In the event of a non functioning item, the telephone Help Desk shall assist with any troubleshooting and promptly (within 24-hours) respond to emergency calls. For warranty-related problems, loaner equipment shall be provided to the District while the failed equipment is repaired or replaced by the Successful Bidder. Loaner equipment must be delivered overnight, at no cost to the District. Any hardware or software upgrades shall be provided free of charge during the one-year-long period after system acceptance.

13 1Page Item Cost #of Units Purchased 5/8 $42,000.00 200 3/4 $4,114.35 15 1 $13,657.20 40 Radio $6,750.00 60 AMR $6,438.20 1 Annual Fee $3,050.00 1 TOTAL $76,009.75 Remaining Funds for

Budgeted FY21 $6,990.25 Remaining Funds from

budgeted $250,000 $173,990.25 Cauilu:.1 o..-JJ.• ::# o1:1oo

Public Works Director /J.~J..Jn1.,m~~~~~~~~-i. - _ _ I City llall Plaza • Ellsworth, ME 04605-1 942 ELLSWOI\.TH Phone (207) 667-2563 • Fax (207) 667-4908 Business, Leisure, Life. [email protected] MEMO

To: City Council Members From: Lisa Sekulich Date: 09/16/2020 Re: Bid Award for 2020/21 Public Works% Ton Truck

On Wednesday September 16, 2020 the City of Ellsworth held a bid opening for a new 2020 or 2021 % Ton 4 Wheel Drive Pickup for the City's Public Works Department. Three dealerships responded with bids: Darling's Ford, Darling's Dodge, and Varney GMC. Attached you will find copies of the Bid Summary Sheet. Following is a summary of the bids:

VENDOR SPECS (Make, Model, Year) Total Price Darling's Ford 2021 FORD F250 XL $29,953.00 Bangor Darling's Dodge 2021 Ram 2500 Tradesman $30,378.00 Bangor Varney GMC 2020 GMC Sierra 2500 $33,200.00 Bangor

Low Bid was for the Ford F-250 from Darlings, but we are requesting the Council approve the bid from Varney GMC for the 2020 GMC Sierra 2500 due to the length of delivery time on the Ford and Ram bids for 14-16 weeks . The highway department had one truck that was parked at the time this bid was put out but now a second was found to have structural frame concerns and has also been parked. The crew is now down two trucks and going into winter, we would like to have a reliable pickup truck. The purchase of this truck from Varney and associated equipment will still be under the original $50,000 allocated in the budget for this total purchase. If the Council approves this recommendation, the following motion is suggested:

Move to approve the request of the Public Works Director to award the purchase of a new 2020 GMC Sierra 2500 % Ton 4 Wheel Drive Pickup as specified to, Varney GMC, at a cost of $33,200.00 to be paid for through the Highway Department Capitol Improvement Account. Bids must be submitted by 10:00 AM, Wednesday, September 16, 2020 to:

City of E!Jsworth City Clerk's Office One City Hall Plaza Ell sworth, ME 04605

City of Ellsworth, Maine Request for Bids (1) New 2020/2021, 3/4 ton 4WD Single Cab Truck with 8 ft bed

Bid Announcement

(1) The City of Ellswo1th is accepting bids for the purchase of New 2020/2021 , 314 ton 4WD Single Cab Truck with 8 ft bed

Bids must be submitted by 10:00 AM, Wednesday September 16, 2020 to:

City of Ellsworth City Clerk's Office One City Hall Plaza Ellsworth, ME 04605

Bids will be opened at the above time with the award to be made later at a city council meeting. The City of Ellsworth reserves the right to accept or reject any or all bids in the best interest of the community.

1 City of Ellsworth, Maine Request for Uids (1) New 2020/2021, 3/4 ton 4WD Single Cab Truck with 8 ft bed

General Requirements

1. Failure to comply with any of the general requirements may be grounds for rejection.

2. Bids must be received no later than the time and date specified below: Time: 10:00 AM Date: Wednesday, September 16, 2020

3. The specifications listed are the minimum acceptable. Any deviation from the specifications shall be specifically and individually enumerated in the space provided marked "Deviation from Speci ti cations."

4. All bids shall be submitted on the forms provided.

5. All bids must be in sealed envelopes and have written or type on the front of them "Public Works Truck Bid".

6. /\II prices quoted shall be firm for a sixty (60) calendar day period.

7. Payment shall be made to the successful vendor within 30 calendar days of the date of sati sfactory delivery and acceptance by the City of Ellsworth.

8. Prices quoted shall include furnishing the equipment, all delivery costs, and ready for use at a location determined by the City.

9. In the quotation all vendors should describe the warranty provided with the equipment, the term (in months, hours, etc.), and the coverage (which components of the equipment, parts, labor, transport, shipping, etc). l 0. The City of Ellsworth reserves the right to reject any or all quotes, or parts thereof, and to waive any informality therein should the best interests of the City be served therein.

11. Specifications given are not meant to be restrictive. The vendor shall certify that the item proposed is equal to or of better quality than required by the specifications.

2 City of Ellsworth, Maine Request for Bids (J)New 2020/2021 , 3/4 ton 4WD Single Cab Truck with 8 ft bed

Specifications:

1. New 2020/2021, 3/4 ton 4WD Single Cab Truck with 8 ft bed

It is the intent of the specifications to describe and define a 4-wheel drive pickup truck. The principal duties of the truck are to carry moderate/heavy weight equipment and materials.

Model: 3/4 ton 4 WD Single Cab Truck with 8 ft Bed. Color: White GVW: Approx 9,500-11,000lbs Engine: 6.4- 7.3-liter V8 Sfl gas engine with engine overheat protection Electrical: Two - 12 volt Battery I Icavy-Duty Rear Axle: Approx. 3. 73 Ratios Suspension: IIeavy Duty Suspension Package Shock Absorbers: Heavy Duty Stabilizer Bar: Heavy Duty Steering: Power; with tilt steering wheel Tires: 17' or 18" Radial , poly steel : Traction Tread , Blackwall Spare shall be the same as above Transmission: Automatic-Heavy Duty with cooler Fuel Tank: Gasoline ( 30 gallon +/-) Mirrors: Hauling/Extendable, Heated, Power Scat: 40/60 Bench Cloth Scat w/ fold-down armrest w/storage. Seat Recline, Dual Lumbar Adjust Convenience Items: AM/FM Radio with Sync (blue tooth/hands free phone capabilities), Power Door Locks, Power Windows, Tinted Windows, rear defog/defrost, /\ir Conditioning, Keyless Entry, All Weather Floor Mats Rear Bumper: Step and Tow Trailer Hitch: Trailer towing package with brake control Plow Prep package: 220 amp Alternator, underbody shields and provisions for cab roof mounted beacon

3 City of Ellsworth, Maine Request for Bids (1) New 2020/2021 , 3/4 ton 4WD Single Cab Truck with 8 ft bed

BID FORM

1. Four-Wheel Drive Pick-Up

Price: Four-Wheel Drive Pick-Up

Total Price for New Pick-Up: $ ______

2. Special Conditions or Restrictions on Bid Price:

3. Deviations from Specifications: (Please enumerate. Add additional page, if necessary.)

4. Warranty. Item furnished, parts and labor shall be fully guaranteed as follows: (include warranty if available)

4 5. Delivery

______days will be required for delivery of the item quoted following receipt of the order.

6. Parts & Service

State the location of your parts and service department. Indicate the time (in days) that it will take for parts to be delivered. If the company has a mobile repair unit, state the current hourly and mileage rate with applicable minimum, if any.

Name of Company: ______

Address: ------~

Signature: ______

Printed Name: ------~ Title: ------

Telephone: ______~

Fax: ------Date: ------

5 City of Ellsworth, Maine Request for Bids (1) New 2020/2021, 3/4 ton 4WD Single Cab Truck with 8 ft bed

BID FORM

I. Four-Wheel Drive Pick-Up

Make: f.MC ~;VI'{ 1 Model: Sivrtt 2)ot> Re.trJICM" (a~ ~ bt.J

Year: J..()20

Price: Four-Wheel Drive Pick-Up $ 3);(}()0

Total Price for New Pick-Up:

2. Special Conditions or Restrictions on Bid Price:

UP~<.J;l'lj fvv:..}.._ +o 6

3. Deviations from Specifications: (Please enumerate. Add additional page, if necessary.) -- . J + I ~ I ,, /y /, I /2.(J(J/f U.. ~<.10ry -r;fl(,1q(JKt ;'7 ft4()YJ+ Con .frc"J//q_,. On~ woJJ ~IA *' ~ r1JJJ -f4,uy~ J~q/~ 1 ~ - T~ haS lA / itarJ (4/~ ~6" Nof~/ ~ ~lvn/~ vJ,,c_<.. 5 /,,f>*"' <9 S: C(, ~ 4. Warranty. Item furnished, parts and labor shall be fully guaranteed as follows: (includewarrantyifavailable) ) ye«r //O

4 5. Delivery

5~ ·1. .. _____ days will h-= required for delivery of the item quoted following receipt of the order.

6. Parts & Service

State the local ion of your parts and service depa11ment. Jndicate the time (in days) that it will take for parts to be delivered. If the company has a mobile repair unit, state the cunent hourly and mileage rate with applicable minimum, i.Tf ~ ny. ,,, . . , . ·o/ f~t;. / <;, etJ("?, -~CJ Ho Jdn R\)or7JOl'7 Jt/c<,>J,t..- (117'

J\\ameofCompany: lkrn~ ·y 6.J ..'Ji 6JVf( . I Address~ .A(e

Fax: 6 c 7 ) 'f Cf (j ·- )t-j(J {tJ

Date: C> 'f j ()2 h~ - ---·--·---

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2020 SJERRA 2500 4WO REGULAR E1WU~ : Sl»\1M\'f W+lllf EHGIHE: &.6t VS u:TERKlR: JET In.A~ TRW: S-SPEEll AUTO CAB 1SA

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l llT.'ltl-.'t,:'.3;1Hlt ..1l l .J f'l'IH City of Ellsworth, Maine Request for Bids (l)New 2020/2021, 3/4 ton 4WD Single Cab Truck with 8 ft bed I{ L/ Specifications: c;24f I 1{c;ff/ c2 .)O'Z)\(V~ fUJ (ab Y

1. New 202~ 3/4 ton 4WD Single Cab Truck with 8 ft bed

It is the intent of the specifications to describe and define a 4-wheel drive pickup truck. The principal duties of the truck are to carry moderate/heavy weight equipment and materials.

aM6

~: Approx 9,500-11,000lbs /01 tZE> /b..S ~ne: 6.4- 7.3-liter V8 SFI gas engine with engine overheat protection~ .t./ L XElectrical: Two- 12 volt Battery Heavy-Duty \)uc\ &~1't..S AJ/A ~ar Axle: Approx. 3.73 Ratios ~spension : Heavy Duty Suspension Package ,_,.Bfiock Absorbers: Heavy Duty vSfabilizer Bar: Heavy Duty vB'feering: Power; with tilt steering wheel a.;Fffis: 17' ortfS) Radial, poly steel : Traction Tread , BlackwaIJlTc21S"/'1~~ /K'C ()4>L A JT ~ Spare ¥a11 be the same as above-St4f.t.Ml'\f\cr\-~~ p.t.r~.....i .vransmission: Automatic-Heavy Duty with cooler ~Tank: Gasoline ( 30 gallon +/-) 5~~\\Qf\.S ~rors: Hauling/Extendable, Heated, Power a,..Sdl: 40/60 Bench Cloth Seat w/ fold-down armrest w/storage. Seat Recline, Dual Lumbar Adjust ~enience Items: AM/FM Radio with Sync (blue tooth/hands free phone capabilities), Power Door Locks, Power Windows, Tinted Windows, rear defog/defrost, Air Conditioning, Keyless Entry, All Weather Floor Mats /VtafJ.~/.-f!c.h ..f/oor )1/1-ti.S ~ar Bumper: Step and Tow ~iler Hitch: Trailer towing package with brake control ~w Pre ackage: 220 amp Alternator, underbody shields andJProvisions for cab roof J mounted beacon f1//r!r .fh.M'RatvL ------

3 City of Ellsworth, Maine Request for Bids (1) New 2020/2021 , 3/4 ton 4WD Single Cab Truck with 8 ft bed

BID FORM

1. Four-Wheel Drive Pick-Up

Make:

Mode1:dS(J() :fce.~

Year: c;0~/

Price: Four-Wheel Drive Pick-Up

Total Price for New Pick-Up:

2. Special Conditions or Restrictions on Bid Price:

3. Deviations from Specifications: (Please enumerate. Add additional page, if necessary.)

\. 1)}A ~ l\&s Ofll OIJl/L 110+ ~\acJ:wal\ 5. Qfl)\l\"~\o/\£(: eab Cao-frl\ool\4'.ol ~G'CC,L- .!.:>\A ::ki>M ~~

4. Warranty. Item furnished, parts and labor shall be fully guaranteed as follows: (include warranty if available) ~ P" '?fl- & C> f -tr()(, t- s.pe cs

4 5. Delivery

/ l/-/ ~~ d.,.a will be required for deli very of the item quoted following receipt of the order.

