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Home My WebLink AboutCity Council - 11/16/2021 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, NOVEMBER 16, 2021 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Dan Gregerson, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. BUDGET ENTERPRISE FUNDS Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. WENDI RUSSO – TIERED WATER PRICING AND BILLS III. ADJOURNMENT 11/16/2021 Deliver: A safe and reliable supply of water The safe collection and removal of wastewater A storm water and natural waterway system that protects property, people, and the environment A reasonable rate structure so that we can provide services and continued capital investment A rate structure that promotes water conservation and the climate action plan 2010 Cost of Seasonal Irrigation Evaluated 2010 201720142013 2013 Rate Structure Performance Evaluated for Additional Conservation Potential 2011 2011 5-Tier Rate Structure Adopted 2012 2015 2016 2014 5-Tier Rate Structure Modified to further Promote Conservation Pre-2010 Constant Block Structure Conservation Surcharge > 150% of Winter Quarter Usage 2017 Update Financial Plan for Utilities, Addressing Conservation Impacts and Continued Conservation Approach Year Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 2021 20 40 60 61 plus 2020 20 40 60 61 plus 2019 20 40 60 61 plus 2018 20 40 60 61 plus 2017 24 40 60 90 91 plus 2016 24 40 60 90 91 plus 2015 24 40 60 90 91 plus 2014 24 40 60 90 91 plus 2013 36 48 60 78 79 plus 2012 36 48 60 78 79 plus 2011 36 48 60 78 79 plus Gallons (in thousands) Quarterly Usage RESIDENTIAL CUSTOMERS PER TIER 91% 9% 1%0% Winter Billing 84% 14% 2% Spring Billing 57%23% 10%10% Summer Billing 67% 20% 8%6% Fall Billing 2021 Rate by AE2S ITEM - ACTIVITY DESCRIPTION % change '21 to '22 % change '22 to '23 RESIDENTIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3%3% Water (Residential) Per 1,000 gallons Tier 1 0 to 20,000 gallons 3%3% Tier 2 20,001 to 40,000 gallons 3%3% Tier 3 40,001 to 60,000 gallons 3%3% Tier 4 60,001 and above 3%3% Water All Other Classes (includes commercial, apartments, institutions, etc)3%3% Base Charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 3%3% Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage Single-family homes/Multi-family homes Each 3%3% Apartments Per acre rates 3%3% Parks / open space / golf course / rail road Per acre rates 3%3% Undeveloped land Each 3%3% COMMERCIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 3%3% Water All Other Classes (includes commercial, apartments, institutions, etc)3%3% Base charges Each R.E.C. will be billed: one-half base charge for water and one-half base charge for sewer 3%3% Base charges are billed on the greater of the number of R.E.C.'s on connections Storm Drainage - Commercial Industrial Per acre rates 3%3% Commercial/office Per acre rates 3%3% Institutions Per acre rates 3%3% Airport/landfill Per acre rates 3%3% Parks / open space / golf course / rail road Per acre rates 3%3% Undeveloped land Each 3%3% IRRIGATION Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year. Tier 1 0 to 13,000 gallons 3%3% Tier 2 13,001-20,000 gallons 3%3% Tier 3 20,001 and above 3%3% 18,000 gallons a quarter 2019 2020 2021 2022 2023 Water 40.50 42.30 43.20 44.46 45.90 Sewer 62.10 63.90 65.70 67.68 69.66 Storm 15.10 16.30 17.60 18.13 18.67 Base Charge 36.00 39.00 42.00 43.46 44.98 Total quarterly amount 153.70$ 161.50$ 168.50$ 173.73 179.21$ Percent Change 5.1%4.3%3.1%3.2% Monthly 51.23$ 53.83$ 56.17$ 57.91$ 59.74$ Yearly 614.80$ 646.00$ 674.00$ 694.92$ 716.84$ 2020 2021 2022 2023 Water Flow (1,000 gallons) Utility Rate Study 7,115,662$ 7,305,788$ 7,506,777$ 7,747,071$ Actual 6,870,846$ Water Revenue Utility Rate Study 2,063,757$ 2,222,563$ 2,301,845$ 2,381,248$ Actual 2,068,687$ Wastewater Flow (1,000 gallons) Utility Rate Study 5,122,009$ 5,222,912$ 5,325,803$ 5,485,578$ Actual 4,827,077$ Wastewater Revenue Utility Rate Study 2,070,819$ 2,230,151$ 2,309,724$ 2,389,396$ Actual 2,068,687$ Stormwater Revenue Utility Rate Study 3,297,735$ 3,561,554$ 3,668,401$ 3,778,453$ Actual 3,376,785$ - 100,000 200,000 300,000 400,000 500,000 600,000G a l l o n s Water used (millions) 2021 2020 2012 1.001.251.501.752.002.252.502.753.003.253.503.754.004.254.504.755.00 April May June July I n c h e s Precipitation 2021 10 Year Avg 40.0043.0046.0049.0052.0055.0058.0061.0064.0067.0070.0073.0076.0079.00 April May June July August D e g r e e s Temperature 2021 10 Year Avg 2021 2022 Percent 2023 Percent Revenues Budget Proposed Difference Change Proposed Difference Change Operating Revenues 9,634,351$ 9,914,622$ 280,271$ 2.9%10,234,318$ 319,696$ 3.2% Non-Operating Revenues 493,822 30,000 (463,822) (93.9%)30,000 - 0.0% 10,128,173$ 9,944,622$ (183,551)$ (1.8%)10,264,318$ 319,696$ 3.2% Expenses Personnel Services 2,991,807$ 3,139,172$ 147,365$ 4.9%3,268,407$ 129,235$ 4.1% Supplies 1,023,109 1,060,000 36,891 3.6%1,066,000 6,000 0.6% Contractual Services 2,619,128 2,521,930 (97,198) (3.7%)2,644,565 122,635 4.9% User Charges 332,184 413,782 81,598 24.6%430,913 17,131 4.1% Capital Under $25,000 341,961 109,560 (232,401) (68.0%)106,560 (3,000) (2.7%) 7,308,189$ 7,244,444$ (63,745)$ (0.9%)7,516,445$ 272,001$ 3.8% Other Capital Outlay - - - -- - - Depreciation 3,114,130 2,891,891 (222,239) (7.1%)2,732,642 (159,249) (5.5%) Non-Operating Expenses 30,005 187,231 157,226 524.0%200,311 13,080 7.0% Transfer Out 211,613 221,012 9,399 4.4%231,831 10,819 4.9% Change in Net Assets (535,764)$ (599,956)$ (64,192)$ 12.0%(416,911)$ 183,045$ (30.5%) 2021 2022 Percent 2023 Percent Revenues Budget Proposed Difference Change Proposed Difference Change Operating Revenues 7,453,063$ 7,635,527$ 182,464$ 2.4%7,874,974$ 239,447$ 3.1% Non-Operating Revenues 109,000 10,000 (99,000) (90.8%)10,000 - 0.0% 7,562,063$ 7,645,527$ 83,464$ 1.1%7,884,974$ 239,447$ 3.1% Expenses Personnel Services 951,946$ 1,000,490$ 48,544$ 5.1%1,036,317$ 35,827$ 3.6% Supplies 102,000 80,000 (22,000) (21.6%)80,000 - 0.0% Contractual Services 4,676,212 4,521,067 (155,145) (3.3%)4,692,144 171,077 3.8% User Charges 255,597 326,011 70,414 27.5%341,127 15,116 4.6% Capital Under $25,000 97,420 - (97,420) (100.0%)- - - 6,083,175$ 5,927,568$ (155,607)$ (2.6%)6,149,588$ 222,020$ 3.7% Other Depreciation 1,653,679 1,656,407 2,728 0.2%1,376,583 (279,824) (16.9%) Transfer Out 148,130 154,708 6,578 4.4%162,282 7,574 4.9% Change in Net Assets (322,921)$ (93,156)$ 229,765$ (71.2%)196,521$ 289,677$ (311.0%) $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2021 2022 Percent 2023 Percent Revenues Budget Proposed Difference Change Proposed Difference Change Operating Revenues 3,561,554$ 3,668,401$ 106,847$ 3.0%3,778,453$ 110,052$ 3.0% Non-Operating Revenues 15,000 15,000 - 0.0%15,000 - 0.0% 3,576,554$ 3,683,401$ 106,847$ 3.0%3,793,453$ 110,052$ 3.0% Expenses Personnel Services 719,769$ 822,603$ 102,834$ 14.3%853,725$ 31,122$ 3.8% Supplies 147,310 125,900 (21,410) (14.5%)152,900 27,000 21.4% Contractual Services 506,080 547,720 41,640 8.2%567,823 20,103 3.7% User Charges 139,868 205,312 65,444 46.8%210,552 5,240 2.6% Capital Under $25,000 44,500 7,000 (37,500) (84.3%)9,500 2,500 35.7% 1,557,527$ 1,708,535$ 151,008$ 9.7%1,794,500$ 85,965$ 5.0% Other Capital Outlay 330,000 352,000 22,000 6.7%432,500 80,500 22.9% Depreciation 1,124,794 1,175,435 50,641 4.5%1,084,953 (90,482) (7.7%) Non-Operating Expenses 6,287 - (6,287) (100.0%)- - - Transfer Out 63,484 66,304 2,820 4.4%69,549 3,245 4.9% Change in Net Assets 494,462$ 381,127$ (113,335)$ (22.9%)411,951$ 30,824$ 8.1% Enterprise Funds 90 days of operating expense Following Year Debt Service Payment SAC/WAC for system expansion Two Years Capital Expense Results as of 12/31/2020 Water: Balance $14,469,884 –Policy Met $10,869,682 Wastewater: Balance $7,048,754 –Policy Met $4,580,000 Storm: Balance $5,396,835 –Per Policy $3,030,000 • Water o Commercial meter replacement = $2M o Flying Cloud Drive and Eden Prairie Road utility cost transfer = $490,000 o Well 17 = $1,500,000 o Well 18 = $2,300,000 o Dell Road water = $450,000 o Spring Road watermain loop = $460,000 • Wastewater o Additional lift station rehab 2021/2022 = $230,000 o Additional manhole lining 2021/2022 = $100,000 o Cumberland Road utilities = $100,000 o Flying Cloud Drive and Eden Prairie Road utility cost transfer = $1,000,000 o Dell Road sewer = $500,000 o Backup generators for lift stations = $200,000 o Televising old sewer lines = $250,000 • Storm o Dell Road storm = $1,300,000 o Old Pioneer Trail reconstruction = $250,000 o Burr Ridge early pay off = $625,000 o Olympic Hills Berm repair = $200,000 o Duck Lake Road drainage = $300,000 o Creek Knoll bridge replacement = $600,000 Year Tier 1 Tier 2 Tier 3 Tier 4 2021 13 20 21 plus 2020 13 20 21 plus 2019 13 20 21 plus 2018 13 20 21 plus 2017 13 20 30 31 plus 2016 13 20 30 31 plus 2015 13 20 30 31 plus 2014 13 20 30 31 plus 2013 16 20 26 27 plus 2012 16 20 26 27 plus 2011 16 20 26 27 plus Gallons (in thousands) Monthly Usage IRRIGATION CUSTOMERS PER TIER 27% 4% 69% Tier 1 (0-13,000 gallons)Tier 2 (13,001-20,000 gallons) Tier 3 (20,001 gallons & above) Liquor Operations 2022/2023 Budget Store history Store History Prairie Village (Kowalski’s) –1977 Updated in 2008 , 5,250 SF to 8,000 SF Den Road (Cub Foods)-1997 Updated in 2007, 5,900 SF to 7,688 SF, added 600 SF storage in 2014 Prairie View (Byerly’s) –1992 Updated in 2010, 4,284 SF to 8,000 SF Goals Control alcohol sold in Eden Prairie Maximize Profit to Support the City’s Capital Improvement Program Provide Exceptional Service, Selection, Convenience, and Innovation Engage in the Community Eden Prairie Rotary Eden Prairie Foundation Parks and Recreation Events PROP People Reaching Out to People Year to Date Sales Year To Date Net Sales 2021 2020 2019 Incr. (Decr.) 2020 2019 Store 1 $ 2,286,512 $ 2,415,797 $1,982,332 $(129,285)(5.4%)15.3% Store 2 4,432,890 4,653,544 4,088,880 (220,654)(4.7%)8.4% Store 3 2,600,600 2,131,990 2,510,674 468,610 22.0%3.6% $ 9,320,002 $ 9,201,331 $8,581,886 $ 118,671 1.3%8.6% Year to Date Customer Count 2021 2020 2019 Incr. (Decr.) 2020 2019 Store 1 81,295 80,338 79,877 957 1.2%1.8% Store 2 162,053 160,945 173,531 1,108 0.7%(6.6%) Store 3 98,887 79,665 109,831 19,222 24.1%(10.0%) 342,235 320,948 363,239 21,287 6.6%(5.8%) Year to Date Average Sale Per Customer 2021 2020 2019 Incr. (Decr.) 2020 2019 Store 1 $ 28.13 $ 30.07 $ 24.82 $ (1.94)(6.5%)13.3% Store 2 27.35 28.91 23.56 (1.56)(5.4%)16.1% Store 3 26.30 26.76 22.86 (0.46)(1.7%)15.0% 27.23 28.67 23.63 (1.44)(5.0%)15.3% Current priorities Customer Service Retention/Loyalty Employee Development Focus on GUEST Communication Electronic Marketing Social Media E-commerce (Delivery 2022) Events Events Host events to better educate our customers and provide additional service to our customers. Eventbrite In-Store Educational Events Sip & Learn In-store events Juan Gil Spanish Portfolio, Maverick Wine Portfolio, Breakthru Luxury and Premium Wines, and Rock filter Spirits In-Store Walk Around Events Spirits, Wine, and Beer Walk Arounds Events continued Wine Club Events Precept Wine Group, Gallo Family Pairing Dinner, and Holiday Wine Showcase Community Events Arts in the Park Tasting Music in the Park Prairie Brewfest PROP Partnership Events Happy Hour for Hunger Events Annual $1 Drive Customers helped raise $10,587.90 in 2020 2022/2023 Budget 2021 2022 Percent 2023 Percent Liquor Stores Budget Proposed Change Proposed Change Sales $11,648,606 $11,998,945 3.0%$12,464,181 3.9% Cost of Sales 8,559,663 8,680,373 1.4%9,007,388 3.8% Gross Profit 3,088,943 3,318,572 7.4%3,456,793 4.2% Operating Expense 2,395,629 2,523,229 5.3%2,617,754 3.7% Operating Income 739,314 835,344 13.0%881,039 5.5% Nonoperating Revenues (Expenses)25,592 25,580 0.0%25,580 0.0% Change in Net Assets 764,906 860,924 12.6%906,619 5.3% Budget Eden Prairie Customer Satisfaction Survey Survey respondents were asked how they would rate the prices at Eden Prairie Liquor. Survey Survey respondents were then asked when choosing which liquor store to shop, how important are the following factors? Survey Survey respondents were asked 2 questions regarding delivery. Survey Results Helpful information to find out positive progress or improvements needed. Great way to measure how aspects of our business and focus are impacting our customers. AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 16, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Dan Gregerson I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2021 SUSTAINABLE EDEN PRAIRIE AWARDS B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON C. SMALL BUSINESS SATURDAY PROCLAMATION D. ACCEPT DONATION OF SMALL KILN AND CLAY MOLDS BY DIANE AND GREG BROWN TO EDEN PRAIRIE ART CENTER (Resolution) E. ACCEPT DONATION OF $750 FROM EDEN PRAIRIE CRIME PREVENTION FUND TOWARD HARVEST TO HALLOWEEN EVENT (Resolution) F. ACCEPT DONATION OF $250 FROM BENEDICTINE SENIOR LIVING TOWARDS SENIOR CENTER FALL PUMPKIN BINGO (Resolution) G. ACCEPT DONATION OF $200 FROM SUMMIT PLACE TOWARDS SENIOR CENTER HOLIDAY LUNCH (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 26, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 26, 2021 CITY COUNCIL AGENDA November 16, 2021 Page 2 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. FLYING CLOUD COMMONS GROCERY STORE by Oppidan Investment Company. Second Reading of Ordinance for Planned Unit Development District Review with Waivers on 5.13 acres; Resolution for Site Plan Review on 5.13 acres (Ordinance for PUD District Review, Resolution for Site Plan Review, Development Agreement) C. ADOPT RESOLUTION APPROVING FINAL PLAT FOR CASTLE RIDGE 5TH ADDITION D. AWARD CONTRACT TO GARDNER BUILDERS FOR SENIOR CENTER UPPER-LEVEL REMODEL E. AUTHORIZE AGREEMENT WITH RES PYRO FOR JULY 4TH FIREWORKS DISPLAY F. APPROVE PURCHASING CONTRACT WITH LIFE FITNESS FOR THIRTEEN TREADMILLS AT COMMUNITY CENTER G. APPROVE AGREEMENT WITH HENNEPIN COUNTY HUMAN SERVICES AND PUBLIC HEALTH DEPARTMENT FOR ON-SITE FULL TIME SENIOR SOCIAL WORKER AT EDEN PRAIRIE POLICE DEPARTMENT H. DECLARE OBSOLETE EQUIPMENT AS SURPLUS I. APPROVE AGREEMENT WITH ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES FOR WELL HOUSE #17 & TRANSMISSION MAIN PRELIMINARY DESIGN J. APPROVE AGREEMENT WITH ERICKSON ENGINEERING FOR 2022- 2023 BRIDGE SAFETY INSPECTIONS K. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES L. APPROVE AGREEMENT WITH VIGILANT SOLUTIONS LLC FOR LICENSE PLATE READERS M. ADOPT RESOLUTION APPROVING CHANGE OF THIRD PREMISE ON PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY EDEN PRAIRIE HOCKEY ASSOCIATION CITY COUNCIL AGENDA November 16, 2021 Page 3 N. AWARD CONTRACT TO SUNRAM CONSTRUCTION INC. FOR 11579 WELTERS WAY EROSION REPAIR IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Relating to General Obligation Water Revenue and Refunding Bonds, Series 2021A; Authorize Issuance, Award Sale, Fixing Form and Details, Providing for Execution and Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes for Payment C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: November 12, 2021 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, November 16, 2021 ___________________________________________________________________________________________ TUESDAY, NOVEMBER 16, 2021 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS A. 2021 SUSTAINABLE EDEN PRAIRIE AWARDS Synopsis: The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, water, and waste. The eligibility criteria includes property improvements and organized programming or initiatives so that both physical improvements and behavioral changes can be recognized. The recipients of the 2021 Sustainable Eden Prairie Award are: • Energy – Mark Weber • Landscape – Preserve Association • Water – Scheels Eden Prairie • Waste – Pizza Karma No formal action is requested. Staff will provide background and the Student Sustainability Commissioners will present the awards to the recipients. B. HENNEPIN COUNTY SHERIFF DAVID HUTCHINSON C. SMALL BUSINESS SATURDAY PROCLAMATION ANNOTATED AGENDA November 16, 2021 Page 2 D. ACCEPT DONATION OF SMALL KILN AND CLAY MOLDS BY DIANE AND GREG BROWN TO EDEN PRAIRIE ART CENTER (Resolution) Synopsis: Kiln: Sir Ramic Porcelain Inc. electric kiln, “The Doll”. 240 VAC, 50 amps Molds: Variety of plaster molds that can be used with wet clay MOTION: Move to adopt Resolution accepting donation of small kiln and clay molds by Diane and Greg Brown to the Eden Prairie Art Center. E. ACCEPT DONATION OF $750 FROM EDEN PRAIRIE CRIME PREVENTION FUND TOWARD HARVEST TO HALLOWEEN EVENT (Resolution) Synopsis: This new event offered families the opportunity to enjoy, pumpkin decorating, stories, games, art and activities. Several community partners set up booths to create a “Trail of Treats” for outdoor trick-or-treating. After dark, a glow-in-the-dark dance party was held at the Riley Jacques Barn. It is estimated that this year’s event was attended by more than 3,000 people. Donations such as this make this free family event possible. MOTION: Move to adopt Resolution accepting the donation of $750 from the Eden Prairie Crime Prevention Fund toward the Harvest to Halloween event. F. ACCEPT DONATION OF $250 FROM BENEDICTINE SENIOR LIVING TOWARDS SENIOR CENTER FALL PUMPKIN BINGO (Resolution) Synopsis: Monthly social events, such as the Fall Pumpkin Bingo, provide opportunities for community-building among seniors, staff and volunteers. MOTION: Move to adopt the Resolution accepting the donations in the amount of $250 from Benedictine Senior Living towards the Senior Center Fall Pumpkin Bingo. G. ACCEPT DONATION OF $200 FROM SUMMIT PLACE TOWARDS SENIOR CENTER HOLIDAY LUNCH (Resolution) Synopsis: Monthly social events, such as the Holiday Lunch, provide opportunities for community-building among seniors, staff and volunteers. MOTION: Move to adopt the Resolution accepting the donation in the amount of $200 from Summit Place to go towards the Senior Center Holiday Lunch. ANNOTATED AGENDA November 16, 2021 Page 3 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 26, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 26, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-N on the Consent Calendar. A. CLERK’S LICENSE LIST B. FLYING CLOUD COMMONS GROCERY STORE by Oppidan Investment Company. Second Reading of Ordinance for Planned Unit Development District Review with Waivers on 5.13 acres; Resolution for Site Plan Review on 5.13 acres (Ordinance for PUD District Review, Resolution for Site Plan Review, Development Agreement) C. ADOPT RESOLUTION APPROVING FINAL PLAT FOR CASTLE RIDGE 5TH ADDITION D. AWARD CONTRACT TO GARDNER BUILDERS FOR SENIOR CENTER UPPER-LEVEL REMODEL E. AUTHORIZE AGREEMENT WITH RES PYRO FOR JULY 4TH FIREWORKS DISPLAY F. APPROVE PURCHASING CONTRACT WITH LIFE FITNESS FOR THIRTEEN TREADMILLS AT COMMUNITY CENTER G. APPROVE AGREEMENT WITH HENNEPIN COUNTY HUMAN SERVICES AND PUBLIC HEALTH DEPARTMENT FOR ON-SITE FULL TIME SENIOR SOCIAL WORKER AT EDEN PRAIRIE POLICE DEPARTMENT H. DECLARE OBSOLETE EQUIPMENT AS SURPLUS I. APPROVE AGREEMENT WITH ADVANCED ENGINEERING & ANNOTATED AGENDA November 16, 2021 Page 4 ENVIRONMENTAL SERVICES FOR WELL HOUSE #17 & TRANSMISSION MAIN PRELIMINARY DESIGN J. APPROVE AGREEMENT WITH ERICKSON ENGINEERING FOR 2022-2023 BRIDGE SAFETY INSPECTIONS K. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES L. APPROVE AGREEMENT WITH VIGILANT SOLUTIONS LLC FOR LICENSE PLATE READERS M. ADOPT RESOLUTION APPROVING CHANGE OF THIRD PREMISE ON PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY EDEN PRAIRIE HOCKEY ASSOCIATION N. AWARD CONTRACT TO SUNRAM CONSTRUCTION INC. FOR 11579 WELTERS WAY EROSION REPAIR IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution Relating to General Obligation Water Revenue and Refunding Bonds, Series 2021A; Authorize Issuance, Award Sale, Fixing Form and Details, Providing for Execution and Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes for Payment Synopsis: The 2021A bonds will finance the removal and reinstallation of New Cellular AMI Water Meters. The project is expected to be completed in 2023. ANNOTATED AGENDA November 16, 2021 Page 5 A portion of the bonds will also be issued to refund, in a current refunding, the January 1, 2023 through January 1, 2035 maturities (the “Refunded Bonds”) of the City’s $17,155,000 General Obligation Tax Abatement Bonds, Series 2014A (the “Series 2014A Bonds”) dated as of July 15, 2014, the proceeds of which financed an expansion of the Eden Prairie Aquatics Center. The City will save $1,937,268 from the refinancing. MOTION: Adopt a resolution relating to $17,360,000 General Obligation Water Revenue and Refunding Bonds, Series 2021A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment. C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: November 16, 2021 DEPARTMENT/DIVISION: Jennifer Hassebroek Public Works / Engineering ITEM DESCRIPTION: 2021 Sustainable Eden Prairie Awards ITEM NO.: IV.A. Requested Action No formal action is requested. Staff will provide background and the Student Sustainability Commissioners will present the awards to the recipients. Synopsis The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, water, and waste. The eligibility criteria includes property improvements and organized programming or initiatives so that both physical improvements and behavioral changes can be recognized. The recipients of the 2021 Sustainable Eden Prairie Award are: • Energy – Mark Weber • Landscape – Preserve Association • Water – Scheels Eden Prairie • Waste – Pizza Karma Background This is the fifth year the Sustainable Eden Prairie Awards will be recognized by the City Council. The nomination period was open through August. Staff engaged the Sustainability Commission in October to review the nominations and provide recommendations. Award recipients will receive a commemorative plaque. Sustainability Commission Members and Students on Commission are: • Aaron Poock, Chair • Priya Senthilkumar, Vice Chair • Jeanne DeSanctis • Debjyoti Dwivedy • Emily Eddy-Theis • Cindy Hoffman • Daniel Katzenberger • Jeff Nobleza • Julia Harris • Anna Maristela • Muthu Meenakshisundaram • Abi Rajasekaran • Augie Stukenborg • Amoligha Timma CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE: November 16, 2021 DEPT/DIVISION: Rick Getschow/City Manager ITEM DESCRIPTION: Small Business Saturday Proclamation ITEM NO.: IV.C. The City of Eden Prairie has supported the Small Business Saturday initiative for many years by approving a proclamation. Small Business Saturday is a national initiative that marks a day to support the local businesses that create jobs, boost the economy and preserve communities around the country. The inaugural Small Business Saturday was first held in 2010 and involved 130 small business advocate groups, 1.2M Facebook users, public and private organizations, and local governments. In 2020, more than 700 mayors and city officials across all 50 states and U.S. territories supported Small Business Saturday. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota Whereas, the City of Eden Prairie celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are currently 31.7 million small businesses in the United States, they represent 99.7% of all businesses with paid employees and are responsible for 65.1% of net new jobs created from 2000 to 2019; and Whereas, small businesses employ 47.1% of the employees in the private sector in the United States, 88% of U.S. consumers feel a personal commitment to support small businesses in the wake of the pandemic, and 92% of small business owners have pivoted the way they do business to stay open during the pandemic; and Whereas, 97% of Small Business Saturday® shoppers recognize the impact they can make by shopping small, 85% of them also encourage friends and family to do so, too; and Whereas, 56% of shoppers reported they shopped online with a small business on Small Business Saturday® in 2020; and more than 50% of consumers who reported shopping small endorsed a local business on social media or shopped at a local business because of a social media recommendation; and Whereas, the City of Eden Prairie supports our local businesses that create jobs, boost our local economy, and preserve our communities; and Whereas, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, the Eden Prairie City Council does hereby proclaim, November 27, 2021, as: SMALL BUSINESS SATURDAY And urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Ronald A. Case, Mayor CITY COUNCIL AGENDA SECTION: Proclamations & Presentations DATE November 16, 2021 DEPARTMENT / DIVISION Jay Lotthammer, Director Parks and Recreation ITEM DESCRIPTION Donation of a Kiln and Clay Molds to the Art Center ITEM NO. IV.D. Requested Action Move to: Accept donation of small kiln and clay molds by Diane and Greg Brown to the Eden Prairie Art Center. Synopsis Kiln: Sir Ramic Porcelain Inc. electric kiln, “The Doll”. 240 VAC, 50 amps (see attached photo) Molds: Variety of plaster molds that can be used with wet clay (see attached photo) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of a small kiln and clay molds (value $1,000) from Diane and Greg Brown is hereby recognized and accepted by the Eden Prairie City Council. Kiln: Sir Ramic Porcelain Inc. electric kiln, “The Doll”. 240 VAC, 50 amps (see attached photo) Molds: Variety of plaster molds that can be used with wet clay (see attached photo) ADOPTED by the City Council of the City of Eden Prairie this 16th day of November, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: November 16, 2021 DEPARTMENT/DIVISION: Parks and Recreation Jay Lotthammer ITEM DESCRIPTION: Donation from the Eden Prairie Crime Prevention Fund toward the Harvest to Halloween Event ITEM NO.: IV.E. Requested Action Move to: Adopt Resolution accepting the donation of $750 from the Eden Prairie Crime Prevention Fund toward the Harvest to Halloween event. Synopsis This new event offered families the opportunity to enjoy, pumpkin decorating, stories, games, art and activities. Several community partners set up booths to create a “Trail of Treats” for outdoor trick-or-treating. After dark, a glow-in-the-dark dance party was held at the Riley Jacques Barn. It is estimated that this year’s event was attended by more than 3,000 people. Donations such as this make this free family event possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021 - RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $750 to be used towards the Harvest to Halloween event from the Eden Prairie Crime Prevention Fund is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of November, 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: November 16, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Benedictine Senior Living to the Senior Center Fall Pumpkin Bingo ITEM NO.: IV.F. Requested Action Move to: Adopt the Resolution accepting the donations in the amount of $250 from Benedictine Senior Living towards the Senior Center Fall Pumpkin Bingo. Synopsis Monthly social events, such as the Fall Pumpkin Bingo, provide opportunities for community-building among seniors, staff and volunteers. Background The Eden Prairie Senior Center serves area seniors with drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- __ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $250 from Benedictine Senior Living in Shakopee to go towards the Senior Center Fall Pumpkin Bingo is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of November, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: November 16, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Summit Place for the Senior Center Holiday Lunch ITEM NO.: IV.G. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $200 from Summit Place to go towards the Senior Center Holiday Lunch. Synopsis Monthly social events, such as the Holiday Lunch, provide opportunities for community-building among seniors, staff and volunteers. Background The Eden Prairie Senior Center serves area seniors with drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- __ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $200 from Summit Place to go towards the Senior Center Holiday Lunch is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 16th day of November, 2021. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 26, 2021 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. RACE EQUITY Mayor Case stated the City Council will have a conversation he hopes many other cities will also plan to have followed by substantive actions. Getschow added the concept for the race equity initiative began in 2020. The process with the Human Rights and Diversity Commission (HRDC) began at the beginning of last year. There have been a few progress reports since then, but tonight the HRDC will present their draft report and an overview of the recommendations and concepts. This is a document that the Council would vote to approve at a future Council meeting. Megan Yerks, Community Services Coordinator, recognized all of those who have participated in the process. This is a starting point rather than a finish line. The project statement was read. A reminder was given about the six areas of inquiry of the initiative: emergency response; facilities and programs: accessibility and culture; recruiting, hiring and retention; connection to community; community experience; and developing future leaders. Case inquired how the six areas of inquiry were decided. Yerks responded it was a collaborative decision between staff and the HRDC prior to the consultant coming on board. Sana Elassar, HRDC member, discussed the overarching findings. One of the strengths noted was the sense of safety. Many reported this as a reason they choose to live in this community. It was also noted there is an appreciation for the involvement of Staff and Elected Officials. They are actively engaging and visible to the community. Another strength was the appreciation of the park system. Participants shared their appreciation for the beauty and availability of the City’s park system. This is another reason residents choose to live here. Hina Kazama, HRDC student member, provided an overview of the overarching findings considered opportunity areas found when analyzing the data. One of the themes was the City Council Workshop Minutes October 26, 2021 Page 2 inconsistent commitment to equity. Community members shared experiences when the City said the right things but did not follow up with action. Although residents share a sense of pride in the level of excellence of this City, there were also noted disparities in these opinions between the experiences of Black, Indigenous, People of Color (BIPOC) residents versus white residents. Further explanation is needed to uncover and address these disparities. Another opportunity area is the lack of diversity among City Staff and leadership. There is still work to be done. Community members have expressed they do not see themselves reflected in Staff and leadership. They also acknowledged cultural and language barriers to connecting with the City. The last opportunity area is the impact of socioeconomic status. Many community members of color shared experiences of a lack of financial resources creating barriers for them and their children. It was also noted the difficulty to obtain affordable housing in the City. Toomey inquired how large the survey was. Yerks responded page 19 of the report shows the internal and external participants in focus groups, world cafés, and the survey. Keerthana Ramanathan, HRDC student member, delved into the recommendations under the emergency response area of interest. The survey indicates overall, residents hold the police and fire department in high regard. However, some BIPOC residents have expressed a general mistrust in law enforcement. Some officers have also expressed concerns about the challenges of cross-cultural interactions and the desire to build mutual trust and understanding. There are four recommendations listed in the report to help address these concerns. Frequent enhanced culture and de-escalation training for both police and fire personnel, considering implementation of police sub-beats, exploring additional initiatives or programs that support crime prevention and community building initiatives, and community gathering and listening sessions. Regular and on-going community gathering and listening sessions would include stakeholders honestly sharing their perspectives and openly talking through their concerns and expectations. This would help build trust and relationships. John Urbanski, HRDC member, talked about the recommendations for facilities and programs: accessibility and culture. He highlighted the recommendation to ensure everyone has equitable access to facilities and programming and are treated with respect and dignity. Equitable access to facilities and programming that is safe, inclusive, culturally relevant, and welcoming to everyone provides an opportunity for all residents to participate. The cost, location, and class time may be barriers to some of the resources. One of the recommendations is to work with the BIPOC community to identify barriers and to help reduce and eliminate barriers. Other recommendations are to review the City’s current code of conduct, grievance procedure, and discrimination policies and to continue to expand no or low-cost community-based programs in underrepresented neighborhoods. Leslie Philmont, HRDC member, presented on the recommendations for recruiting, hiring and retention. It is recommended to strengthen recruiting and hiring practices to attract a City Council Workshop Minutes October 26, 2021 Page 3 more diverse city workforce representing the community. One of the overarching findings was to reflect the overall community and population brings in needed and possible missing perspectives in the City’s operations. It is recommended to build upon efforts to enhance, sustain, and foster an inclusive work environment to retain a diverse city workforce. Enhance professional and career development opportunities to support and strengthen a more diverse City workforce. Improve data collection, reporting, and strategic use of data to support the recruitment, hiring, and retention of a more diverse city workforce. It is extremely important for residents to feel welcome and included. Not only should we build upon these efforts, but the efforts should be documented through data collection. Urbanski stated there are themes in the report but some of these are also overlapping. In regard to recommendations for connection to community, the first recommendation is to communicate Eden Prairie’s commitment to racial equity and celebrate the diversity of our community with internal and external stakeholders. The City should affirm its long-standing commitment to racial equity and broadly communicate the City’s efforts and existing policies. When doing so, utilize a variety of communication tools. Action items are to foster belonging by using a racial equity framework to engage with BIPOC communities, implement racial equity tools to change or modify policies, programs, or practices perpetuating inequities, and create opportunities for two-way communication. In regard to data collection and analysis, the City should regularly collect and analyze data to proactively address racial disparities. Conduct further analysis of the 2020 Equity and Inclusion Survey and develop an action plan for a follow-up survey. The third recommendation states all residents should have access to all resources the City has to offer. This includes providing translation and interpretation to eliminate barriers. Develop strategies for increasing access to City leadership. Continue additional community-based opportunities for Council Members and City leadership to interact with residents from underrepresented communities such as Coffee with a Council Member or Kickin’ it with the Cops. Ramanathan discussed the recommendations for community experience. BIPOC residents noted they often feel disconnected from the overall community. Many residents have also noted a large wealth gap within the community. The first recommendation mentions devoting more resources to community events and block parties to promoting the gathering of residents of different cultures. Another is to provide additional support and resources to community members and organizations working on similar diversity, equity, and inclusion efforts. Community members and organizations have expressed interest in partnering with the City to help create an inclusive and equitable community. Philmon discussed the recommendations for developing future leaders. This is an opportunity to engage and partner with Eden Prairie Schools. Another way to engage is to encourage youth employment opportunities as youth may not be aware of the opportunities available to them. Identify opportunities to raise the voices of young people in our community. It is City Council Workshop Minutes October 26, 2021 Page 4 recommended to continue the students on commissions program and to create opportunities for youth to interact with elected officials and leadership. Nelson inquired if the recommendations were based on overarching themes from all of the BIPOC communities or were there differing perspectives from certain communities. Yerks responded there are unique characteristics to each of the participants. A few noticeable differences are the experiences of those with varying socioeconomic status and recent immigrants. Case inquired if there is a need for more specific targeted initiatives for certain communities. Yerks replied when looking at next steps and work plans some of the more targeted engagement can be considered. Case added the recommendations were general enough to also cater this to the needs of the community. Freiberg noted there is a lot to digest in the report. There seems to be a lot of perceptions of well-intended efforts and initiatives. It sounds like it would be helpful to make changes and efforts measurable so there is data to be documented. He agrees there should continue to be a focus on developing youth and having a students on commission program. Narayanan thanked the HRDC for their work. He noted the Council’s intentionality when selecting Commission Members. He would like to learn more about the gap for access to parks and recreation programs and facilities. A large barrier to access is the lack of ability to communicate if an entire family cannot speak English. Toomey thanked the HRDC. She stated in her work with nonprofits and with the police department she has noted they have great outreach programs. She also agrees there is a need for translation services. Case stated Staff and Elected Officials should continue to engage with BIPOC to determine how we are doing. The City can celebrate the work they are doing but also needs to continue to realize there is a long way to go. Samuel Griffin, HRDC member, stated City Staff will utilize the report to create steps for implementation. HRDC will work to bring the impact of the report into the community. Staff will provide the initial implementation plan to HRDC within six months and will continue to provide semi-annual updates. Continued community engagement will be conducted. The presentation and report will go to the Council for final approval at a future meeting. Case noted he would like to take a deeper dive with projects such as these. He suggests utilizing the Council retreat as a time for these discussions. Nelson inquired when this report and presentation would come to the Council. Getschow stated potentially in December. Open Podium - Council Chamber (6:30) City Council Workshop Minutes October 26, 2021 Page 5 II. OPEN PODIUM III. ADJOURNMENT CITY COUNCIL MINUTES October 26, 2021 Page 2 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 26, 2021 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE LEADERSHIP IN VOLUNTEER POLICE SERVICE PROGRAMS AWARD Getschow welcomed Police Chief Matt Sackett to present an award to the City Council. Police Chief Sackett stated he would like to recognize Police Department’s Reserve Unit for receiving the International Association of Chiefs of Police (IACP) Leadership in Volunteer Police Service Programs Award. The IACP award is given each year to programs which demonstrate effective practices for augmenting sworn or civilian staff providing services to their communities. The Police Department nominated its Reserve Unit for this award for several reasons, but they mainly believed the Reserve Unit deserved to be recognized for the incredible contribution of time and talent it has given the City. There are 20 adults in the Unit who assist sworn officers with community service tasks and non-criminal police functions, and a few have received special training to help with more specialized tasks. The Reserves have contributed, on average, approximately 4,000 volunteer hours per year, and the Department CITY COUNCIL MINUTES October 26, 2021 Page 2 would not be able to provide the level of community service it does without the Reserve’s efforts. Reserve Supervisor Boyd Hesdorffer and Deputy Reserve Supervisor Andrew Rockafellow received the award on behalf of the Reserve Unit. B. ACCEPT DONATION OF $4,000 FROM A COMMUNITY MEMBER FOR SENIOR CENTER REMODEL PROJECT (Resolution No. 2021-77) Lotthammer explained the anonymous donation is meant to go towards the Senior Center remodel project and noted the donor cares deeply for the community. Staff expects to receive bids in the next day, and the intent is to start the project by mid-December. The project is primarily funded by donations. Case stated tax dollars can only go so far each year, so donations help the Council support projects beyond what the tax dollars are capable of. MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2021-77 accepting the donation in the amount of $4,000 from an anonymous donor to help fund the Senior Center remodel project. Motion carried 5-0. C. ACCEPT DONATION OF $1,000 FROM NINE MILE CREEK WATERSHED DISTRICT FOR CITY’S ANNUAL TREE SALE (Resolution No. 2021-78) Lotthammer explained the donation is from the Nine Mile Creek Watershed District to help fund the City’s annual tree sale. The tree sale allows the City to leverage quantity to allow for better pricing and quantity for the residents, and the donation from the Watershed District assists in keeping the prices low. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2021-78 accepting the donation in the amount of $1,000 from the Nine Mile Creek Watershed District to go toward purchasing trees for the annual tree sale. Motion carried 5-0. D. ACCEPT DONATION OF $5,000 FROM RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR CITY’S ANNUAL TREE SALE (Resolution No. 2021-79) Lotthammer stated the donation is the Riley Purgatory Bluff Creek Watershed District to help fund the City’s annual tree sale. MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2021-79 accepting the donation in the amount of $5,000 from the Riley Purgatory Bluff Creek Watershed District to go toward purchasing trees for the CITY COUNCIL MINUTES October 26, 2021 Page 3 annual tree sale. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Item 14A. Mayor’s Report to the agenda. MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES E. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 21, 2021 MOTION: Nelson moved, seconded by Narayanan, to approve the minutes of the City Council meeting held Tuesday, September 21, 2021, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE AGREEMENT WITH OPTUM HEALTH CARE SOLUTIONS LLC FOR RENEW ACTIVE MEMBERSHIP REIMBURSEMENT PROGRAM AT COMMUNITY CENTER C. APPROVE FIVE YEAR SERVICE AGREEMENT WITH OCHS, INC. FOR UNDERWRITING CITY’S LONG-TERM DISABILITY AND LIFE AND ACCIDENTAL DEATH INSURANCE POLICIES D. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENTS WITH PROP AND THE PROP SHOP E. ADOPT RESOLUTION 2021-80 AMENDING RESOLUTION NO. 2021-75 F. APPROVE AGREEMENT WITH SRF CONSULTING GROUP, INC. FOR TH5 & CSAH4 SMALL AREA TRANSPORTATION PLAN G. APPROVE 2022 VEHICLE & EQUIPMENT REPLACEMENT FUND SCHEDULE H. AWARD CONTRACT TO BKJ LAND CO. FOR NEILL LAKE MARSH BERM REPAIRS CITY COUNCIL MINUTES October 26, 2021 Page 4 I. APPROVE CONTRACT WITH METERING TECHNOLOGY SOLUTIONS, INC. FOR NEW CELLULAR AMI WATER METERS J. APPROVE CONTRACT WITH HYDROCORP, INC. FOR REMOVAL AND REPLACEMENT OF RESIDENTIAL WATER METERS K. APPROVE GROUNDWATER CONSERVATION COST SHARE GRANT FUNDING AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT L. APPROVE CONTRACT WITH ELECTRIC PUMP FOR REPAIR OF EDEN PRAIRIE ROAD LIFT STATION PUMPS M. APPROVE AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT TESTING FOR 2022 PAVEMENT REHAB PROJECT N. APPROVE WORK ORDERS WITH VIDEOTRONIX, INC. DBA VTI SECURITY FOR PURCHASE AND INSTALLATION OF SECURITY INFRASTRUCTURE AT CITY HALL, COMMUNITY CENTER, HOMEWARD HILLS PARK, AND RILEY-JACQUES BARN MOTION: Narayanan moved, seconded by Toomey, to approve Items A, C-N on the Consent Calendar. Motion carried 5-0. MOTION: Narayanan moved, seconded by Freiberg, to approve Item B on the Consent Calendar. Motion carried 4-0-1, with Case abstaining. IX. PUBLIC HEARINGS / MEETINGS A. FLYING CLOUD COMMONS GROCERY STORE by Oppidan Investment Company. Resolution for Planned Unit Development Concept Review on 5.13 acres; First Reading of Ordinance for Planned Unit District Review with Waivers on 5.13 acres; Resolution for Preliminary Plat on 5.13 acres (Resolution No. 2021-81 for PUD Concept Review, Ordinance for PUD District Review, Resolution No. 2021-82 for Preliminary Plat) Getschow stated this is the fourth phase of the Castle Ridge Redevelopment project. The first two phases of the project included the Castle Ridge Senior Housing project and the Paravel multi-family housing development. The third phase involves approval for the construction of a Bank of America, Chick-fil-A, and Lakewinds grocery. Lakewinds will no longer be a part of the construction, so the proposed alternative needs to be addressed. CITY COUNCIL MINUTES October 26, 2021 Page 5 Getschow stated in 2020, the City granted Planned Unit Development (PUD), preliminary plat, and site plan approval to this area to allow the construction of a 25,000 square foot grocery store and the creation of an outlot for future retail development. The grocery tenant which was anticipated to utilize this space is no longer moving forward with the construction. The applicant was present to propose an alternative grocery store tenant. Ian Halker, Vice President of Development with Oppidan, gave a PowerPoint presentation about the Castle Ridge Redevelopment and proposed grocery store tenant. The goals of the retail project were to create a sense of place, use a sensible design, and have a cohesive design throughout the master development. Halker explained there was an increase in the square footage of the grocery store, so they consolidated two outlots to accommodate the increase. This resulted in an increased parking area, elimination of proposed coffee shop, and improved pedestrian circulation. The updated traffic study showed notable differences including a decrease in daily generated site trips, fewer morning peak hour trips, and an increase in development density. Notable comments from the Planning Commission include adding infrastructure to support lighting of trees in gathering areas, adding additional bike rack locations, and adding bollards near the loading dock, along with discussion regarding the number of cart corrals. Nelson asked if there will be a place for grocery pickup. Halker stated there is an area integrated into the site for the pickup service. Nelson asked if there will be flowers included in the site. Jeff Westendorf, civil engineer and landscape architect from Westwood Professional Services, stated there will be a great variety of flowers. Narayanan noted his surprise the grocery pickup service didn’t include a drive-thru. Halker stated he could see the service evolving for grocery stores in the future. Narayanan asked how many charging stations will be allocated at the space. Halker stated there are four charging station stalls included in the plan. Narayanan asked why they did not consider a solar panel roof. Halker stated some tenants like the solar panel roofs, but this particular group did not express interest in utilizing clean energy. Narayanan asked for a visual example of a 40,000 square foot space. Halker stated a local Cub Foods is around 95,000 square feet, but this site is around the size of a Kowalski’s and is slightly larger than an Aldi. Case stated the Council is voting on a site plan layout and building materials, but it is not necessarily voting directly on the grocery store. Klima stated Case’s summary is correct. CITY COUNCIL MINUTES October 26, 2021 Page 6 There were no comments from the audience. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing; adopt Resolution No. 2021-81 for Planned Unit Development Concept Review on 5.13 acres; approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 5.13 acres; adopt a Resolution No. 2021-82 for a Preliminary Plat of one lot on 5.13 acres; direct staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and authorize the issuance of an early Land Alteration Permit and Footing and Foundation Permit at the request of the Developer subject to the conditions outlined in the permit(s). Nelson asked how likely it is the site will end up being a grocery store. Halker stated he is 100 percent sure the site will be a grocery store and noted he cannot disclose which grocery store as he is restricted by a nondisclosure agreement. Case stated any of the buildings in the City can change under zone-permitted uses, and the Council cannot control the particular enterprises coming into the City. Freiberg asked how the loading dock area will be screened from the housing development. Halker stated it will be challenging for the housing development to see the loading dock area, but they will be able to see green walls on the grocery store. Freiberg asked about the screening height around the recycling area. Halker stated there is landscaping around the area to block the views. Narayanan asked if there was an energy consumption analysis done comparing the old plan and the new plan. Halker said there was no energy consumption analysis completed. Narayanan stated, due to the amount of lights and refrigeration required by a grocery store, it might be worth considering solar panels to power the site. Case noted his interest in solar panels on every flat roof in the City and his hope to incentive future users to implement alternative energy. He asked Klima to speak to where the Council can influence the use of alternative energy sources. Klima stated the usage of alternative energy sources is dependent on the private usage agreement between owner and occupant of the building, although Council and Staff encouraged the installation and use of alternative energy. Staff anticipates future conversations about this topic with the tenant. Case noted Halker stated the grocery store tends to be a progressive company, so they might be interested in alternative energy in the future. Toomey asked if Oppidan would be willing to wire the building for future solar CITY COUNCIL MINUTES October 26, 2021 Page 7 panels. Halker stated the building is already wired for future solar panels. Oppidan cannot push the use of alternative energy onto a tenant, but he has seen it become more and more likely for tenants to utilize alternative energy sources. Getschow stated the City has an agreement with the St. Paul Port Authority wherein the City uses a Property Assessed Clean Energy (PACE) program. There have been a couple of buildings in Eden Prairie which did not have the capital to put solar panels on their building at the outset, and the PACE program assisted those commercial buildings in using solar energy. The commercial buildings would be assessed over time to pay back the funds. Staff will continue to promote the PACE program throughout the City. Nelson noted she would like the City to decide if it can require implementing alternative energy. Case stated proposals bring out the creative side of the Council and creates an opportunity for them to schedule a workshop to allow for further discussion of the topic and potentially form policy. There are about 20 surrounding cities coming together to declare a climate emergency to bring to the State legislature. Narayanan stated it is not clear if the developer has had a discussion with the tenant about clean energy. Halker stated it is ultimately the tenant’s choice, but he has seen more and more retailers implement alternative energy. The tenant will learn about incentives and programs offered by the City which might encourage them to use solar panels. VOTE ON THE MOTION: Motion carried 5-0. B. 2021 SPECIAL ASSESSMENTS (Resolution No. 2021-83) Getschow stated each year, the City Council holds a public hearing to consider levying the Special Assessments which have been identified over the previous 12 months. The Council needs to a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees and removal of tall grass, weeds and trees. All relevant parties have been notified. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing for the approval of the 2021 Special Assessments and adopt Resolution No. 2021-83 approving all Special Assessments presented in the fall of 2021. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES October 26, 2021 Page 8 MOTION: Nelson moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor’s Report Case stated a previous meeting brought up the discussion of what should be included in locations zoned as neighborhood commercial, including if gas stations should be considered in neighborhood commercial zones. He recommended to direct Staff to look into the matter. Hearing no objection, Case noted there was a consensus by the Council to proceed with the directive. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 2. Presentation of Urban Forestry Master Plan Lotthammer stated the Urban Forestry Master Plan has been reviewed by the Parks, Recreation and Natural Resources Commission, and it is looking for comments and input from the Council to add to the Master Plan. Parks and Natural Resources Manager Matt Bourne stated the Urban Forestry Management Plan was created to have all of the policies and ordinances in one place and to assist in communicating the goals and practices of the Department. The current policies and ordinances are not being changed but rather being compiled. Forestry Technician Lauren Stufft noted the benefits of a healthy urban forest and explained the current tree planting goals include increasing CITY COUNCIL MINUTES October 26, 2021 Page 9 species diversity, using quality tree stock, and planting in proper locations. The Management Plan addresses pruning and maintenance of trees. Bourne explained the Department can control quite a bit of what happens on City property, but the majority of the urban forest is on private property. Therefore, Staff has included public outreach and education strategies in the plan. The plan includes accessed funding sources and partners. The Department utilizes multiple partnerships and funding sources to maximize its efforts. Alex Law, Minnesota GreenCorps member, was instrumental in putting the Management Plan together. Narayanan asked how large the City’s tree preservation fund is. Bourne stated he does not know the exact figure, but it is in the $60,000 range. Narayanan asked how many trees will the $60,000 cover. The funds are used to support the tree sale and to purchase trees and tree bags. Narayanan asked how many trees are on City property. Bourne stated the Management Plan include a goal to replace every removed tree with 1.5 trees. The Parks and Recreation Department has planted over 1,000 trees in the last few years. Case noted he has ready asked about the possibility of Minneapolis having a climate more similar to Kansas City by 2050. Case asked if certain trees in the City would not survive the warming and if Staff is looking at the potential die off in the coming years. Bourne stated Staff has looked at the issue, and the Department has partnered with the Nine Mile Creek Watershed District to do a test study which involved planting trees found on the southern border of Minnesota in the City to see if they would survive. Stufft added the University of Minnesota has created models about what would survive a warming, which the Parks and Recreation Department takes into consideration. Case asked if Eden Prairie has more trees today than in its time since the glaciers. Bourne and Stufft confirmed he is likely correct. MOTION: Toomey moved, seconded by Narayanan, to recognize and accept the Urban Forestry Management Plan. Motion carried 5-0. 3. Frontline Workers Art Therapy Update Lotthammer stated, at the September 21, 2021 City Council Meeting, it discussed the benefits of offering art therapy opportunities to assist and recognize frontline workers. The very next day, Staff was contacted by Relate Counseling Center about art therapy. Staff has conducted research and met with local experts to determine a proposed approach. CITY COUNCIL MINUTES October 26, 2021 Page 10 Staff does not have a formal program to present, but it has a commitment from internal frontline Staff to be a beta test group. Staff would like to use the program on internal frontline Staff, obtain feedback, and then roll it out to the community. There are meetings set up to discuss next steps. Case stated there have been two large civic events led by Staff since the last Council meeting. There was the Citywide Open House and the Harvest to Halloween. Lothammer stated Staff believes about 3,500 people attended the Harvest to Halloween event. Case noted Staff consistently goes above and beyond. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:21 p.m. Respectfully submitted, ___________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Christy Weigel, Police/ Support Unit ITEM DESCRIPTION: Clerk’s License Application List ITEM NO.: VIII.A. These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Gambling/Bingo Permit Organization: Women of Song Place: Fat Pants Brewing Co 8335 Crystal View Road Dates: 1/27/2022, 2/24/2022, 3/31/2022, 4/28/2022 Temporary Liquor Organization: Eden Prairie Lions Club Event: Lions Christmas Party Date: December 4, 2021 Place: Eden Prairie Senior Center 8950 Eden Prairie Road CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima ITEM DESCRIPTION: Flying Cloud Commons – Grocery Store ITEM NO.: VIII.B. Requested Action Move to: • Approve the 2nd Reading of an Ordinance for a Planned Unit Development District Review with waivers on 5.13 acres; • Adopt a Resolution for Site Plan on 5.13 acres • Approve the Development Agreement for Flying Cloud Commons Synopsis This is the final approval for Flying Cloud Commons – Grocery Store. Oppidan Investment Co. is requesting approval of a request to develop the remaining 5.13 commercial acres of the Flying Cloud Commons retail area with a revised site plan for a grocery store. This phase proposes the construction of approximately 40,000 square foot grocery store. Background This is the final phase of the Castle Ridge Redevelopment project. The 120-Day review period expires on December 13, 2021. Attachments 1. Ordinance for PUD 2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement FLYING CLOUD COMMONS GROCERY STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-2021-PUD-8-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the Community Commercial Zoning District as 14-2021-PUD-8-2021 (hereinafter "PUD-8-2021”). Section 3. The City Council hereby makes the following findings: A. PUD-8-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-8-2021 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-8-2021 are justified by the design of the development described therein. D. PUD-8-2021 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the Community Commercial Zoning District as Planned Unit Development PUD-8-2021 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 16, 2021 entered into between KTJ331, LLC, a limited liability company, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-8-2021, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 26th Day of October, 2021, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of November, 2021. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ___________, 2021. EXHIBIT A PUD Legal Description Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: Outlot B, Castle Ridge 3rd Addition, Hennepin County, Minnesota. Abstract and Registered Property FLYING CLOUD COMMONS GROCERY STORE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 14-2021-PUD-8-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the Community Commercial Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ___________, 2021. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR FLYING CLOUD COMMONS GROCERY STORE BY OPPIDAN INVESTMENT COMPANY WHEREAS, Oppidan Investment Company, has applied for Site Plan approval of development of a grocery store in the Flying Cloud Commons retail project area; WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 27, 2021 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its October 26, 2021 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Oppidan Investment Company, subject to the Development Agreement between KTJ331, LLC and the City of Eden Prairie, reviewed and approved by the City Council on November 16, 2021. ADOPTED by the City Council of the City of Eden Prairie this 16th day of November, 2021. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Randy L. Slick Public Works / Engineering ITEM DESCRIPTION: Final Plat Report of Castle Ridge 5th Addition ITEM NO.: VIII.C. Requested Action Move to: Adopt the resolution approving the final plat of Castle Ridge 5th Addition. This proposal is for a plat located at 615 Prairie Center Drive. The plat consists of 5.13 acres to be platted into 3 lots. The proposed project includes a 40,154 square foot grocery store on lot 1 and additional retail development for lots 2 and 3. This is the fourth phase of the Castle Ridge Redevelopment project. The first two phase included the Castle Ridge Senior Housing project and the Paravel multi-family housing development. Background Information The preliminary plat was approved by the City Council on October 26, 2021. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement will be approved by the City Council on November 16, 2021. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of $1,282.50 • Receipt of street lighting fee in the amount of $1,069.20 • Prior to release of the final plat, Developer shall pay cash park fees consistent with the approved Fee Schedule in place at that time. Cash park fees shall be due on the acreage of Lot 1. • Prior to the release of the final plat for the Property, Developer shall provide a Cross Access Easement, Private Utility and Maintenance Declaration. • Prior to the release of the final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data. • Prior to the release of the final plat, Developer shall submit a 1”=200’ scale reduction of the final plat. • Provide areas (to the nearest square foot) of all lots, outlots and right-of-way. • The requirements as set forth in the Developer’s Agreement. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE 5TH ADDITION WHEREAS, the plat of Castle Ridge 5th Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Castle Ridge 5th Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated November 16, 2021. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on November 16, 2021. ____________________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE November 16, 2021 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION Senior Center Upper Level Remodel ITEM NO. VIII.D. Requested Action Move to: Award Contract for Senior Center Upper-Level Remodel to Gardner Builders Synopsis Staff invited three bidders and received two bids. Two alternates were requested for remodeling of the lower level that are declined based on pricing. Integrity remodeling included the fireplace in its base price at an amount of $5,232. Staff is confident that with a lower base price and a larger allowance for the fireplace and stone that is unlikely to be used in full, Gardner is the lowest bidder. Gardner Builders $89,867 base plus $14,040 allowance for fireplace and stone veneer Integrity Remodeling $102,620 ($5,232 included in price for fireplace) Highmark Builders Decline Background The Senior Center’s usage has increased and changed through the years of operation. City Staff got together to determine a more effective use of the space while creating a more inviting layout. This upper-level remodel will create an open inviting communal space upon entry as well as a customer orientated front desk. A stacked stone fireplace will be seen as you walk in with seating and book shelving in the open space. An accordion wall will also be installed to diversify usage of rooms. Funds for this project come from a combination of anonymous donations directed for improvements to the Senior Center and Facilities operating budget. Plans and specifications were prepared by DSO Architecture. Quotes were received and verified. Attachment Standard City Construction Contract with Gardner Builders Senior Center Upper-Level Plans 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 16th day of November, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Gardner Builders, a Minnesota Company (hereinafter "Contractor") whose business address is 730 Second Avenue South Suite 1233, Minneapolis, MN 55402. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for remodeling of the Senior Center hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by March 18th, 2022. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $88,425 plus allowance of up to $14,040 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 14 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2018 08 01 Page 3 of 14 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2018 08 01 Page 4 of 14 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 14 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds Standard Construction Contract 2018 08 01 Page 6 of 14 shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall Standard Construction Contract 2018 08 01 Page 7 of 14 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract 2018 08 01 Page 8 of 14 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Construction Contract 2018 08 01 Page 9 of 14 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the Standard Construction Contract 2018 08 01 Page 10 of 14 services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to Standard Construction Contract 2018 08 01 Page 11 of 14 termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Standard Construction Contract 2018 08 01 Page 12 of 14 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Standard Construction Contract 2018 08 01 Page 13 of 14 __________________________________ Ronald A. Case, Its Mayor ___________________________________ Rick Getschow, Its City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract 2018 08 01 Page 14 of 14 EXHBIIT A Senior Center Upper-Level Remodel, in accordance with the Plans and Specifications contained in the Architectural drawings Eden prairie Senior Center Remodel, MN Crew Quarters dated September 22, 2021, prepared by DSO Architecture Commission no 2009, which Project Manual is incorporated herein as if fully set forth. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: 4th of July Fireworks Contract with RES Pyro ITEM NO.: VIII.E. Requested Action Move to: Authorize entering into an Agreement with RES Pyro for the July 4th Fireworks display in the amount of $30,000. Synopsis The City of Eden Prairie has provided a high quality 4th of July Hometown Celebration for the past 30 years. RES Pyro has been a part of that celebration for 15 years. The Parks and Recreation Department contracted with RES Specialty Pyrotechnics again in 2021, for a fee of $5,000 for the July 2nd family-focused gathering at Staring Lake Park and another $25,000 for the main July 4th celebration at Round Lake Park. Background In January of 2019, Parks and Recreation staff asked for proposals for 2019 and 2020 from three fireworks companies: RES Pyro (formerly RES Specialty Pyrotechnics), Hollywood Pyrotechnics, Inc. and Pyrotechnic Display. After reviewing the proposals closely, staff recommended RES Pyro. RES Pyro has always provided an outstanding fireworks display in Eden Prairie. They have also worked well with Parks and Recreation and the Fire Department staff. Due to Covid-19, the 2020 committed year was pushed to 2021. Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July to view and enjoy the spectacular fireworks display shot off over the lake. An impressive fireworks display adds tremendous value to the event, invoking a since of community pride. Attachment Standard Agreement for Professional Services Standard Agreement for Professional Services July 2nd and 4th Fireworks This Agreement (“Agreement”) is made on the twenty-first day of May, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RES Pyro a Minnesota pyrotechnics company (hereinafter "Consultant") whose business address is 21595 286th Street, Belle Plaine, MN 56011. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Providing Fireworks and Pyrotechnic Operations for the 2nd and 4th of July Celebration at Staring Lake and Round Lake Park hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Fireworks Proposal) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from May 21, 2021 through July 4, 2021the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $25,000 for the 4th of July and $5000 for the 2nd of July for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Pyrotechnics for July 4th Fireworks Page 2 of 8 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that Pyrotechnics for July 4th Fireworks Page 3 of 8 this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant has designated __________________ to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant Pyrotechnics for July 4th Fireworks Page 4 of 8 has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- Pyrotechnics for July 4th Fireworks Page 5 of 8 completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. Pyrotechnics for July 4th Fireworks Page 6 of 8 o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Pyrotechnics for July 4th Fireworks Page 7 of 8 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. Pyrotechnics for July 4th Fireworks Page 8 of 8 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: _________________________________________ Its: CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Valerie Verley, Community Center Manager, Parks and Recreation ITEM DESCRIPTION: Purchase of Treadmills for the Community Center ITEM NO.: VIII.F. Motion Move to: Approve the Purchasing Contract for Goods and Services with Life Fitness for the purchase of thirteen treadmills at the Community Center in the amount of $93,479.22, to be delivered in January 2022. Synopsis Staff recommends entering into a Standard Agreement for Goods and Services with Life Fitness for the purchase of thirteen treadmills for the Community Center. The new treadmills will replace thirteen existing treadmills that have become costly to maintain due to high use and age. Background The current fleet of treadmills are the most heavily utilized fitness equipment at the Community Center. Strategic preventative maintenance is performed on all equipment in an effort to get optimal usage out of each piece. The treadmills proposed for replacement are breaking down more frequently; signaling that it is time to trade them in and purchase new equipment. Staff solicited multiple quotes from several vendors. Although each vendor is slightly different based on model and level of performance, the Life Fitness treadmill is most preferred because of specifications, level of capability and the usability by members. We currently have Life Fitness treadmills that members like the functionality of and are accustomed to using for the past five years. Vendor Brand/description Price per unit (base + console) TOTAL (including Freight/Installation, minus trade-in) Life Fitness Life Fitness Integrity treadmill with Discover HD 21" touchscreen console $6,849.00 $93,479.22 Johnson Fitness Matrix Endurance treadmill with 22" touchscreen console $7,480.00 $93,825.00 Push Pedal Pull Precor TRM 885 Experience treadmill with 15" console (larger base) $9,409.33 $121,501.29 Recommendation The proposal from Life Fitness was the least expensive of the quotes presented to staff. Upon reviewing the proposal, staff recommends the purchase of thirteen new treadmills through Life Fitness. Attachment Purchasing Contract for Goods and Services 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 16th of November, 2021 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Life Fitness, whose business address is 10601 Belmont Ave, Franklin Park, IL 60131. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for the purchase of treadmills for the Eden Prairie Community Center hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by March 1, 2022. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $93,479.22, as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Life Fitness staff to perform the Work. They shall be facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both Standard Purchasing Contract 2017 06 01 Page 2 of 5 personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 4 of 5 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Standard Purchasing Contract 2017 06 01 Page 5 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Exhibit A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE November 16, 2021 DEPARTMENT / DIVISION Matt Sackett, Police Chief, Police ITEM DESCRIPTION Approve Agreement between City of Eden Prairie and Hennepin County Human Services and Public Health Department ITEM NO. VIII.G. Requested Action Move to: Approve the agreement between the City of Eden Prairie and Hennepin County Human Services and Public Health Department for an on-site full time senior social worker at the Eden Prairie Police Department. Synopsis This program will bring a Hennepin County senior social worker (SSW) to work on-site, full time at the Eden Prairie Police Department. The Eden Prairie Police Department will pay Hennepin County $60,000 annually for the service and provide a work space at the Eden Prairie Police Department for the SSW. Hennepin County will be responsible for remainder of the SSW’s pay, benefits, travel, training and work equipment. The agreement is for a 2 year period from January 1, 2022 – December 31, 2023. Background The Eden Prairie Police Department has seen a steady increase in service calls with a mental health component for years. This program is intended to provide more timely access for citizens of Eden Prairie to Hennepin County Human Services and Public Health Department by having a senior social worker on-site at the Eden Prairie Police Department. Other goals of the program are to increase community resource support, increase the use of non-urgent health care, improve the quality of life for those who have encounters with law enforcement, reduce arrest rates, reduce repeat calls and reduce costs attributed to incarceration and hospitalization resulting from mental health crisis. Attachment Joint Powers Agreement between Hennepin County and Eden Prairie HC# A2110902 1 JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND EDEN PRAIRE This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County of Hennepin, Minnesota (“COUNTY”) on behalf of its Human Services and Public Health Department (“HSPHD”) and City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (“CITY”) on behalf of its police department (referred to herein as “POLICE DEPARTMENT”) pursuant to the authority conferred upon them by Minn. Stat. § 471.59. The parties to this Agreement may also be referred to individually as “Party” and collectively as “Parties”. WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human Services and Public Health Department is empowered to provide general and emergency public services that support and protect the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, CITY is a municipal corporation and political subdivision of the State of Minnesota and its POLICE DEPARTMENT is empowered to provide law enforcement and general and emergency public services in a manner that supports and protects the physical safety and physical, mental and behavioral health of individuals in the City of Eden Prairie; and WHEREAS, the Parties desire to jointly and cooperatively coordinate their expertise and delivery of services to further the interests of providing follow-up care by a Senior Social Worker (“SSW”) embedded with POLICE DEPARTMENT to prevent reoccurrences of emergency crises in a manner that most effectively and efficiently supports and protects the physical, mental and behavioral health of individuals in the City of Eden Prairie and Hennepin County, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and benefits realized by each Party, the Parties agree as follows: 1. PURPOSE. The purpose of this Agreement is to enable COUNTY to provide social work services to POLICE DEPARTMENT to further the interests of providing follow-up social services in a manner that most effectively and efficiently supports and protects the physical, mental and behavioral health of individuals in the City of Eden Prairie and Hennepin County as detailed herein, and for POLICE DEPARTMENT to secure such services from COUNTY and to establish the terms on which such services shall be provided. 2. PROJECT/PROGRAM A. The Parties shall cooperate and collaborate to perform services associated with the Embedded SSW Program (the “Program”), as further described and outlined in Exhibit A: Description of Services. HC# A2110902 2 B. The Parties shall perform at all times in accordance with the provisions herein, including but not limited to the data provisions. 3. TERM OF THE AGREEMENT The term of this Agreement shall be from January 1, 2022, through December 31, 2023, unless terminated earlier in accordance with the cancellation/termination provisions of this Agreement. 4. CONSIDERATION A. CITY shall pay to COUNTY ($60,000) sixty thousand dollars annually (the “Annual Payment”) for each year of the term of this Agreement. B. The SSW will be hired, employed, and equipped by HSPHD and participate in supervision and training by HSPHD in accordance with local, state, federal, and professional licensure requirements. C. HSPHD shall, within thirty (30) calendar days following the last day of each quarter during the term of this Agreement, submit an invoice to CITY for one quarter of the Annual Payment. D. CITY will make payment to COUNTY within thirty-five (35) days from receipt of the invoice. If the invoice is incorrect, defective, or otherwise improper, CITY will notify HSPHD within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from HSPHD, CITY will make payment within thirty-five (35) days. E. Further, the Parties expressly agree that neither this Agreement nor either Party’s performance hereunder obligates or commits either Party to enter a subsequent contract or engagement with any other. 4. LIABILITY AND NOTICE A. Each Party shall be liable for its own acts and the results thereof to the extent provided by law and, further, each Party shall defend, indemnify, and hold harmless the other (including their present and former officials, officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the indemnifying Party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. The provisions of Minnesota Statutes, Chapter 466 shall apply to any tort claims brought against COUNTY and/or CITY as a result of this Agreement. B. To the fullest extent permitted by law, action by the Parties to this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be a deemed a “single governmental unit” for the purposes of liability, as set HC# A2110902 3 forth in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Party. The total liability for the Parties shall not be added together to exceed the limits on governmental liability for a single governmental unit. C. Duty to Notify: Each Party shall promptly notify the other Party of any actual or suspected claim, action, cause of action, administrative action, criminal arrest, criminal charge, or litigation brought against the party, its present and former officials, officers, agents, employees, volunteers, and subcontractors which arises out of this Agreement. 5. INSURANCE Each Party warrants that it has a purchased insurance or operates under a self-insurance program in accordance with applicable law and sufficient to manage potential liability arising hereunder, including but not limited to workers compensation insurance. 