6. Parts & Service

State the location of your parts and service department. Indicate the time (in days) that it will take for parts to be delivered. If the company has a mobile repair unit, state the currlbhK:~;b,d rc;;:;~;·bei~=~ pc;.rfS ~t'a;; If}- O«f /IL ~ ~ ,,,.lau, tlJ 0 fYlcb•' /.e__ (~ :rUA/-/-,

NameofCompany: ,,slklM:it£/I Address: £17 -,r/w, / ~,4S2 6f/'t,(f)

Signature:~~~~~...... ::::~..£!:~~~~-....:::'..______

Printed Na e: ..:kss/co. ~ucfo...L Title: ffb.411 ctfa I Srde-S Telephone: c:h1 ..(jl}d-JSt:J(e 0JtsS1\ca, bo1JC.hato(@c:;/orlltt/S·C

5 2021 RAM 2500 Tradesman

Vehicle options shown may not be representative of actual vehicle

Darling's Auto Group

---" ...... 8 Prepared For: Prepared By: Ms. Lisa Sekulich Jessica Bouchard Ellsworth Public Works Darling's Auto Group One City Hall Plaza MainePhone: 207-992-1506 Ellsworth, Maine, 04605 Toll Free: 800-400-1330 Phone: 207-669-6626

PRICE SHEET 2021 RAM 2500 4x4 Regular Cab 8' box 140.5" WB Tradesman (Dl7L62) MSRP Vehicle Price (excluding option discounts) $40,015.00 Weathertech Floor Liners 150.00

Vehicle Subtotal $40,165.00

Total Other Items 0.00 Net Selling Price $40,165.00 Destination 1,695.00

Total Quote $41,860.00 Ram Government Discount -7,000.00 Darling's Discount -4,482.00

TOTAL

Customer Signature

Date

The information contained m this padcage is provided to assist in assessing our vehicles and Is for your information only. Priees and content information shown are subject to change and should be treated as estimates only. lnformation on the comparison vehiele is derived from available publiC sources and may not be completely current or accurate. No representations, warrantoes or 9uarantees are given in the information. Neither Chrysler nor the dealer win be liable for any reliance on the contents hereof. Please see salesperson for the most current information an

Effective Date: 8/26/2020 Page 2 Date Printed: September 15, 2020 QuoteID: 8

Prepared For: Prepared By: Jessica Bouchard --- Ms. Lisa Sekulich Ellsworth Public Works Darling's Auto Group One City Hall Plaza MainePhone: 207-992-1506 Ellsworth, Maine, 04605 Toll Free: 800-400-1330 Phone: 207-669-6626

SELECTED EQUIPMENT 2021 RAM 2500 4x4 Regular Cab 8' box 140.S" WB Tradesman (DJ7L62) MSRP

DJ7L62 Base Vehicle Price (DJ7L62) STD 36,995.00 Packages

2GA Quick Order Package 2GA Tradesman OPT N/C Powertrain

ESB Engine: 6.4L V8 Heavy Duty HEMI MOS STD N/C

DFX Transmission: 8-Speed Auto (8HP75-LCV) STD N/ C

DME 3.73 Axle Ratio STD N/C

DSA Anti-Spin Differential Rear Axle INC Included

Z2D GVWR: 10,000 lbs STD N/C Wheels & Tires

TCP Tires: LT275/70R18E OWL On/Off Road INC Included

WBN Wheels: 18" x 8.0" Steel OPT 295.00 18" Steel Spare Wheel; Center Hub; (TCN) Tires: LT275/70RIBE BSWAS Seats & Seat Trim

V9 Cloth 40/20/40 Bench Seat (Fleet) OPT 95.00 40/20/40 Split Bench Seat; 4 Way Front Headrests; Manual Adjust 4-Way Driver Seat; Front Armrest w/Cupholders; Manual Adjust 4-Way Front Passenger Seat Other Options

APA Monotone Paint STD N/C Exterior content such as door handles, fascia, mi"ors, etc. are black when ordering special low volume paints.

The Information contained in this package Is provided to assist in assessing our vehicles and Is for your information only. Prices and content Information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or 11uarantees are goven in tile information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05!03307 8/26/2020

Effective Date: 8/26/2020 Page 3 Date Printed: September 15, 2020 QuoteID: < None> SELECTED EQUIPMENT Co~t.inued .

MSRP

A61 Tradesman Level 1 Equipment Group OPT 995.00 Black Exterior Mirrors; Exterior Mirrors w/Heating Element; Overhead Console; Overhead Cupholder Lamp; Fold-Away Power Heated Mirrors; Front 1-Touch Down Power Windows; Remote Keyless Entry; Speed Sensitive Power Locks; Upgraded Door Trim Panels

AD2 Snow Chief Group OPT 855.00 (BAJ) 220 Amp Alternator; (DSA) Anti-Spin Differential Rear Axle; (LHL) 1/ P Mounted Auxiliary Switches; (LN2 Oearance Lamps; (TCP) Tires: LT275/70R1BE OWL On/Off Roa ; Transfer Case Skid Plate Shield

BAJ 220 Amp Alternator INC Included

LHL I/P Mounted Auxiliary Switches INC Included Dash Pass Thru Wire Circuits

LNC Clearance Lamps INC Included

GPG Power Adjustable Heated Black Tow Mirrors OPT 195.00 Black Exterior Mirrors; Exterior Mirrors w/S'!j/flemental Signals; Exterior Mirrors Courtesy Lamps; Exterior Mirrors w. Heating Element; Mirror Running Lights; Trailer Tow Mirrors

GFA Rear Window Defroster OPT 195.00

XHC Trailer Brake Control OPT 295.00 Trailer Light Check

UAA Radio: Uconnect 3 w/5" Display STD N/C Fleet Options

JPE Power 2-Way Driver Lumbar Adjust OPT 95.00 4 Way Front Headrests Interior Colors For : Primary w /Tradesman (Reg)

X9 Black OPT N/C Primary Colors For : Primary w /Tradesman (Reg)

PW7 Bright White Clearcoat OPT N/C

Vehicle Subtotal $40,015.00 Destination $1,695.00

Vehicle Subtotal (including Destination) $41,710.00

The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is clerived from available public sources and may not be completely current or accurate. No representations, warranties or 9uarantees are g1Ven in the information. Neither Chrysler nor the clealer wlll be liable for any reliance on the contents hereof. Please see salesperson for the most current inrormation and other details. Actual pricing may vary. Reference OX05!03307 8/26/2020

Effective Date: 8/26/2020 Page 4 Date Printed: September 15, 2020 QuotelO: < None> .....8 Prepared For: Prepared By: Ms. Lisa Sekulich Jessica Bouchard Ellsworth Public Works Darling's Auto Group One City Hall Plaza MainePhone: 207-992-1506 Ellsworth, Maine, 04605 Toll Free: 800-400-1330 Phone: 207-669-6626

STANDARD EQUIPMENT 2021 RAM 2500 4x4 Regular Cab 8' box 140.5" WB Tradesman (Dl7L62)

Powertrain HEMI 6.4L V-8 OHV SMPI 16 valve engine with VVT variable valve control, variable intake length, cylinder deactivation * 180 amr alternator * 730 amp battery with run down protection * 8-speed electronic sequential shift centre automatic transmission with overdrive, lock-up, driver selection * Part-time four-wheel drive with manual transfer case shift, auto locking hubs * ABS & driveline traction control * 3.73 axle ratio * Stainless steel exhaust

Steering and Suspension Hydraulic power-assist re-circulating ball steering * Steering cooler * 4-wheel disc brakes with front and rear vented discs * HD ride suspension, with electronic stability stability control with anti-roll * Non-independent front suspension * Front multi-link suspension * Front anti-roll bar * Front coil springs * HD front shocks * Rigid rear axle * Rear multi-link suspension * Rear anti-roll bar * Rear coil springs * HD rear shocks * Front and rear 17.0" x 7.50" silver styled steel wheels with hub covers* LT245/70SR17.0 BSW AS front and rear tires * Underbody w/crankdown mounted full-size steel spare wheel

Safety 4-wheel anti-lock braking system * Daytime running lights, center high mounted stop light * Dual airbags, seat mounted driver and passenger side-impact airbags, curtain 1st row overhead airbag, airbag occupancy sensor * Front height adjustable seatbelts with front pre-tensioners * Immobilizer

Comfort and Convenience Air conditioning * AM/FM/Satellite-prep, clock, seek-scan, external memory control, 4 speakers, voice activation, streaming audio, integrated roof antenna * 1 1st row LCD monitor * Cruise control with steering wheel controls * Manual tailgate/rear door lock * 2 12V DC power outlets, retained accessory power, Uconnect w/Bluetooth wireless phone connectivity * Analog instrumentation display includes tachometer, oil pressure gauge, engine temperature gauge, voltmeter gauge, oil temperature gauge, transmission fluid temp gauge, engine hour meter, compass, exterior temp, systems monitor, camera(s) - rear camera, trip odometer * Warning indicators include engine temperature, lights on, key, low fuel, low washer fluid, lighting malfunction, door ajar, service interval, brake fluid, tire specific low tire pressure, transmission fluid temp * Steering wheel with tilt adjustment * Manual front windows with light tint * Variable intermittent front windshield wipers * Passenger side vanity mirror * Day-night rearview mirror * Interior lights include dome light with fade, front reading lights, illuminated entry * Partial floor console with storage, glove box, front cupholder, instrument panel bin, dashboard storage, driver and passenger door bins

The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content lnfonnation shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations. warranties or 9uarantees are given in the informatKJO. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most currenl information and other details. Actual pricing may vary. Reference DXOS 103307 8/26/2020

Effective Date: 8/ 26/2020 Page S Date Printed: September 15, 2020 QuoteID: STANDARD EQUIPMENT ~~n~inued .

Seating and Interior Seating capacity of 3 * 40-20-40 split-bench front seat with adjustable head restraints, center armrest with storage * 4-way adjustable driver seat * 4-way adjustable passenger seat * Vinyl faced front seats with vinyl back material * Full cloth headliner, full vinyl/rubber floor covering, metal-look instrument panel insert, urethane gear shifter material, chrome/metal-look interior accents

Exterior Features Side impact beams, galvanized steel/aluminum body material * Black side window moldings, black front windshield molding * Black door handles * Black grille * 2 doors with tailgate rear cargo door * Class V trailering, trailer harness, trailer hitch, trailer sway control * Driver and passenger manual black folding outside mirrors * Front and rear black bumpers, with rear step * Aero-composite halogen fully automatic headlamps with multiple headlamps, delay-off feature * Additional exterior lights include pickup cargo box light * Clearcoat monotone paint

Warranty Basic 36 month/36,000 miles Powertrain 60 month/60,000 miles Corrosion Perforation 60 month/100,000 miles Roadside Assistance 60 month/100,000 miles

Dimensions and Capacities Output 410 hp@ 5,600 rpm Torque 429 lb.-ft. @ 4,000 rpm 1st gear ratio 4. 714 2nd gear ratio 3.143 3rd gear ratio 2.106 4th gear ratio 1.667 5th gear ratio 1.285 6th gear ratio 1.000 7th gear ratio 0.839 8th gear ratio 0.667 Reverse gear ratio 3.295 Curb weight 6,310 lbs. GVWR 10,000 lbs. Front GAWR 5,500 lbs. Rear GAWR 6,000 lbs. Payload 3,690 lbs. Front curb weight 3,688 lbs. Rear curb weight 2,622 lbs. Front axle capacity 5,250 lbs. Rear axle capacity 6,010 lbs. Front tire/wheel capacity 6,000 lbs. Rear tire/wheel capacity 6,000 lbs. Towing capacity 14,720 lbs. 5th-wheel towing capacity 14,540 lbs. Front legroom 40.9 11 Front headroom 39.8 11 Front hiproom 62.9 11 Front shoulder room 65.9" Passenger area volume 62.5 cu.ft. Length 232,0 II Body width 79.4" Body height 80.2 II 11 Wheelbase 140.5 Front track 68.7 II 11 Rear track 68.1 Turning radius 22.7 I Fuel tank 32.0 gal. Exterior cargo length 98,3 II Exterior cargo minimum 51.0 11 Exterior cargo volume 74.7 cu.ft. width

Exterior cargo pickup box 20.2 " Exterior cargo maximum 66.4 II depth width

The information contained in this package Is provided to assist in assessing ou r vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the onformation. Neither Chrysler nor the dealer will be foable for any reliance oo the cootents hereof. Please see salesperson for the most current lnformatoon ar>

Effective Date: 8/26/ 2020 Page 6 Date Printed: September 15, 2020 QuoteID: 2021 RAM 2500 4x4 Regular Cab 8' box 140.5" WB Tradesman (DJ7L62) Exterior (0 P) Bright White Engine: 6.4L V8 Heavy Duty HEMI MOS Clearcoat Transmission: 8-Speed Auto (8HP75-LCV) Interior (0 I) Black

---.. • •;llj Standard Equipment STANDARD VEHICLE PRICE $36,995.00 Items Featured Below are included at NO EXTRA CHARGE in the Standard Vehicle Price Shown at Right OPTIONAL EQUIPMENT t HEMI 6.4L V-8 OHV w/SMPI 410hp •AM/FM/Satellite-prep Quick Order Package 2GA Tradesman N/C • 8 speed automatic trans w/OD t Daytime running lights Engine: 6.4L V8 Heavy Duty HEMI MOS STD • 4-wheel ABS • Variable intermittent wipers Transmission: 8-Speed Auto STD • Brake assistance • Silver styled steel wheels (8HP75-LCV) t Traction control • Dual front airbags 3.73 Axle Ratio STD t LT245/70R17E BSW S-rated tires • Driver & front passenger seat mounted side Anti-Spin Differential Rear Axle INC airbags GVWR: 10,000 lbs STD • Battery with run down protection • Airbag occupancy sensor Tires: LT275/70R18E OWL On/Off Road INC • HD suspension • Immobilizer Wheels: 18" x 8.0" Steel $295.00 • Electronic stability stability control with •Tachometer Cloth 40/20/40 Bench Seat (Fleet) $95.00 anti-roll Tradesman Level 1 Equipment Group $995.00 $855.00 • Air conditioning • Reclining front 40-20-40 split-bench seats Snow Chief Group 220 Amp Alternator INC l/P Mounted Auxiliary Switches INC Clearance Lamps INC Power Adjustable Heated Black Tow $195.00 Mirrors Rear Window Defroster $195.00 Trailer Brake Control $295.00 Radio: Uconnect 3 w/5" Display STD Power 2-Way Driver Lumbar Adjust $95.00 Interior : Black N/C Primary : Bright White Clearcoat N/C

"" CITY MPG HIGHWAY MPG ' SUBTOTAL $40,015.00 N/A N/A Destination $1 ,695.00

- TOTAL $41,710.00 Highlighted options below are already included on quotea truck. Additional available factory options are for your review in case you would like to add any. 8

Prepared For: Prepared By: Ms. Lisa Sekulich --- Jessica Bouchard Ellsworth Public Works Darling's Auto Group One City Hall Plaza MainePhone: 207-992-1506 Ellsworth, Maine, 04605 Toll Free: 800-400-1330 Phone: 207-669-6626

AVAILABLE EQUIPMENT 2021 RAM 2500 4x4 Regular Cab 8' box 140.5" WB Tradesman (DJ7L62)

MSRP

DJ7L62 Base Vehicle Price (DJ7L62) STD 36,995.00

ESB Engine: 6.4L VS Heavy Duty HEM! MDS STD N/C

DFX Transmission: 8-Speed Auto (8HP75-LCV) STD N/C

DME 3.73 Axle Ratio STD N/C DMF 4.10 Axle Ratio OPT 145.00 DSA Anti-Spin Differential Rear Axle INC Included Z2D GVWR: 10,000 lbs STD N/C

TCP Tires: LT275/70R18E OWL On/Off Road INC Included

WBN Wheels: 18" x 8.0" Steel OPT 295.00 18" Steel Spare Wheel; Center Hub; (TCN) Tires: LT2 75/ 70R18E BSW AS

The information contained in this package is provided to assist In assessing our vehlcleS and is for your Information only. Prices and content Information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle Is derived from available public sources and may not be completely current or accurate. No representations, warranties or 9uarantees are given in the information. Neither Chrysler nor the dealer W1U be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference OX05! 03307 8/26/2020

Effective Date: 8/26/2020 Page 8 Date Printed: September 15, 2020 QuoteID: MSRP Requires Chrome Appearance WBH Wheels: 18" x 8.0" Steel Chrome Clad Group (AMP) OPT N/C

V9 Cloth 40/20/40 Bench Seat (Fleet) OPT 95.00 40/20/40 Split Bench Seat; 4 Way Front Headrests; Manual Adjust 4-Way Driver Seat; Front Annrest w/Cupholders; Manual Adjust 4-Way Front Passenger Seat

APA Monotone Paint STD N/C Exterior content such as door handles, fascia, mirrors, etc. are black when ordering special low volume paints. A61 Tradesman Level 1 Equipment Group OPT 995.00 Black Exterior Mirrors; Exterior Mirrors w/Heating Element; Overhead Console; Overhead Cupholder Lamp; Fold-Away Power Heated Mirrors; Front 1-Touch Down Power Windows; Remote Keyless Entry; Speed Sensitive Power Locks; Upgraded Door Trim Panels

A6B Tradesman Level 2 Equipment Group OPT 1,695.00 Active Noise Control System; Black Exterior Mirrors; (V9) Cloth 40/20/40 Bench Seat; Exterior Mirrors w/Heating Element; carpet Floor Covering; Front Floor Mats; Overhead Console; Overhead Cupholder Lamp; Would replace Tradesman Level 1 Fold-Away Power Heated Mirrors; Front 1-Touch Down Power Windows; (GFD) Rear Sliding Window; Remote Keyless Entry; SiriusXM Satellite Radio; Speed Sensitive Power Locks; Upgraded Door Trim Panels

AMP Chrome Appearance Group OPT 1,095.00 18" Steel Spare Wheel; (WBH) Wheels: 18" x 8.0" Steel Chrome Clad; Bright Front Bumper; Bright Rear Bumper; Matte Black Mesh w/Chrome Grille; Chrome Grille Surround; (TCN) Tires: LT275/70R18E BSW AS

AHU 5th Wheel/Gooseneck Towing Prep Group OPT 530.00 ANT Bed Utility Group OPT 845.00 Deployable Bed Step; (LPL) LEO Bed Lighting; (XMF) Spray In Bedliner

ACL DOT Certified Roadside Safety Kit OPT 195.00 3 Reflecting Triangles; DOT Fire Extinguisher; Spare Fuses; 2 Red Vinyl Flags

ADB Protection Group OPT Variable (XEA) Tow Hooks; Transfer Case Skid Plate Shield

The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or 9uarantees are given in the information. Neither Chrysler nor tile dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103307 8/26/2020

Effective Date: 8/26/2020 Page 9 Date Printed: September 15, 2020 QuoteID: AVAILABLE EQQIP;~.ENT Con~inued

MSRP

AD2 Snow Chief Group OPT 855.00 (BAJ) 220 Amp Alternator; (DSA) Anti-Spin Differential Rear Axle; (LHL) I/P Mounted Auxiliary Switches; (LNC) Clearance Lamps; (TCP) Tires: LT275/70R18E OWL On/Off Road; Transfer case Skid Plate Shield

JKV 115V Auxiliary Front Power Outlet OPT 210.00 400W Inverter; Exterior 115V AC Outlet BAJ 220 Amp Alternator INC Included RCG 6 Speakers OPT 100.00 SEB Auto Level Rear Air Suspension OPT 1,705.00 Air Suspension Decal LHL I/P Mounted Auxiliary Switches INC Included Dash Pass Thru Wire Circuits MRU Black Tubular Side Steps OPT 445.00

MRT Chrome Tubular Side Steps OPT 495.00 LNC Clearance Lamps INC Included

XF5 Dual Alternators Rated At 380 Amps OPT Variable

DK3 Electronic Shift-On·The-Fly Transfer case OPT 295.00 NHK Engine Block Heater OPT 95.00 LNJ Front Fog Lamps (Fleet) OPT 195.00 MDA Front License Plate Bracket OPT N/C LPL LED Bed Lighting OPT 165.00

GPG Power Adjustable Heated Black Tow Mirrors OPT 195.00 Black Exterior Mirrors; Exterior Mirrors w/Supplemental Signals; Exterior Mirrors Courtesy Lamps; Exterior Mirrors w/Heating Element; Mirror Running Ughts; Trailer Tow Mirrors

XAG ParkSense Front/Rear Park Assist System (Fleet) OPT 395.00

The lnformatlOll contained in this pad

Effective Date: 8/26/2020 Page 10 Date Printed: September 15, 2020 QuoteID: MSRP

XAA ParkSense Rear Park Assist System OPT 295.00 RFQ RAM Telematics OPT 800.00 1 Year Telematics Service : Powered by Verizon Conned. Includes telematics module. X9S RAM Telematics 3-Year Subscription OPT 960.00 Includes 2 year service extension (3 years total} of Ram Telematics powered by Verizon Connect. X9T RAM Telematics 5-Year Subscription OPT 1,920.00 Includes 4 year service extension (5 years total) of Ram Telematics powered by Verizon Conned. XAW Rear Backup Alarm OPT 145.00

MWH Rear Wheelhouse Liners OPT 195.00 GFA Rear Window Defroster OPT 195.00 XMF Spray In Bedliner OPT 565.00 XEA Tow Hooks OPT 100.00 XHC Trailer Brake Control OPT 295.00 Trailer Ught Check XFQ Trailer Camera Wiring (No Camera) OPT Variable XG9 Trailer Tire Pressure Monitoring System OPT 345.00 CS? Tri-Fold Tonneau Cover OPT 695.00 UAA Radio: Uconnect 3 w/5" Display STD N/C UAM Radio: Uconnect 4 w/8.4" Display OPT 795.00 8.4" Touchscreen Display; Apple CarPlay; Cluster 3.5" TFT Color Display; Google Android Auto; GPS Antenna Input; Integrated Center Stack Radio; Integrated Voice Command w/Bluetooth; Selectable Tire Fill Alert; SiriusXM Satellite Radio

xxs Upfitter Electronic Module (VSIM) OPT 345.00 XML MOPAR 20K Direct Mount 5th Wheel Hitch OPT 1,075.00

JPE Power 2-Way Driver Lumbar Adjust OPT 95.00 4 Way Front Headrests

The information contained in this package is PfOvided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representattons, warranties or 9uarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103307 8/26/2020

Effective Date: 8/26/2020 Page 11 Date Printed: September 15, 2020 QuotelD: MSRP

XME Under Rail Box Bedliner OPT 365.00 CBE 40/20/40 Split Bench Seat INC Included CDR Front Armrest w/Cupholders INC Included

JVA Manual Adjust 4-Way Driver Seat INC Included JWA Manual Adjust 4-Way Front Passenger Seat INC Included

The Information contained in this package is provided to assist in assessing our vehides and is for your Information only. Prices and content Information ShOwn are subject to change and should be treated as estimates only. Information on the compariSon vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or 9uarantees are given In the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salespetson fo< the most current information and other details. Actual pricing may vary. Reference DX05103307 8/26/2020

Effective Date: 8/26/2020 Page 12 Date Printed: September 15, 2020 QuotelD: City of Ellsworth, Maine Request for Bids (!)New 2020/202.1, 3/4 ton 4WD Single Cab Truck with 8 ft ~cd cl, Specifications: ~ol Fa-~ XL Re) Ck}; L/ xtf y Jk 1. New 2020~ 3/4 ton 4WD Single Cab Truck with 8 ft bed

It is the intent of the specifications to describe and define a 4-wheel drive pickup truck. The principal duties of the truck are to carry moderate/heavy weight equipment and materials.