6. INDEPENDENT PARTIES A. It is understood that the relationship between COUNTY and CITY as to the subject matter of this Agreement constitutes only the understandings set forth in this Agreement. B. It is further agreed that, notwithstanding any other formal, written agreements or contracts which may exist between COUNTY and CITY, nothing is intended or should be construed in any manner as creating or establishing the relationship of partners between the Parties hereto or as constituting either Party as the agent, representative, or employee of the other for any purpose or in any manner whatsoever. Each Party is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Each Party will secure at its own expense all personnel required in performing services under this Agreement. Any personnel of a Party or other persons engaged in the performance of any work or services required by that Party shall have no contractual relationship with the other Party and will not be considered employees of the other Party. No Party shall be responsible for any claims related to or on behalf of the other Party’s’ personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act (Minnesota Statutes Chapter 176), or claims of discrimination arising out of state, local, or federal law, against a Party, its officers, agents, contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the other Party, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 7. NONDISCRIMINATION In accordance with COUNTY’s policies against discrimination, CITY shall not exclude any person from full employment rights or participation in, or the benefits of, any program, service or HC# A2110902 4 activity on the grounds of race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. 8. NO THIRD PARTY BENEFICIARY Except as herein specifically provided, no other person, customer, employee, or invitee of any Party or any other third party shall be deemed to be a third party beneficiary of any of the provisions herein. 9. DATA COUNTY and CITY, their officers, agents, owners, partners, employees, volunteers and subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations and orders relating to data privacy, confidentiality, disclosure of information, medical records or other health and enrollment information, and as any of the same may be amended, as well as the data and data sharing provisions set forth in Exhibit A. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 10. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, the Parties, the State Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the Parties which are pertinent to the accounting practices and procedures of the Parties and involve transactions relating to this Agreement. The Parties shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration, cancellation or termination. 11. MERGER, MODIFICATION, AND SEVERABILITY A. The entire understanding between the Parties is contained herein and supersedes all oral agreements and negotiations between the Parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification; Liability and Notice; Merger, Modification and Severability; Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. HC# A2110902 5 C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 12. DEFAULT AND CANCELLATION/TERMINATION A If either Party fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless the Party’s default is excused in writing by the non-defaulting Party, the non-defaulting Party may upon written notice immediately cancel or terminate this Agreement as to the defaulting Party or in its entirety. B. This Agreement may be canceled/terminated with or without cause by either Party upon thirty (30) days written notice. Either Party may immediately cancel or terminate this Agreement if the terminating party determines that the health and welfare of a member of the public is at risk. Upon cancellation/termination, property or surplus money, if any, acquired as a result of the operation of this Agreement shall be distributed to the Parties in proportion to contributions of the Parties. C. Either Party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. The above remedies shall be in addition to any other right or remedy available to either Party under this Agreement, law, statute, rule, and/or equity. 13. NOTICES Unless the Parties otherwise agree in writing, any notice or demand which must be given or made by a Party under this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator at the address given in the opening paragraph of this Agreement with copies to HSPHD as detailed below. Notice to CITY shall be sent to the City Manager at the address stated in the opening paragraph of this Agreement with a copy as detailed below. HSPHD: Leah Kaiser Senior Department Administrator Hennepin County 300 South 6th Street Minneapolis, Minnesota 55487 leah.kaiser@hennepin.us POLICE DEPARTMENT Matt Sackett Chief of Police HC# A2110902 6 Eden Prairie Police Department mail to:8080 Mitchell Road Eden Prairie, Minnesota 55344 msackett@edenprairie.org 14. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND CANCELLATION/TERMINATION; MARKETING AND PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 15. MARKETING AND PROMOTIONAL LITERATURE CITY agrees that the terms, “Hennepin County” and “Hennepin County Human Services and Public Health Department”, the name of any elected official, or any derivatives thereof, shall not be utilized in any promotional literature or advertisements of any type without the express prior written consent of COUNTY. This Paragraph 15 does not prohibit members of the POLICE DEPARTMENT from speaking freely to the public about the social worker program without prior COUNTY consent. 16. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the state of Minnesota. (The remainder of this page intentionally left blank.) HC# A2110902 7 HENNEPIN COUNTY ADMINISTRATOR APPROVAL COOPERATIVE AGREEMENT The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the STATE OF MINNESOTA County Attorney’s Office By: County Administrator Date: Date: Reviewed Reviewed By: By: County Administration Clerk County Administrator Date: Date: CITY OF EDEN PRAIRIE By: ___________________________________ Ronald A. Case, Mayor Date: __________________________________ By:____________________________________ Rick Getschow, City Manager Contract #A2110902 EXHIBIT A: Description of Services 1 POLICE DEPARTMENT and HSPHD staff will work collaboratively to prevent reoccurrences of emergency crises. Roles and Responsibilities of Parties A. POLICE DEPARTMENT will provide office space for the Senior Social Worker (SSW). B. POLICE DEPARTMENT will run DSL lines at designated office space, as needed, if SSW is otherwise unable to access to COUNTY network. C. POLICE DEPARTMENT will work with the HSPHD Social Work Unit Supervisor (SWUS) to establish criteria for referrals. D. POLICE DEPARTMENT will work with the SWUS to develop a referral process. E. POLICE DEPARTMENT will track referrals and repeat calls. F. POLICE DEPARTMENT will track mental health calls that involve weapons, use of force and transportation holds being written. G. POLICE DEPARTMENT will accompany the SSW to home visits as needed. H. HSPHD will be responsible for providing the SSW with equipment that is necessary for completing their work. This includes but is not limited to laptop computer, cell phone, printer, and office supplies. I. The SSW will report directly to the HSPHD SWUS. J. HSPHD will be responsible for transportation/mileage expenses for the SSW. The SSW will be responsible following the HSPHD transportation/mileage reimbursement policies. K. The SSW will provide short-term assistance to individuals in order to connect the individuals with internal and/or community resources to help meet their needs. Services will be provided in an ethical and culturally sensitive manner. L. After being assigned a case, the SSW will complete a file clearance of the various systems to determine if the individual is open to social services, county of financial responsibility, and public assistance programs. M. The SSW will meet the individual, assess the individual’s needs, note Contract #A2110902 EXHIBIT A: Description of Services 2 formal and informal supports, and determine where gaps exist. N. The SSW will request a new or updated diagnostic assessments as needed. O. The initial assessment should include the risks to the safety and stability of the individual as well as the individual’s ability to address such concerns. The SSW will also evaluate the need for emergency services and if needed will assist in making those connections. P. The SSW will work with the individual to develop an initial plan that addresses gaps that exist in the individual’s support system and will work with the individual to identify and connect with community resources. This plan will be signed by both the individual and the SSW. Q. The SSW will ensure that release of information forms are signed and that other paperwork is completed in a timely manner. R. Client information can only be shared with law enforcement when there is an ongoing emergency situation and the client information is necessary to protect the health or safety of the individual or other people. Information disclosed would be limited to that necessary to address the emergency situation. S. If community and/or county resources are needed, the SSW will collect information needed to determine eligibility for those services. The SSW will facilitate referrals to appropriate resources. T. The SSW will collaborate with other involved parties as indicated. U. If eligible for county operated or contracted case management services, the SSW will complete the necessary paperwork to transfer the individual to case management. V. The SSW will document all activities and data as requested for tracking purposes. W. Participation is voluntary, and the individual served has a right to refuse services. Contract #A2110902 EXHIBIT A: Description of Services 3 Goals of the Police-Mental Health Unit include, but are not limited to: A. More timely engagement of SSW with individuals; B. Increased use of community resources to support individuals; C. Increased use of public assistance programs; D. Increased use of non-urgent health care systems; E. Improved engagement of current service providers; F. Ongoing collaboration and learning between HSPHD and POLICE DEPARTMENT; G. Improving the quality of life for those who have encounters with law enforcement; H. Reducing use of force, injury or death to officers and community members; I. Reducing rate of arrests/prosecution of persons in mental health crisis and increase the number of persons who remain in community settings with services and supports; J. Creating cost-savings through reduction of incarceration and hospitalization resulting from mental health crisis; K. Reducing repeat calls and visits for the same issue; L. Improving efficacy of law enforcement response to emergency and non-emergency mental health issues; and M. Increasing public satisfaction with the response to mental health emergencies and other metrics developed utilizing key stakeholder and community input. Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. Synopsis: The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. Attachment List of surplus equipment. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Aditi Salunke, IT Manager ITEM DESCRIPTION: Declare obsolete computer equipment as surplus. ITEM NO.: VIII.H. Asset Type Manufacturer Model Serial Number Laptop Dell Inspiron 5000 4UMP0 Printer Brother MFC-7840W U62064J0N555025 Monitor Dell 1908FPt CN-0FP182-71618-81M-GGFF Monitor Dell 1907FPt CN-0DC323-71618-6BF-A915 Monitor Dell 1908FPt CN-0FP182-71618-77E-GC7P Monitor Dell 1908FPt CN-0FP182-71618-7CT-RBUA Monitor Dell 1908FPt CN-0FP182-71618-81M-GGFK Monitor Dell 1908FPT CN-0FP182-71618-794-RDCH Desktop HP Elite 8200 SFF MXL1251P5F Desktop HP EliteDesk 800 G3 SFF 2UA74825T2 Desktop HP EliteDesk 800 G2 SFF 2UA7082H49 Desktop HP EliteDesk 800 G3 SFF 2UA7321HR8 Desktop HP EliteDesk 800 G3 SFF 2UA7321HR7 Desktop HP EliteDesk 800 G3 SFF 2UA73215F7 Desktop HP EliteDesk 800 G3 SFF 2UA8162FBJ Desktop HP EliteDesk 800 G3 SFF 2UA74825T4 Desktop HP EliteDesk 800 G3 SFF 2UA8162FBJ Desktop HP EliteDesk 800 G4 SFF MXL9362NH9 Scanner Canon DR-2050C DL302136 Scanner Canon DR-2050C DL302146 HDMI Splitter Monoprice MHSP0104E Printer Brother PJ-522 U62280-A0T112201 Scanner Canon DR-3080C II DF327311 Monitor ViewSonic VA2265Smh U99173841393 Monitor Samsung S19B420BW Z6MXHCLD502010T Fax Machine Brother FAX4100e U61639G4J516652 Monitor Dell 1907FPt CN-0DC323-71618-6BF-A899 Monitor Samsung S19B420BW Z6MXHCLD502016W Desktop HP EliteDesk 800 G2 SFF 2UA7082H44 Desktop HP EliteDesk 800 G3 SFF 2UA74825SW Desktop HP EliteDesk 800 G3 SFF 2UA73125FF Desktop HP EliteDesk 800 G3 SFF 2UA8121K09 Desktop HP EliteDesk 800 G3 SFF 2UA73125F8 Desktop HP EliteDesk 800 G3 SFF 2UA73125FC Desktop HP EliteDesk 800 G3 SFF 2UA8061PTF Desktop HP EliteDesk 800 G3 SFF 2UA8162FBP Desktop HP EliteDesk 800 G2 SFF 2UA644336W Monitor Dell 1907FPt CN-0DC323-71618-6AB-AFM7 Monitor Dell 1907FPt CN-0DFP182-71618-821-RMQD Monitor Dell 1908FPt CN-0UW042-64180-83L-OWTS Monitor Dell 1908FPt CN-0CJ319-72872-724-1YCL Laptop Dell E5480 8PBM9H2 Printer Brother HL-L2300D U63878A8N329358 Monitor HP Elite Display E22 G4 6CM1190BM8 Hot Sport Novatel WirelessMiFi 7730L 649496 02323 2 Monitor Dell 1707Fpt CN-0CC280-71618-666-C172 Monitor Dell 1908FPt CN-0FP182-71618-77E-GA8W Monitor Dell 1907FPt CN-0CJ319-72872-724-1WCL Monitor Samsung 943N MY19H9NS918438T Desktop HP EliteDesk 800 G3 SFF MXL83224GV Laptop HP ProBook 640 G2 5CG532155F Tablet Apple iPad DVPHM7NYDFHW iPhone Apple MNAC2LL/A C6KTC80HHG6W iPhone Apple MNAC2LL/A C6KTCBPSHG6W iPhone Apple MNAC2LL/A C6KTCCEGHG6W iPhone Apple MNAC2LL/A C6KTCDYSHG6W iPhone Apple MNAC2LL/A C6KTD1T5HG6W iPhone Apple MNAC2LL/A C6KTD2WSHG6W iPhone Apple MNAC2LL/A C6KTD3AQHG6W iPhone Apple MNAC2LL/A C6KTD53MHG6W iPhone Apple MNAC2LL/A C6KTD53SHG6W iPhone Apple MNAC2LL/A C6KTD5E1HG6W iPhone Apple MNAC2LL/A C6KTD6PTHG6W iPhone Apple MNAC2LL/A C6KTD7PVHG6W iPhone Apple MNAC2LL/A C6KTD85DHG6W iPhone Apple MNAC2LL/A C6KTD8JZHG6W iPhone Apple MNAC2LL/A C6KTD8RKHG6W iPhone