LM()del: 3/4 ton 4 WD Single Cab Truck with 8 ft Bed. ~lor: White ~ : Approx 9,500-11 , 000lbs/~()"z)'G) /.6s; ){Engine: 6.4- 7.3-liter V8 SFI gas engine with engine overheat protection /p ... J._L V '8' vEJCctrical: Two - 12 volt Battery Heavy-Duty aAt'ear Axle: Approx. 3.73 Ratios 3. 7 3 e/ed--ro/11'c /oc.-)::,',,.,(r L.81i'Spension: Heavy Duty Suspension Package t..s1i'OCk Absorbers: Heavy Duty ~Hizer Bar: Heavy Duty ~ri~ Power; with tilt steering wheel 1.. a € lkc,J AJ/ ~(!]?or 18" Radial , poly steel: Traction Tread, BlackwallLTell/')) 751<.. )( }7 f...)J Spare shall be the same as above .. ~y llc.+-b.~ Stt11t..t.0is ro~d -H'rz {JtJ-1' f;;rc{ ~ansmission: Automatic-Heavy Duty with cooler l..FtiCI Tank: Gasoline ( 30 gallon +/-) 3l/ ~ l!Clll.S f..,.Mirrors: Hauling/Extendable, Heated, Power t,..Seat: 40/60 Bench Cloth Seat w/ fold-down armrest w/storage. Seat Recline, Dual Lumbar Adjust ~nvenience Items: AM/FM Radio with Sync (blue tooth/hands free phone capabilities), Power Door Locks, Power Windows, Tinted Windows, rear defog/defrost, Air Conditioning, Keyless Entry, All Weather Floor Mats -w.e.a~~ %.,-r li' /\.~r5 v«Car Bumper: Step and Tow r ~iler Hitch: Trailer towing package with brake control ~ Prep ackage: 220 amp Alternator, underbody shields and rovisions for cab roof mounted beaco J)(ba.,..p /

/I)//f- ~ M 'fi> ,cA

3 City of Ellsworth, Maine Request for Bids (1) New 2020/2021 , 3/4 ton 4WD Single Cab Truck with 8 ft bed

BID FORM

I. Four-Wheel Drive Pick-Up

Make: ~d Model: J:a.£l> d"l tgnk (j, b fklf Y '& o(_ Year: ~J. .j

Price: Four-Wheel Drive Pick-Up it'c2CJ 1 9..S-:3

Total Price for New Pick-Up:

2. Special Conditions or Restrictions on Bid Price:

3. Deviations from Specifications: (Please enumerate. Add additional page, if necessary.)

4. Warranty. Item furnished, parts and labor shall be fully guaranteed as follows: (include warranty if available)

4 5. Delivery

Jt/_-J ftJ Wt'e/t~ will be required for delivery of the item quoted following receipt of the order.

6. Parts & Service

Title: &11i'ipa \ Sq \-?-S Telephone:cJo'J-CflQ- JSo(e ~ss1ca. 6.haral~clarlt'tL0S. (op\.. Fax: cQe,'7 -9t// - @LY-: Date: 'ljLsµ&Jt?

5 Prepared for: Ms. Lisa Sekulich, Public Works Director, City of Ellsworth 1 City Hall Plaza Ellsworth, ME 04650 Office: 207-669-6626 Email: [email protected]

2021 F-250 4x4 SD Regular Cab 8' box 142" WB SRW XL (F2B) Price Level: 115

Vehicle options shown may not be representative of actual vehicle

Client Proposal Prepared by: Jessica Bouchard Office: 207-992-1506 Email: [email protected] Date: 09/15/2020

Darling's Bangor Ford 1403 Hogan Road, Bangor, Maine, 044014207 Office: 207-941-1330 1 Prepared for: Ms. Lisa Sekulich Public Works Director, City of Ellsworth Prepared by: Jessica Bouchard 09/15/2020 Darling's Bangor Ford 1403 Hogan Road Bangor Maine I 044014207 2021 F-250 4x4 SD Regular Cab 8' box 142" WB SRW XL (F2B) Price Level: 115 Pricing Summary - Single Vehicle

MSRP

Vehicle Pricing Base Vehicle Price $37,020.00 Options & Colors $2,750.00 Upfitting $150.00 Destination Charge $1 ,695.00 Subtotal $41 ,615.00

Pre-Tax Adjustments Code Description Gov Discount Ford Government Discount -$7,300.00 End user must have a valid Ford government fleet ID number to receive this discount. Dealer Discount Darling's Discount -$4,362.00

Total C§9,953.§)

Customer Signature Acceptance Date

See pages 19-31 for additional factory options that may be of interest. Checked items are already included on the quoted truck. Please note that not all items will be compatible with current configuration and some may require additional options. Please ask if you have interest in adding anything and I can let you know if it'll work.

Base Vehicle

F2B Base Vehicle Price (F2B) $37,020.00 Packages

600A Order Code 600A N/C Includes: - Engine: 6.2L 2-Valve SOHC EFI NA VB Flex-Fuel - Transmission: TorqShift-G 6-Spd Auto w/SelectSh1ft - GVWR: 10,000 lb Payload Package - Wheels: 17" Argent Painted Steel Includes painted hub covers/center ornaments. - Radio: AM/FM Stereo w/MP3 Player Includes 4 speakers. - SYNC Communications & Entertainment System Includes enhanced voice recognition with 911 Assist, 4.2" LCD center stack screen, AppLink and 1 smart-charging USB-C port. Powertrain

996 Engine: 6.2L 2-Valve SOHC EFI NA Included V8 Flex-Fuel

44S Transmission: TorqShift-G 6-Spd Included Auto w/SelectShift

X3E Electronic-Locking w/3.73 Axle Ratio $390.00

STDGV GVWR: 10,000 lb Payload Package Included Wheels & Tires

TBM Tires: L T245/75Rx17E BSW AJT $165.00 Spare may not be the same as road tire.

64A Wheels: 17" Argent Painted Steel Included Includes painted hub covers/center ornaments. Seats & Seat Trim

Cloth 40120140 Split Bench Seat $100.00 Includes center armrest, cupholder and driver's side manual lumbar. Other Options

142WB 142" Wheelbase STD

PAINT Monotone Paint Application STD

90L Power Equipment Group $865.00 Deletes passenger-side lock cylinder. Includes upgraded door trim panel. Includes: - Accessory Delay - Trailer Tow Mirrors w/Power Heated Glass Includes manual folding, manually telescoping and heated convex spotter mirror. - Advanced Security Pack Includes SecuriLock Passive Anti-Theft System (PATS) and inclinationlintrus1on sensors. - Power Locks - Power Tailgate Lock - Power Front Seat Windows Includes 1-touch up/down driver/passenger window. - Remote Keyless Entry

47B Snow Plow/Camper Package $245.00 Requires Extra Extra Heavy-Duty Alternator (67E) when ordered with Upfitter Switches (66S) and 110V/400W Outlet (43C). Includes computer selected springs for snowplow application and heavy seNice front springs (1 up upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment) and slide-in camper certification. Note 1: Salesperson's Source Book or Ford RV Trailer Towing Guide should be consulted for specific trailer towing or camper limits and corresponding required equipment, axle ratios and model availability. Restrictions apply; see Supplemental Reference or Body Builders Layout Book for details. Expect firmer ride when vehicle is not equipped with snowplow and/or camper. Note 2: May result in deterioration of ride quality when vehicle is not equipped with snowplow and/or camper. Includes: - Rear Stabilizer Bar

41P Transfer Case & Fuel Tank Skid $100.00 Plates

86M Dual 78 AH Battery $210.00

67E 240 Amp Alternator $85.00

528 Trailer Brake Controller $270.00 Verified to be compatible with select electric over hydraulic brakes. Includes smart trailer tow connector.

592 LED Roof Clearance Lights $95.00

438 Fixed Rear-Window w/Defrost $60.00

924 Privacy Glass N/C

66S Upfitter Switches (6) $165.00 Requires Extra Extra Heavy-Duty Alternator (67E) when ordered with 110V/400W Outlet (43C) and Snow Plow Pkg. (473) or Snow Plow/Camper Pkg. (478). Located in overhead console.

587 Radio: AM/FM Stereo w/MP3 Player Included

425 50-State Emissions System STD Interior Colors

1S_02 Medium Earth Gray N/C Primary Colors

Z1_ 01 Oxford White N/C

Upfit Options

Floor Mat Set WeatherTech Molded Floor Mats $150.00

Left and right side Weather Tech molded floor mats

SUBTOTAL $39,920.00 Destination Charge $1 ,695.00

TOTAL $41 ,615.00

Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current infonmation. 6 Prepared for: Ms. Lisa Sekulich Public Works Director, City of Ellsworth Prepared by: Jessica Bouchard 09/15/2020 Darling's Bangor Ford 1403 Hogan Road Bangor Maine I 04401 4207 2021 F-250 4x4 SD Regular Cab 8' box 142" WB SRW XL (F2B) Price Level: 115 Major Equipment As Configured Vehicle MSRP (Based on selected options, shown at right) STANDARD VEHICLE PRICE $37,020.00 6.2L V-8 SOHC w/SMPI 385hp Exterior: Oxford White Order Code 600A N/C TorqShift-G 6 speed automatic w/OD Interior: Medium Earth Gray Engine: 6.2L 2-Valve SOHC EFI NA VS Flex-Fuel Included * Rear locking differential driver selectable * 4-wheel ABS Transmission: TorqShift-G 6-Spd Auto w/SelectShift Included * Brake assistance * Traction control * LT 245/75R17 E BSW ATS-rated tires * Battery with run down protection GVWR: 10,000 lb Payload Package Included * Firm suspension * Advance Trac w/Roll Stability Control Wheels: 17" Argent Painted Steel Included * Air conditioning * Tinted glass 142" Wheelbase STD * AM/FM stereo with seek-scan, external * Bluetooth streaming audio memory control Monotone Paint Application STD * Daytime running * Dual power remote heated mirrors Radio: AM/FM Stereo w/MP3 Player Included * Variable intermittent wipers * 17 x 7 .5 steel wheels 50-State Emissions System STD * Dual front airbags w/passenger cancel * Driver and front passenger seat mounted side airbags SYNC Communications & Entertainment System Included * SecuriLock immobilizer * Rear window defroster Tires: L T245/75Rx17E BSW A/T $165.00 * Tachometer * Message Center * Reclining front split-bench seats * Audio control on steering wheel Electronic-Locking w/3.73 Axle Ratio $390.00 * Class V hitch * Front axle capacity: 6000 lbs. Power Equipment Group $865.00 * Rear axle capacity: 6200 lbs. * Front spring rating: 5600 lbs. Accessory Delay Included * Rear spring rating: 6340 lbs. * Frame section modulus: 10.7 cu.in. Trailer Tow Mirrors w/Power Heated Glass Included * Frame Yield Strength 50000 psi * Cab to axle: 56.1" Fuel Economy Advanced Security Pack Included Power Locks Included

Power Tailgate Lock Included

Fixed Rear-Window w/Defrost $60.00

Privacy Glass NIC

Snow Plow/Camper Package $245.00

Rear Stabilizer Bar Included

Trailer Brake Controller $270.00

LED Roof Clearance Lights $95.00

Upfitter Switches (6) $165.00

240 Amp Alternator $85.00

Dual 78 AH Battery $210.00

Oxford White N/C

Medium Earth Gray N/C

Cloth 40/20/40 Split Bench Seat $100.00

SUBTOTAL $39,770.00 Destination Charge $1 ,695.00

TOTAL $41,465.00

Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle. package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 8 Prepared for: Ms. Lisa Sekulich Public Works Director, City of Ellsworth Prepared by: Jessica Bouchard 09/1 5/2020 Darling's Bangor Ford j 403 Hogan Road Bangor Maine I 044014207 2021 F-250 4x4 SD Regular Cab 8' box 142" WB SRW XL (F2B) Price Level: 115 Selected Equip & Specs Dimensions Exterior length: 231.8" • Cab to axle: 56.1" Exterior width: 80.0" • Exterior height: 81 .1" Wheelbase: 142.0" • Front track: 68.3" Rear track: 67 .2" • Turning radius: 23.8' Min ground clearance: 8.3" • Front legroom: 43.9" Front headroom: 40.8" • Front hiproom: 62.5" • Front shoulder room: 66.7" • Passenger volume: 64.6cu.ft. Approach angle: 18.1 deg • Departure angle: 22. 7 deg Cargo volume: 11.6cu.ft. • Maximum cargo volume: 11 .6cu.ft. Box length: 98. 1"

Powertrain 385hp 6.2L SOHC 16 valve V-8 engine with variable • Recommended fuel : regular unleaded valve control, SMPI federal • TorqShift-G 6 speed automatic transmission with overdrive Part-time • Fuel Economy Cty: NIA Fuel Economy Highway: N/A

Suspension/Handling Front Mono-beam non-independent suspension with * Rear rigid axle leaf spring suspension with anti anti-roll bar, HD shocks roll bar, HD shocks Firm ride Suspension • Hydraulic power-assist re-circulating ball Steering Front and rear 17 x 7.5 argent steel wheels * LT245/75SR17 EBSW AT front and rear tires

Body Exterior 2 doors * Driver and passenger power remote heated, manual folding door mirrors with turn signal indicator * Turn signal indicator in mirrors • Black door mirrors Black bumpers * Class V trailer hitch with with brake controller and trailer sway control Bed-rail protectors • Trailer harness Box style: regular • Clearcoat paint • Front and rear 17 x 7.5 wheels • 2 front tow hook(s)

Convenience • Manual air conditioning with air filter * Power front windows * Driver and passenger 1-touch up * Driver and passenger 1-touch down

Seats and Trim Seating capacity of 3 • Front 40-20-40 split-bench seat 4-way driver seat adjustment • Manual driver lumbar support 4-way passenger seat adjustment * Centre front armrest with storage * Cloth seat upholstery

Entertainment Features AM/FM stereo radio • SYNC external memory control Steering wheel mounted radio controls • 4 speakers Streaming audio • Fixed antenna

Lighting, Visibility and Instrumentation Halogen aero-composite headlights • Delay-off headlights Fully automatic headlights • Variable intermittent front windshield wipers * Rear window defroster * Deep tinted windows Front reading lights • Tachometer Oil pressure gauge • Compass • Outside temperature display • Camera(s) - rear Low tire pressure warning • Trip computer • Trip odometer

Safety and Security 4-wheel ABS brakes • Brake assist with hill hold control 4-wheel disc brakes • Advance Trac w/Roll Stability Control Electronic stability control ABS and driveline traction control • Dual front impact airbag supplemental restraint system with passenger cancel • Dual seat mounted side impact airbag supplemental • Safety Canopy System curtain 1st row overhead restraint system airbag supplemental restraint system * Remote activated perimeter/approach lighting * Power remote door locks with 2 stage unlock and panic alarm * Security system with Securilock immobilizer • MyKey restricted driving mode

Dimensions

General Weights *Curb 6,236 lbs. GVWR 10,000 lbs. Payload 3,820 lbs. Front Weights *Front GAWR 5,600 lbs. * Front curb weight 3,677 lbs. Front axle capacity 6,000 lbs. • Front spring rating 5,600 lbs. Front tire/wheel capacity 6,390 lbs. Rear Weights RearGAWR 6,340 lbs. • Rear curb weight 2,560 lbs. Rear axle capacity 6,200 lbs. Rear spring rating 6,340 lbs. Rear tire/wheel capacity 6,390 lbs. Trailering Type Type Regular Harness Yes Class v Hitch Yes * Brake controller Yes Trailer sway control Yes General Trailering 5th-wheel towing capacity 12800 lbs. Gooseneck towing capacity 12800 lbs. Towing capacity 12900 lbs. GCWR 19500 lbs. Fuel Tank type Capacity 34 gal. Off Road Approach angle 18 deg Departure angle 23 deg Ramp breakover angle 25 deg Min ground clearance 8" Load floor height 39" Exterior cargo Length 98.1" Minimum width 50.5"

Volume 78.5 cu.ft. Pickup box depth 21 .1 II Maximum width 66.9" Tailgate width 60.5" Interior cargo Cargo volume 11 .6 cu.ft. Maximum cargo volume 11 .6 cu .ft. Powertrain

Engine Type

Pnces and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See salesperson for the most current information. 11 Prepared for: Ms. Lisa Sekulich Public Works Director, City of Ellsworth Prepared by: Jessica Bouchard 09/15/2020 Darling's Bangor Ford I 403 Hogan Road Bangor Maine I 044014207 2021 F-250 4x4 SD Regular Cab 8' box 142" WB SRW XL (F2B) Price Level: 115 Selected Equip & Specs (cont'd) Block material Iron Cylinders V-8 Head material Aluminum Ignition Spark Injection Sequential MPI Liters 6.2L Orientation Longitudinal Recommended fuel Regular unleaded Valves per cylinder 2 Valvetrain SOHC Variable valve control Yes Engine Spec Bore 4.02" Compression ratio 9.8:1 Displacement 379 cu.in. Stroke 3.74" Engine Power SAEJ1349 AUG2004 compliant Yes Output 385 HP@ 5,750 RPM Torque 430 ft.-lb@ 3,800 RPM Alternator • Type HD • Amps 240 Battery • Amp hours 78 * Cold cranking amps 750 Run down protection Yes •Type Dual Transmission Electronic control Yes Lock-up Yes Overdrive Yes Speed 6 Type Automatic Transmission Gear Ratios 1st 4.17 2nd 2.34 3rd 1.52 4th 1.14 5th 0.87 6th 0.69 Reverse Gear ratios 3.4 Transmission Torque Converter Stall ratio 2.01 Transmission Extras Driver selectable mode Yes Sequential shift control SelectShift Oil cooler Regular duty Drive Type 4wd type Part-time Type Four-wheel Drive Feature Traction control ABS and driveline Locking hub control Auto Transfer case shift Electronic * Rear locking differential Driver selectable

09/15/2020 Darling's Bangor Ford J 403 Hogan Road Bangor Maine I 044014207 2021 F-250 4x4 SD Regular Cab 8' box 142" WB SRW XL (F2B) Price Level: 115 Selected Equip & Specs (cont'd) Drive Axle Ratio 3.73 Exhaust Material Stainless steel System type Single Emissions CARB Federal fuel Economy Fuel type Gasoline Fuel Economy (Alternate 1) Fuel type E85 Acceleration 0-60 mph (s) 6.53 114 Mile Seconds 15.0 Speed 93 mph Skid Pad Lateral acceleration (g) 0.7 Slalom Speed 51 mph Driveability

Brakes ABS 4-wheel ABS channels 4 Type 4-wheel disc Vented discs Front and rear Brake Assistance Brake assist Yes Hill hold control Yes Suspension Control Ride Firm Electronic stability control Stability control with anti-roll Front Suspension Independence Mono-beam non-independent Anti-roll bar Regular Front Spring Type Coil •Grade HD

Front Shocks Type HD

Rear Spring Type Leaf Grade HD Rear Shocks Type HD Steering Activation Hydraulic power-assist Type Re-circulating ball Steering Specs #of wheels 2 Exterior

Front Wheels Diameter 17" Width 7.50" Rear Wheels Diameter 17" Width 7.50" Spare Wheels Wheel material Steel Front and Rear Wheels Appearance Argent Material Steel Covers Hub Front Tires Aspect 75 Diameter 17" Sidewalls SSW Speed s •Tread AT Type LT Width 245mm LT load rating E RPM 645 Rear Tires Aspect 75 Diameter 17" Sidewalls SSW Speed s •Tread AT Type LT Width 245mm LT load rating E RPM 645 Spare Tire

Airbags Driver front-impact Yes Driver side-impact Seat mounted Overhead Safety Canopy System curtain 1st Passenger front-impact Cancellable row Passenger side-impact Seat mounted Seatbelt Height adjustable Front Security Immobilizer Securilock • Panic alarm Yes Restricted driving mode MyKey Seating

Passenger Capacity Capacity 3 Front Seats Split 40-20-40 Type Split-bench Driver Seat Fore/aft Manual Reclining Manual

Front Seat Trim •Material Cloth •Back material Carpet

Convenience

AC And Heat Type Air conditioning Manual Air filter Yes Audio System Radio AM/FM stereo Radio grade Regular Seek-scan Yes External memory control SYNC Audio Speakers Speaker type Regular Speakers 4 Audio Controls Steering wheel controls Yes Voice activation Yes Streaming audio Bluetooth yes Audio Antenna Type Fixed LCD Monitors 1st row 2 Primary monitor size (inches) 4.2 Convenience Features • Retained accessory power Yes 12V DC power outlet 2 Emergency SOS Mobile device Wireless phone connectivity Bluetooth Smart device integration App link * Upfitter switches Yes

Door Lock Activation •Type Power with 2 stage unlock •Remote Keyfob (all doors) • Integrated key/remote Yes

Door Lock Type

Window Features • 1-touch down Driver and passenger • 1-touch up Driver and passenger •Tinted Deep

Front Windshield Wiper Variable intermittent Rear Windshield •Defroster Yes Window Fixed

Interior

Overhead Console Storage •Type Mini

Storage * Driver door bin Yes Front Beverage holder(s) Yes Glove box Locking * Passenger door bin Yes Illuminated Yes Instrument panel Covered bin Dashboard Yes Legroom Front 43.9" Headroom Front 40.8" Hip Room Front 62.5" Shoulder Room Front 66.7" Interior Volume Passenger volume 64.6 cu.ft.

Packages

600A Order Code 600A N/C

Includes· - Engine: 6.2L 2-Valve SOHC EFI NA VB Flex-Fuel - Transmission: TorqShift-G 6-Spd Auto w/SelectShift - 3. 73 Axle Ratio - GVWR: 10,000 lb Payload Package - Tires: L T245175Rx17E BSW AIS (4) Spare may not be the same as road tire. - Wheels: 17" Argent Painted Steel Includes painted hub covers/center ornaments. - HD Vinyl 40120140 Split Bench Seat Includes center armrest, cupholder and driver's side manual lumbar. - Radio: AM/FM Stereo w/MP3 Player Includes 4 speakers. - SYNC Communications & Enteltainmenl System Includes enhanced voice recognition with 911 Assisi, 4.2" LCD center stack screen, AppLink and 1 smart-charging USB-Cport.

Powertrain

996 Engine: 6.2L 2-Valve SOHC EFI NA V8 STD Flex-Fuel

0 99N Engine: 7.3L 2V DEVCT NA PFI V8 $2,045.00 Gas

Includes: - 3.55 Axle Ratio - Heavy-Duty Alternator (240 Amp)

0 99T Engine: 6.7L 4V OHV Power Stroke V8 $10,495.00 Turbo Diesel 820 Includes manual push-button engine-exhaust braking and intelligent oil-life monitor. Includes: - 3.31 Axle Ratio - 175 Amp Heavy Duty Alternator - Dual 78-AH 750 CCA Batteries - 29 Gallon Fuel Tank

44S Transmission: TorqShift-G 6-Spd Auto STD w/SelectShift

0 44G Transmission: TorqShift 10-Speed N/C Automatic Includes SelectShift and selectable drive modes: normal, tow/haul, eco, deep sand/snow and slippery.

0 X37 3. 73 Axle Ratio STD

0 X35 3.55 Axle Ratio N/C

0 X3H Electronic-Locking w/3.31 Axle Ratio $390.00

0 X3J Electronic-Locking w/3.55 Axle Ratio $390.00

0 X3E Electronic-Locking w/3.73 Axle Ratio $390.00

0 X4M Electronic-Locking w/4.30 Axle Ratio $390.00

0 X31 3.31 Axle Ratio N/C

0 STDGV GVWR: 10,000 lb Payload Package STD

0 680 GVWR: 9,900 lb Payload Package N/C

0 NONGV1 GVWR: 10,800 lbs N/C

0 98F CNG/Propane Gaseous Engine Prep $315.00 Package Includes hardened engine intake valves, valve seats and bi·fuel manifold. Note: This package does not include CNG/propane fuel tanks. lines, etc. Vehicle will be equipped with the standard factory gasoline fuel system. Additional equipment combined with certified calibration ref/ash is required, from an external upfitter, to convert the vehicle to a CNG/propane fueled vehicle. See Alternative Fuel Buyers Guide: 1vww.ford.com/altfuelbuyersguide. Ford Motor Company does not provide an exhaust or evaporative emissions certificate with this option when converted to use CNG or propane fuel. Ford does not represent that a vehicle converted to use CNG or propane will comply with all applicable U.S. or Canadian safety standards. It is the responsibility of the final stage manufacturer (body·builder, installer, alterer or subsequent stage manufacturer) to determine that any vehicle converted to use CNG or propane complies with U.S. Federal, California or Canadian exhaust and evaporative emission requirements, Federal fuel economy standards. U.S. and Canadian safety standards, labeling and any other requirements.

Wheels & Tires

0 TD8 Tires: LT245/75Rx17E BSW A/S (4) STD Spare may not be the same as road tire.

TBM Tires: L T245/75Rx1 ?E BSW A/T $165.00 Spare may not be the same as road tire.

$455.00 0 TCD Tires: L T265/70Rx1 ?E OWL A/T Spare may not be the same as road tire.

0 TCH Tires: L T275/65Rx18E BSW NS N/C Spare may not be the same as road tire

0 TDX Tires: L T275/70Rx18E BSW A/T (4) $265.00 Spare may not be the same as road fife.

0 TDU Tires: LT275/70Rx18E OWL A/T (4) $290.00 Spare may not be the same as road tire.

STD 64A Wheels: 17" Argent Painted Steel Includes painted hub covers/center ornaments.

0 648 Wheels: 18" Sparkle Silver Painted N/C Cast Aluminum Includes bnght hub covers/center ornaments.

0 512 Spare Tire, Wheel, Carrier & Jack $295.00 Required in RI. Spare tire is standard equipment; becomes optional when (66D) Pickup Box Delete is ordered.

Seats & Seat Trim

0 A HD Vinyl 40/20/40 Split Bench Seat STD Includes center armrest, cupholder and driver's side manual lumbar.

Cloth 40/20/40 Split Bench Seat $100.00 Includes center armrest, cupholder and driver's side manual lumbar.

Other Options

142WB 142" Wheelbase STD

PAINT Monotone Paint Application STD

0 96V XL Value Package $395.00

Includes: - Bright Chrome Hub Covers & Center Ornaments - Chrome Front Bumper - Chrome Rear Step Bumper - Steering Wheel-Mounted Cruise Control

0 17S STX Appearance Package $1,825.00 Includes STX fender vent badge. Includes: - Bright Chrome Gn/le - Bright Chrome Hub Covers & Center Ornaments - Chrome Front Bumper - Chrome Rear Step Bumper - Steering Wheel-Mounted Cruise Control - Wheels: 18" Sparkle Silver Painted Cast Aluminum Includes bright hub covers/center ornaments - Tires: L T275/65Rx18E BSW NS Spare may not be the same as road tire.

90L Power Equipment Group $865.00 Deletes passenger-side foci< cylinder. Includes upgraded door trim panel. Includes: - Accessoty Delay - Trailer Tow Mirrors w/Power Heated Glass Includes manual folding, manually telescoping and heated convex spotter mirror. - Advanced Security Pack Includes SecuriLock Passive Anti-Theft System (PA TS) and inclination/intrusion sensors. - Power Locks - Power Tailgate Lock - Power Front Seal Windows Includes 1-touch up/down driver/passenger window. - Remote Keyless Entty

0 17X FX4 Off-Road Package $400.00

Includes: - Hill Descent Control - Off-Road Specifically Tuned Shock Absorbers Includes front/rear. - Transfer Case & Fuel Tank Skid Plates • Unique FX4 Off-Road Box Decal

0 473 Snow Plow Prep Package $250.00 Includes computer selected springs for snowplow application. Nore 1: Restrictions apply; see Supplemental Reference or Body Builders Layout Book for details. Note 2: May result in deterioration of ride quality when vehicle is not equipped with snowplow.

$160.00 0 471 Camper Package Includes heavy-service front springs (1 up upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment). rear auxiliary springs and slide-in camper cer1ification. Note 1: Salesperson's Source Book or Ford RV Trailer Towing Guide should be consulted for specific trailer towmg or camper limits and corresponding reqwred equipment, axle ratios and model availability. Note 2: May result in deterioration of ride quality when vehicle is not equipped with camper. Includes: - Rear Stabilizer Bar

478 Snow Plow/Camper Package $245.00 Includes computer selected springs for snowplow application and heavy service front springs (1 up upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment) and slide-in camper certification. Nole 1: Salesperson's Source Book or Ford RV Trailer Towing Guide should be consulted for specific trailer towing or camper limits and corresponding required equipment, axle ratios and model availability. Restrictions apply; see Supplemental Reference or Body Builders Layout Book for details. Expect firmer ride when vehicle is not equipped with snowplow and/or camper. Note 2: May result in deterioration of ride quality when vehicle is not equipped with snowplow and/or camper. Includes: - Rear Stabilizer Bar

0 535 High Capacity Trailer Tow Package $1 ,130.00 Includes increased GCW from 23,500 lbs. to 30, 000 lbs and upgraded axle. Note: Salesperson's Por1folio or Trailer Towing Guide should be consulted for specific trailer towing or camper limits and corresponding required equipment, axle ratios and model availability. See Supplemental Reference for vehicle height consideration. Includes: - GVWR: 10,800 lbs

0 530 Pro Trailer Backup Assist - High $2,785.00 Capacity Note: Salesperson's Portfolio or Trailer Towing Guide should be consulted for specific trailer towing or camper limits and corresponding required equipment, axle ratios and model availability. See Supplemental Reference for vehicle height consideration. Includes: - Lane-Keeping Alert - High Capacity Trailer Tow Package Includes increased GCW from 23,500 lbs. to 30,000 lbs and upgraded axle. Note: Salesperson's Portfolio or Trailer Towing Guide should be consu//ed for specific trailer towing or camper limits and corresponding required equipment. axle ratios and model availability. See Supplemental Reference for vehicle height consideration. - GVWR: 10,800 lbs - Ultimate Trailer Tow Camera System Includes rear view camera, 360 degree camera system, rear CHMSL camera, trailer reverse guidance and LED center high-mounted stop lamp.

0 67H Heavy-Service Front Suspension $125.00 Package Includes heavy-service front springs (1 up upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment). Recommended only on vehicles which will permanently utilize aftermarket equipment such as heavy-duty winches, brush guards or other apparatus which loads the front axle to the specified Gross Axle Weight Rating (GAWR). Note 1: Vehicle ride height will increase with the addition of this package. Note 2: May result in deterioration of ride quality when vehicle is not equipped with front end utility attachment.

0 63R Heavy-Service Package for Pickup Box $125.00 Delete

0 66D Pickup Box Delete -$625.00 Deletes tie-down hooks, tailgate, reaNiew camera, 714 pin connector and center high-mounted stop lamp (CHMSL) (only on vehicles over 10,000 lbs. GVWR). Incomplete vehicle package · requires further manufacture and certification by a final stage manufacturer. In addition, Ford urges manufacturers to follow the recommendations of the Ford Incomplete Vehicle Manual and the Ford Truck Body Builder's Layout Book (and applicable supplements). Includes: - Rear Bumper Delete - Spare Wheel, Tire, Carrier & Jack Delete

0 41P Transfer Case & Fuel Tank Skid Plates $100.00

0 41H Engine Block Heater $100.00

0 62R Transmission Power Take-Off Provision $280.00 Includes transmission mounted live drive and stationary mode PTO.

0 86A Engine Idle Shut Down - 5 Minutes $250.00 After a predetermined period, the engine PCM automatically shuts down the engine and triggers the accessory module to shutdown power to the accessories to minimize battery drain.

0 86B Engine Idle Shut Down - 10 Minutes $250.00 After a predetermined period, the engine PCM automatically shuts down the engine and triggers the accessory module to shutdown power to the accessories to minimize battery drain.

0 86C Engine Idle Shut Down - 15 Minutes $250.00 After a predetermined period, the engine PCM automatically shuts down the engine and triggers the accessory module to shutdown power to the accessories to minimize battery drain.

0 860 Engine Idle Shut Down - 20 Minutes $250.00 After a predetermined period, the engine PCM automatically stwts down the engine and triggers the accessory module to shutdown power to the accessories to minimize battery drain.

0 98R Operator Commanded Regeneration $250.00 (OCR)

86M Dual 78 AH Battery $210.00

0 66B Box link $75.00

0 60C Audible Lane Departure Warning $115.00

0 608 Blind Spot Information System (BUS) $540.00 Includes cross-traffic alert and trailer tow (BUS sensor in tail/amp).

0 94P Pre-Collision Assist Variable Includes Automatic Emergency Braking (AEB), automatic high beam and forward collision warning.

67E 240 Amp Alternator $85.00

0 67A 332 Amp Alternators N/C

0 678 397 Amp Alternators $115.00

0 66L LED Box Lighting $60.00 Includes LED Center High-Mounted Stop Lamp (CHMSL).

528 Trailer Brake Controller $270.00 Verified to be compatible with select electric over hydraulic brakes. Includes smart trailer tow connector.

0 53W 5th Wheel/Gooseneck Hitch Prep $500.00 Package Includes 5 pickup bed attachment points with plugs, 1 frame under-bed cross member and 1 integrated 7-pin connector on driver's side pickup bed wall. 5th wheel hitch compatibility: the 5th Wheel/Gooseneck Prep Package (53W) is compatible with the factory orderable 5th Wheel Hitch Kits (15K and 15L) and dealer-installed Ford accessories 5th Wheel Hitch Kit by Reese - part #BC3Z-190520-A (Bft box only). The prep package 1s also compatible with Reese Signature Series 5th wheel hitch kits updated with a new Leg Service Kit - part #BC3Z AOOA25-A (8ft box only). The 5th Wheel Hitch Kit (15K), 5th Wheel Hitch Kit (15L) and dealer-installed Ford accessories 5th IMleel Hitch Kit by Reese - parl #BC3Z-190520-A is not released to the short box (6. 75ft box). Note: the shorl pickup box provides less clearance between the cab and 5th wheel trailer compared to long box pickups. The receiver centerline of the hitch should be mounted at least 2" forward from the rear-axle of the truck chassis. When selecting a trailer and tow vehicle, it's critical that this combination provide clearance between the cab and tow vehicle for turns up to and including 90 degrees. Failure to follow this recommendation could result in the trailer contacting the cab of the tow vehicle during tight turns. Gooseneck hitch compatibility: the 5th Wheel/Gooseneck Prep Package (53W) is compatible only with the factory orderable Gooseneck Hitch Kit (15J) or dealer-installed Ford customer accessories Gooseneck Hitch by Reese - part #BC3Z-19F503-A (Bft box and 6. 75 ft box).

0 18B Platform Running Boards $320.00

0 872 Rear View Camera & Prep Kit $415.00 Pre-installed content includes cab wiring, frame wiring to the rear most cross member and video display with 4 • display. Upfitters kit includes camera with mounting bracket, 14 'jumper wire and camera mounting, aiming instructions and electrochromic mirror.

$200.00 0 873 Rear CHMSL Camera Display m center stack screen. Includes LED Center High-Mounted Stop Lamp (CHMSL) with cargo light and rear video camera.

0 53R Pro Trailer Backup Assist $1 ,655.00

Includes: - Lane-Keeping Alert - Ultimate Trailer Tow Camera System Includes rear view camera, 360 degree camera system. rear CHMSL camera. trailer reverse guidance and LED center high-mounted stop lamp.

592 LED Roof Clearance Lights $95.00

0 85G Tailgate Step & Handle $375.00

0 85S Tough Bed Spray-In Bedliner $595.00 Includes tailgate-guard, black box bed tie-down hooks and black bed attachment bolts.

43B Fixed Rear-Window w/Defrost $60.00

924 Privacy Glass N/C

0 43C 110V/400W Outlet $175.00 Includes 1 in-dash mounted outlet.

0 16F Color-Coordinated Full Carpet w/Floor $60.00 Mats

0 41A Rapid-Heat Supplemental Cab Heater $250.00

Includes. - 397 Amp Alternators

0 76S Remote Start System $250.00

66S Upfitter Switches (6) $165.00 Located in overhead console.

587 Radio: AM/FM Stereo w/MP3 Player STD Includes 4 speakers. Includes: - SYNC Communications & Entertainment System Includes enhanced voice recognition with 911 Assist, 4.2" LCD center stack screen, AppLmk and 1 smart-charging USB-C port.

0 91 3 SYNC 3 Communications & $450.00 Entertainment System Includes enhanced voice recognition, 8" LCD capacitive touch screen in center stack with swipe capability, pinch-to zoom capability included with available voice-activated touchscreen navigation system, 4.2" productivity screen in IP cluster, AppLink, 911 Assist, Apple CarPlay and Android Auto capability and 2 smart charging USB-C ports.

$185.00 0 39S SiriusXM Radio Includes a 6-month prepaid subscription and 1 /IP mounted center speaker. Services are not available in Alaska and Hawaii. SiriusXM audio and data services each require a subscription sold separately or as a package by SiriusXM Radio Inc. If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then-cuffent rates. Fees and taxes apply. To cancel you must call SiriusXM at 1-866-635-2349. See SiriusXM customer agreement for complete terms at www.siriusxm.com. All fees and programming subject to change. SiriusXM and all related marks and logos are trademarks of SiriusXM Radio Inc.

$575.00 0 62X Aluminum Crossbed Toolbox (Pre Installed) Defender Series by Weather Guard.

$790.00 0 62Y Premium Aluminum Crossbed Toolbox (Pre-Installed) Model #127-0-02 by Weather Guard.

$695.00 0 52R Stowable Loading Ramps (Pre Installed) Requires second unit body.

0 91S Amber LED Warning Strobes (Pre $675.00 Installed) Includes center high-mounted stop light bar and 2 hood mounted lights.

0 91G Amber-White LED Warning Strobes $725.00 (Pre-Installed) Includes center high-mounted stop light bar and 2 hood mounted lights.

0 87H Black Molded Hood Deflector (Pre $130.00 Installed)

0 85L Drop-In Bedliner (Pre-Installed) $350.00

0 21D Soft Folding Tonneau Pickup Box $525.00 Cover (Pre-Installed)

0 21E Hard Folding Tonneau Pickup Box $995.00 Cover (Pre-Installed)

0 21J Retractable Tonneau Pickup Box Cover $1 ,695.00 (Pre-Installed)

0 61L Front Wheel Well Liners (Pre-Installed) $180.00

0 61M Rear Wheel Well Liners (Pre-Installed) $180.00

0 61N Front & Rear Wheel Well Liners (Pre $325.00 Installed) Custom accessory.

0 87B Bed Step $325.00

0 85M Bed Mat (Pre-Installed) $150.00 Custom accessory.

0 61S Front Splash Guards/Mud Flaps (Pre $130.00 Installed)

0 62S Rear Splash Guards/Mud Flaps (Pre N/C Installed)

0 76C Exterior Backup Alarm (Pre-Installed) $140.00 Custom accessof}I.

$250.00 0 15J Gooseneck Hitch Kit (Pre-Installed)

0 15L 19K 5th Wheel Hitch Kit (Pre-Installed) $1,095.00

Fleet Options

0 17F XL Decor Group (LPO) $220.00 Requires valid FIN code.

Includes: - Brighi Chrome Hub Covers & Center Ornaments - Chrome Front Bumper - Chrome Rear Step Bumper

0 525 Steering Wheel-Mounted Cruise $235.00 Control (LPO) Requires valid FIN code.

0 942 Daytime Running Lamps (DRL) (LPO) $45.00 Requires valid FIN code. The non-control/able 942 Daytime Running Lamps (DRL) replace the standard Daytime Running Lamps (ORL) on/off cluster controllable.

$80.00 0 926 Speed Limitation - 65-MPH Governed Top Speed (LPO) Requires valid FIN code.

0 927 Speed Limitation - 75-MPH Governed $80.00 Top Speed (LPO) Requires valid FIN code.

0 18A Upfitter Interface Module (LPO) $295.00 Requires valid FIN code.

$130.00 0 595 Halogen Fog Lamps (Fleet)

0 76R Reverse Sensing System (Fleet) $245.00

Emissions

~ 425 SO-State Emissions System STD

Interim City Manager Glenn Moshier To: City Council Members

From: Jason Ingalls

Date: September 16, 2020

Re: Request of the IT Systems Administrator to purchase network storage.

In 2018 the City upgraded our server infrastructure to Scale Computing HC3 hardware. The system is "modular" so that we can add additional resources on the fly. Over the past two years or storage utilization for our systems and backups has increased to the point where we need to add an additional module to each or our HC3 clusters.

These two clusters host all of the servers throughout the City and are critical to our ability to provide services to our citizens and employees. These new modules will also help us achieve an eventual move to remote desktop services for our employees.

Working with Scale we have determined the best unit for our system and working with Insight Public Sector have provided us with pricing of $28,085.00.

Suggested Motion: Move to approve the IT Systems Administrator to purchase additional network storage from Insight Public Sector for $28,085.00. Funding as follows: $25,000 from the Network Storage CIP and $3,085 from the Water Department CIP. Cou/Jci( o,JJ.., =# 07-2oo~ ~~--~~~~~~~~-p_,_·o_n_\-~-7-ryD_H-:-~k-Pl-~(-a-~-:-:-~-~-:-;~-:-~-,0-o4-~-~';-_~-19-:~- ELLSWOR_TH" Phone (207) 667-8666 • Fax (207) 667-4902 Bimness, Leisure, Life. www.ellsworthmaine.gov MEMO

To: City Council Cc: David Cole, City Manager Heidi Grindle, City Clerk From: Richard Tupper, Fire Chief Date: 09-10-2020

Re: Request to use reserve funds to purchase a retiring police cruiser for inspections and code enforcement

As we have in the past, I am requesting to purchase one of the two police cruisers that are being traded in by the police department for new cruisers to replace the current inspection vehicle.

The trade-in allowance that the police department was quoted is $6,0 I 0.00. I am requesting to transfer $6,010.00 from the training site improvement reserve account that currently has a balance of $6,403. 75. I would request to utilize the remaining funds in this reserve account for modifications to this vehicle, to include re-lettering and changing the LED lights in the light-bar from blue to red. This would zero out this reserve account.

The training site improvement reserve account is separate from the training site operating account. The training site operating account, revenue and expenses, keep the training site self sufficient.

This vehicle would primarily be used by the fire inspector and code inspector for inspections throughout the city. Additionally we would use this vehicle to travel to classes, meetings and etcetera, so that we would not have to rent a vehicle.

The current code vehicle was also acquired when the police department replaced it with a new cruiser. The current code vehicle has in excess of 150,000 miles and is showing signs of mechanical ware. Options for the disposal of the current vehicle could be to; give it to HCTC automotive program, auction it through a municipal auction site, or try to sell it outright.

Suggested motion: Mo\'e to approve the request of the Finance Director to withdraw funds from the Training Site Impro\'ement Reserve Account to purchase one of the police cruisers that are being traded, and the remaining funds to be used for modifications as described. I I Memorandum

To: City Council Members CC: City Manager From: Mike Harris Wastewater Superintendent Date: 911712020 Re: Collection system maintenance 2020

I am writing this letter to request that the council approve the proposal for $41,560.00 by the Ted Berry Company to Jet/Vacuum and video inspect 25000 ft of our sewer mains. This price is based on the work taking I 0 days to complete. Due to some past incidents with our collection system both the DEP and our insurance company are directing the city to be more robust with our collection system maintenance. This work is the fundamental building block to maintaining the integrity of our collection system. This work will focus on the area that flows to the Water St pump station I selected this area because it will help satisfy DEP requirements associated with the Water St pump station upgrade. I hope that we can identify some sources of Inflow and infiltration that are causing the surcharging issues at the Water St pump station.

The Ellsworth Wastewater Superintendent respectfully requests that the city council approve the proposal from the Ted Berry Company for $4 J ,560. With funds coming from the Wastewater Sewer Line Maintenance Budget Line.

1 1EDBERRY COMPANY LLC.

A. VORT l X COM P A N Y Mike Harris City of Ellsworth 526 Main Street, Ellsworth, ME 04605

August 18, 2020

Greetings Mike,

Subject: Clean and Inspect Gravity Sanitary Sewer Lines, Ellsworth, ME, 20T0683

Thank you for giving us the opportunity to provide you with the following proposal.

Scope of Work includes cleaning and CCTV of approximately 25,000 linear feet of pipe and production of two copies of the inspection report in DVD format and two copies in written report format. • Clean and CCTV inspect approx. 25,000 linear feet mostly 6-8" PVC Sanitary Sewer mainline pipe within the City of Ellsworth, commercial areas, state roads: 1. 25,000 LF sewer cleaning 2. 25,000 LF sewer CCTV, PACP certified

Project Responsibilities City of Ellsworth: To help achieve a smooth and successful project, you will be considered the owner of the project and it will be your responsibility to perform the following: • Provide a designated contract coordinator • Provide all access into all piping and coordination with effected stakeholders and local or state agencies as required. • Expose all manholes covers. • Provide maps or prints with asset names, pipe & manhole IDs. • Provide water source capable of filling large capacity tanks. • Provide a location suitable to dump debris in the form of grit.

Ted Berry Company LLC • Provide a designated project manager • Provide a written work plan prior to start of work • Provide traffic control flaggers per MUTCD Guidelines • Provide a CCTV Inspection team with all labor, materials, and equipment to complete the project. Operator will be NASSCO PACP certified. • Provide a cleaning team with all labor, materials, and equipment to complete the project. • Provide disposal of debris in the form of grease.

Ted Berry Company LLC Employees • Project Manager (Off Site) • PACP Certified CCTV Operator • CCTV Technician • Vactor CDL Operator • Optional Water Truck CDL Operator

I 521 Federal Road, Livermore, ME 04253 I TED BERRY COMPANY LLC.

/..VORTEX COMPAHV Ted Berry Company LLC Equipment • Mainline CCTV Unit with studio style climate-controlled control room onboard with room for owner representative. • Vactor/Jet truck with 8" vacuum hose and 1" sewer jet hose. • Optional 1500-gallon water tanker to support cleaning operations

Proposed Work Plan Pre-Planning • Proposal to customer • Execute contract documents • Owner to provide copies of sewer system mapping • Work scheduled for completion in the fall of 2020 Cleaning and CCTV- Each Day through duration (8 hours shift- Field) • Mobilization to Job Site • Review Scope of Work & Safety • Setup Traffic Cones, signs, flaggers • Begin Cleaning, Begin Inspections- 7:00am (typical day) • QA/QC with Customer - Customer sign off on field sheets • Restore job site • Demobilization Post Planning • Deliverables o Provide Copy of l.T. Pipes Viewer in USB format & Hard Copy of Written Report. • Includes all line reports. Line reports are a compilation of data gathered during an inspection typically starting at one manhole or entry point and ending at a manhole or exit point. Data gathered includes but is not limited to: pipe size, pipe type, starting point, ending point, distance, observations of interior pipe conditions, observation photos, observation descriptions, etc. • Includes all .jpeg photos taken during the inspection. Photos are typically taken to show the start of the inspection, pipe deformations, existing debris build-up inside the pipe section, inspection end point, etc. • Includes all .jpeg videos. Individual video files created for each pipe section inspected. • l.T. Pipes Viewer includes a print manager option which allows owner to print additional or future line reports • Project Billing

Differing conditions 1. Broken pipe or structure- All attempts will be made to inspect through condition however may result in a termination of inspection of the individual line segment. 2. Obstructed pipe or structure- All attempts will be made to inspect through condition however may result in a termination of inspection of the individual line segment. 3. Unknown changes in pipe direction or change in pipe ID- All attempts will be made to inspect through change in direction and/or pipe ID however may result in a termination of inspection of the individual line segment.

I 52 1 Federal Road, Livermore, M E 04253 I 1EDBERRY COMPANY LLC.

1.. VOAT[). C OM P A H Y 4. Flows in the gravity piping higher than anticipated by the owner - If debris levels or flows in the wastewater system are higher than anticipated all attempts will be made to inspect through condition however may result in a termination of inspection of the individual line segment. Billable Units Description Unit Price Probable Cost Estimate CCTV Sewer Main Inspections & Cleaning, $36,800.00 $3,680.00 per Day Day Rate up to 8 Hours on Site 10 Days Traffic Control Flaggers $4,760.00 $29.75 each per Hour 10 Days, 2 Flae:e:ers Optional Water Tanker & COL Operator $955.00 per day TBD (grease removal) see description below Base Estimate of Probable Cost: $41,560.00 Project estimate is based on 10 working days at 8 hours per day field time. The deliverables package is included in the day rate price. The optional water tanker will greatly improve efficiency when cleaning lines with grease. Prices assume that Davis-Bacon or Prevailing Wages do not apply to this project. • The water tanker will help increase production in areas of high levels of grease and debris by keeping a constant water supply to the Vacuum truck eliminating the need to travel back and forth the water fill location. Terms and Conditions • All quotes are good for 30 days from date of inquiry. • Payment is due Net 30 from the date the project is completed. General Conditions: Owner recognizes and acknowledges: (a) that the specialized nature of TBC's services as they relate to pipes and structures involves the removal of light to heavy debris, often preventing adequate flow; (b) that the services to be provided under this Agreement involve robotic CCTV inspection and may implicate conditions not readily discemable prior to the start of work by the Owner; and (c) that pipe cleaning, including the removal of debris, flushing, and vacuuming of structures or pipes, may be impacted by pipe damage or conditions such as broken, cracked, offset, collapsed, eroded, corroded or otherwise deteriorated pipe. TBC shall not be responsible to Owner or any third party for any sums of money on account of any claims or suits arising by reason of the condition of the pipe or structures encountered by TBC in rendering services hereunder, including conditions precipitating pipe collapse, deteriorated/corroded pipe, the compromised structural integrity of pipe, and unanticipated back up and discharge flows, including resultant residential or third party impacts.

We appreciate the opportunity to provide you with this proposal and we look forward to the chance to work with you. Please sign and return signed copy upon acceptance of this proposal.

Sincerely,

Charlie Roberts Project Manager

Accepted by: Title: ______

521 Federal Road, Livermore, ME 04253 I T'EDBERRY COMPANY LLC.

I. VOR T EX C O fi'. P AHY Print name: Date: ______

No job is so important and no service is so urgent that we cannot take the time out to perform or work safely.

I 521 Federal Road, Livermore, ME 04253 I Clean Harbors Environmental Services, Inc. 408 Cary Circle Hampden, ME 04444 www.cleanharbors.com

September 16, 2020

Attn: Mr. Michael Harris Ellsworth City of 333 Water Street Ellsworth, ME 04605

Quote #3576772

Dear Mr. Harris:

Thank you for considering Clean Harbors Environmental Services, Inc. for your environmental service needs. We provide a broad range of environmental services including hazardous and non-hazardous waste transportation and disposal, laboratory chemical packing, emergency response, field services and industrial maintenance. We are pleased to provide this proposal based on the scope of work outlined below.

We offer our clients a broad spectrum of environmental services and the ability to dispose of hazardous material at or through a Clean Harbors' owned and operated facility. In addition to managing your waste streams, a Clean Harbors' professional can assist you with:

Waste Transportation & Disposal • 24-Hour Environmental Emergency Response • Laboratory Chemical Packing • Industrial Services Field Services • InSite Services l look forward to servicing your environmental needs. When you are ready to place an order, please contact our Customer Service group at 800.444.4244. If you have any questions or need further assistance, you may reach me at the number below.

Sincerely,

Wayne A Ireland Field Service Specialist Phone: 207.262.9504 [email protected]

"People and Technologr Creating a Sofer. Cleaner En11iro11111enl" September 16, 2020 Page 2 of 4 Clean Harbors Quote #3576772

LINE CLEARING

Amount Description Qty/UOM Days

I Equipment Operator 8 hour I I Equipment Operator, Overtime 2 hour I I Field Technician 8 hour I I Field Technician Overtime 2 hour I I Hydrovac - Single Drive IO hour I I PickupNan/Car/Crew Cab I day n/a I ENGINEERING & INSPECTION SERVI I each n/a

TOTAL LABOR, EQUIPMENT, AND MATERIAL $48,040.00 $9,608.00 per day, estimated 5 days Estimated Recovery Fee $4,804.00 Estimated total, including Fees $52,844.00

GENERAL CONDITIONS

• Except where superseded by an existing services agreement the following terms and conditions apply to this quoted business. • The customer hereby acknowledges that the estimated cost is based upon a preliminary appraisal by a Clean Harbors Representative, and that the amount invoiced by Clean Harbors will be based upon labor and materials actually expended in performing the scope of work. Any changes in the scope will be billed on a time and materials basis. • Clean Harbors guarantees to hold these prices firm for 60 days. • Terms: Net 45 Days • For work to begin we ask that you acknowledge the quotation with a signature and provide the appropriate purchase order number. Where modifications to the scope of services become necessary, Clean Harbors will notify the customer promptly and obtain customer authorization for such modifications and a revised contract price will be established in order to finish the project. • This proposal is contingent on the customer providing full and complete access to the site. Customer represents and warrants to Clean Harbors that the customer has the legal right, title and interest necessary to provide access to the site. In addition, customer warrants that it has supplied Clean Harbors complete and accurate information regarding the site, subsurface conditions, utility locations, site ownership, hazardous materials or wastes and other substances or hazards likely to be present and any other reports, documentation or information concerning the scope of work.

"People and Tec/J 11ology Creati11g o Saler. Cleaner £ 11 viro11me111 " September 16, 2020 Page 3of4 Clean Harbors Quote #3576772

GENERAL CONDITIONS

• Interest will be charged at 1.5% per month or the maximum allowed by law for all past due amounts. • Disposal will be managed within the Clean Harbors Network of Approved Facilities. • Local, state and federal fees/taxes applying to the generating location/receiving facilities are not included in disposal pricing and will be added to each invoice as applicable. • Materials subject to additional charges if they do not conform to the listed specifications. • Electronically submitted profiles will be approved at no charge. Paper profiles will be charged at $75.00 each. Clean Harbors supports many invoice delivery options (E-mail, Electronic Invoicing, EDI, Etc.). Pricing is based on Clean Harbors' standard invoice delivery method of E-mail. If another delivery method is required there could be an additional service fee per invoice. Any alternate delivery methods must be reviewed and approved by Clean Harbors prior to acceptance and implementation. • A variable Recovery Fee (that fluctuates with the DOE national average diesel price), currently at I 0.0%, will be applied to the total invoice. For more information regarding our recovery fee calculation please go to: www.cleanharbors.com/contact-us/customer-resources. • Pickups that require same day or next day service may be subject to additional charges. • Pickups cancelled within 72 hours of scheduling will be subject to cancellation charges. • Transportation charges to the final disposal facility will be charged in addition to local transportation to our truck to truck hub/local facility and will vary with logistics and routing. • Time over eight (8) hours in the normal workday and all day Saturday is considered overtime and will be billed at 1.5 times the applicable straight time rate for all billable personnel unless otherwise quoted. Sunday and Holidays are considered premium time and will be billed at 2.0 times the applicable straight time rate for all billable personnel unless otherwise quoted. • This proposal is submitted contingent upon the right to negotiate mutually acceptable contract terms and conditions, which are reflective of the work contemplated, and an equitable distribution of the risks involved therein. In the event that such agreement cannot be reached, Clean Harbors reserves the right to decline to enter into such an agreement without prejudice or penalty. • In the event that legal or other action is required to collect unpaid invoice balances, Customer agrees to pay all costs of collection, including reasonable attorneys' fees, and agrees to the jurisdiction of the Commonwealth of Massachusetts. • The USEPA implemented the E-manifest system in June 2018 and charges the receiving TSDF a fee per manifest that is subject to change at USEPA 's discretion. Clean Harbors currently charges $20 per manifest to cover this cost on every invoice. This charge is subject to change if USEPA applies increased charges in the future. • Unless specifically noted, these rates are not valid where Prevailing Wages and I or certified payroll apply. Any Prevailing Wage rates will be quoted on a case-by-case basis. • Customer will be responsible for providing water on site. If not provided, additional charges will apply.

· "People al7ll Techno/ugr Creating a Sc!fer, Cleoner £11vironme111 " September 16, 2020 Page 4 of 4 Clean Harbors Quote #3576772

ACKNOWLEDGEMENT

Your signature below indicates your acceptance of the pricing and tem1s detailed in the quote above.

Thank you for the opportunity to be of service.

Signature PO# Date

Print Name

Quote # 3576772

.. People and Technology Crearing a Safer. Cleaner Em 1iro11111e111 ..