Apple MNAC2LL/A C6KTD928HG6W iPhone Apple MNAC2LL/A C6KTD98QHG6W iPhone Apple MNAC2LL/A C6KTD9MXHG6W iPhone Apple MNAC2LL/A C76T80EXHG6W iPhone Apple MNAC2LL/A DNPTWJA2HG6W iPhone Apple MNAC2LL/A DNPTWJVGHG6W iPhone Apple MNAC2LL/A DNVV3M59HG6W iPhone Apple MNAC2LL/A DX3YQ5JLHG6W iPhone Apple MNAC2LL/A F17T7GL1HG6W iPhone Apple MNAC2LL/A F17T7GN3HG6W iPhone Apple MNAC2LL/A F17T7LUFHG6W iPhone Apple MNAC2LL/A F17T803LHG6W iPhone Apple MNAC2LL/A F17T80JQHG6W iPhone Apple MNAC2LL/A F17T80M4HG6W iPhone Apple MNAC2LL/A F17T81PJHG6W iPhone Apple MNAC2LL/A F17T930VHG6W iPhone Apple MNAC2LL/A F17T95VTHG6W iPhone Apple MNAC2LL/A F17T95XRHG6W iPhone Apple MNAC2LL/A F17T96SHHG6W iPhone Apple MNAC2LL/A F17T9AGCHG6W iPhone Apple MNAC2LL/A F17T9CA9HG6W iPhone Apple MNAC2LL/A F17T9CD2HG6W iPhone Apple MNAC2LL/A F17T9CQNHG6W iPhone Apple MNAC2LL/A F17T9CRAHG6W iPhone Apple MNAC2LL/A F17T9CUAHG6W iPhone Apple MNAC2LL/A F17T9CXLHG6W iPhone Apple MNAC2LL/A F17T9CZXHG6W iPhone Apple MNAC2LL/A F17T9D4AHG6W iPhone Apple MNAC2LL/A F17T9D6XHG6W iPhone Apple MNAC2LL/A F17T9E42HG6W iPhone Apple MNAC2LL/A F17T9EDBHG6W iPhone Apple MNAC2LL/A F17T9EUCHG6W iPhone Apple MNAC2LL/A F17T9EVJHG6W iPhone Apple MNAC2LL/A F17T9EVMHG6W iPhone Apple MNAC2LL/A F17T9F14HG6W iPhone Apple MNAC2LL/A F17T9F7NHG6W iPhone Apple MNAC2LL/A F17VJ2NGHG6W iPhone Apple MNAC2LL/A F17VJ3SVHG6W iPhone Apple MNAC2LL/A F18T751KHG6W iPhone Apple MNAC2LL/A F18T7B2ZHG6W iPhone Apple MNAC2LL/A F18T7FYWHG6W iPhone Apple MNAC2LL/A F18T7RXLHG6W iPhone Apple MNAC2LL/A F18T7SFNHG6W iPhone Apple MNAC2LL/A F4GTD03QHG6W iPhone Apple MNAC2LL/A F4GTD0B1HG6W iPhone Apple MNAC2LL/A F4GTD150HG6W iPhone Apple MNAC2LL/A F4GTD15PHG6W iPhone Apple MNAC2LL/A F4GTD18FHG6W iPhone Apple MNAC2LL/A F4GTD1F6HG6W iPhone Apple MNAC2LL/A F4GTD1WMHG6W iPhone Apple MNAC2LL/A F4GTD2EMHG6W iPhone Apple MNAC2LL/A F4GTD3B5HG6W iPhone Apple MNAC2LL/A F4GTD769HG6W iPhone Apple MNAC2LL/A F71VXLG4HG6W iPhone Apple MNAC2LL/A F72Z39F4HG6W iPhone Apple MNAC2LL/A FFMVFAYGHG6W iPhone Apple MNAC2LL/A FK1T58Z9HG6W iPhone Apple MNAC2LL/A G27VC1H7HG6W Case Spigen 042CS20491 Case Spigen 042CS20492 Case Spigen 042CS20493 Case Spigen 042CS20494 Case Spigen 042CS20495 Case Spigen 042CS20496 Case Spigen 042CS20497 Case Spigen 042CS20498 Case Spigen 042CS20499 Case Spigen 042CS20500 Case Spigen 042CS20501 Case Spigen 042CS20502 Case Spigen 042CS20503 Case Spigen 042CS20504 Case Spigen 042CS20505 Case Spigen 042CS20506 Case Spigen 042CS20507 Case Spigen 042CS20508 Case Spigen 042CS20509 Case Spigen 042CS20510 Case Spigen 042CS20511 Case Spigen 042CS20512 Case Spigen 042CS20513 Case Spigen 042CS20514 Case Spigen 042CS20515 Case Spigen 042CS20516 Case Spigen 042CS20517 Case Spigen 042CS20518 Case Spigen 042CS20519 Case Spigen 042CS20520 Case Spigen 042CS20521 Case Spigen 042CS20522 Case Spigen 042CS20523 Case Spigen 042CS20524 Case Spigen 042CS20525 Case Spigen 042CS20526 Case Spigen 042CS20527 Case Spigen 042CS20528 Case Spigen 042CS20529 Case Spigen 042CS20530 Case Spigen 042CS20531 Case Spigen 042CS20532 Case Spigen 042CS20533 Case Spigen 042CS20534 Case Spigen 042CS20535 Case Spigen 042CS20536 Case Spigen 042CS20537 Case Spigen 042CS20538 Case Spigen 042CS20539 Case Spigen 042CS20540 Case Spigen 042CS20541 Case Spigen 042CS20542 Case Spigen 042CS20543 Case Spigen 042CS20544 Case Spigen 042CS20545 Case Spigen 042CS20546 Case Spigen 042CS20547 Case Spigen 042CS20548 Case Spigen 042CS20549 Case Spigen 042CS20550 Case Spigen 042CS20551 Case Spigen 042CS20552 Case Spigen 042CS20553 Case Spigen 042CS20554 Case Spigen 042CS20555 Case Spigen 042CS20556 Case Spigen 042CS20557 Case Spigen 042CS20558 Case Spigen 042CS20559 Case Spigen 042CS20560 Case Spigen 042CS20561 Case Spigen 042CS20562 Case Spigen 042CS20563 Case Spigen 042CS20564 Case Spigen 042CS20565 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: Approve Agreement for Professional Services with Advanced Engineering & Environmental Services LLC for Well House # 17 & Transmission Main Preliminary Design ITEM NO.: VIII.I. Requested Action Move to: Approve Professional Engineering Services Agreement for Well House No. 17 & Transmission Main Preliminary Design in the amount of $47,700.00. Synopsis The purpose of the professional services agreement with Advanced Engineering and Environmental Services (AE2S) is to provide preliminary design for the pumping facility and transmission main that will determine the preliminary site layout and building architectural options, as well as initial process, mechanical and electrical conditions. Background Information With Eden Prairie’s projected population growth, it may become difficult to provide all the water that the community will require without expanding our water supply. Increased community water conservation steps have helped significantly and will continue to be necessary to obtain approval for additional wells in the future. The well 17 location will be at the southwest corner of Pheasant Woods Park. In 2008, well 16 was constructed on the northeast corner of Pheasant Woods Park. At the time well 16 was constructed, we planned that a second well will be required to meet future population growth for the City of Eden Prairie. By selecting two well sites at Pheasant Woods Park, we can use the existing collector line and economize on construction costs to minimize the total expense of expanding our well field. Funds for this project are available and will be paid from Water Access Charges (WAC). Attachment Standard Agreement for Professional Services from AE2S CITY COUNCIL AGENDA SECTION Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 22811 Approve Professional Services Agreement with Erickson Engineering Co., LLC for 2022/2023 Bridge Safety Inspections ITEM NO.: VIII.J. Requested Action Move to: Approve Professional Services Agreement with Erickson Engineering for 2022/2023 Bridge Safety Inspection Services in the amount of $23,500. Synopsis This agreement provides bridge safety inspection services for 41 bridges currently on MnDOT’s Structural Information Management System (SIMS) inventory. Any bridge or structure within public right-of-way with a span of at least ten feet is required to be inspected annually or bi-annually. These safety inspections provide documentation of any damaged or deteriorated components and will recommend any necessary remedial action. Attachment Professional Services Agreement 2021 04 22 2022/2023 Bridge Safety Inspections Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _16th____ day of_ November______, 2021, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Erickson Engineering Co. LLC (“Consultant”), a Minnesota _corporation_ (hereinafter “Consultant”) whose business address is 9531 W 78th St – Suite 100 Eden Prairie, MN 55344______. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for___2022/2023 Bridge Safety Inspections (IC No. 22811)_ hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (_Erickson Engineering Proposal Letter dated November 4, 2021___) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from _November 16, 2021_ through _ November 30, 2023______ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $_ 23,500.00_ for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. 2022/2023 Bridge Safety Inspections Page 2 of 10 2021 04 22 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by 2022/2023 Bridge Safety Inspections Page 3 of 10 2021 04 22 the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written 2022/2023 Bridge Safety Inspections Page 4 of 10 2021 04 22 consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident 2022/2023 Bridge Safety Inspections Page 5 of 10 2021 04 22 $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. 2022/2023 Bridge Safety Inspections Page 6 of 10 2021 04 22 i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. 2022/2023 Bridge Safety Inspections Page 7 of 10 2021 04 22 q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party 2022/2023 Bridge Safety Inspections Page 8 of 10 2021 04 22 using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with 2022/2023 Bridge Safety Inspections Page 9 of 10 2021 04 22 the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 2022/2023 Bridge Safety Inspections Page 10 of 10 2021 04 22 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 2022/2023 Bridge Safety Inspections Page 11 of 10 2021 04 22 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT Erickson Engineering Co. LLC By: Its: City of Eden Prairie – 2022/2023 Bridge Safety Inspections Erickson Engineering Co., LLC, Engineering Services Agreement 21092 Page 1 of 3 CONTENTS A PROJECT DESCRIPTION .................................................................................................................................... 1 B SERVICES ............................................................................................................................................................ 1 1.0 Bridge Safety Inspections ........................................................................................................................ 1 C COMPENSATION ................................................................................................................................................. 2 D TIMELINE .............................................................................................................................................................. 2 E TIME AND MATERIALS RATES .......................................................................................................................... 2 A PROJECT DESCRIPTION The City of Eden Prairie has 41 bridges listed on MnDOT’s Structure Information Management System (SIMS) bridge inventory that require safety inspections during 2022/2023 inspection cycle. The bridges are on either 12-month or 24-month inspection intervals and consist of a variety of structure types including steel beam, steel truss, concrete slab, prestressed quad tee beam, concrete box culvert, concrete pipe-arch culvert, steel pipe culvert, and steel pipe-arch culvert. Erickson Engineering is proposing to perform the bridge safety inspections in accordance with MnDOT and National Bridge Inspection Standards (NBIS) regulations. Erickson Engineering will perform the necessary inspections for calendar years 2022 and 2023. B SERVICES In this document, “Client” refers to the City of Eden Prairie and “Consultant” refers to Erickson Engineering Co., LLC. The Consultant agrees to provide the following services to the Client in connection with the aforementioned project, according to the terms of this agreement. 1.0 BRIDGE SAFETY INSPECTIONS 1.1 The Consultant will conduct safety inspections of required bridges included in MnDOT’s SIMS bridge inventory for the City of Eden Prairie. Inspections will be performed for calendar years EXHIBIT A ENGINEERING SERVICES AGREEMENT between CITY OF EDEN PRAIRIE and ERICKSON ENGINEERING CO., LLC for performing bridge safety inspections for 41 bridges during the 2022/2023 inspection cycle Erickson Engineering Agreement 21092, November 4, 2021 Erickson Engineering Co., LLC 9531 W 78th St – Ste 100 Eden Prairie, MN 55344 ph 952-929-6791, 800-545-8020 fx 952-929-2909 info@ericksonengineering.com www.ericksonengineering.com Tom Wilson, P.E., Vice President 612-249-0839 twilson@ericksonengineering.com ERICKSON ENGINEERING City of Eden Prairie – 2022/2023 Bridge Safety Inspections Erickson Engineering Co., LLC, Engineering Services Agreement 21092 Page 2 of 3 2022 and 2023. The inspections will be performed by a certified Team Leader in accordance with MnDOT and National Bridge Inspection Standards (NBIS) regulations. Results of each inspection will be entered into SIMS by the Team Leader. 1.2 The Consultant will determine if any structures are eligible for a change of inspection frequency, and if so, submit an inspection frequency change request to the MnDOT Bridge Management Unit. 1.3 The bridge safety inspections will be reviewed and approved by a Program Administrator provided by the Consultant. The Program Administrator will be certified in accordance with MnDOT and National Bridge Inspection Standards (NBIS) regulations. C COMPENSATION Compensation in full for the work described in section B Services will be on a Cost Plus (Time and Materials) basis, which includes the Consultant’s profit. Section E shows the Consultant’s Time and Materials rates, and these rates are a part of this agreement. Fees and payment for services listed in this agreement will be as follows: Services: 1.1→1.3 $23,500.00 $23,500.00 Bridge Safety Inspections TOTAL (NOT-TO-EXCEED) Estimated Fee: D TIMELINE Task Completion Date 1.1→1.4 Bridge Safety Inspections ......................................................................... October 2023 E TIME AND MATERIALS RATES TITLE RATE/HR Vice President $ 180.00 Engineering Manager $ 180.00 Project Manager $ 110.00 - $ 140.00 Project Engineer $ 95.00 - $ 110.00 Design Engineer $ 80.00 - $ 90.00 Senior Technician $ 125.00 Engineering Technician $ 80.00 - $ 95.00 Certified Inspector $ 95.00 - $ 105.00 Mileage Rate $ 0.56/mile Lodging $ Actual Cost (room charge / night) City of Eden Prairie – 2022/2023 Bridge Safety Inspections Erickson Engineering Co., LLC, Engineering Services Agreement 21092 Page 3 of 3 TITLE RATE/HR Meals $ 36 per diem Rates may be adjusted annually to reflect cost of living increases. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE November 16, 2021 DEPARTMENT / DIVISION Matt Sackett, Police Chief, Police ITEM DESCRIPTION Approve Agreement between City of Eden Prairie and City of Bloomington for Animal Impound Services ITEM NO. VIII.K. Requested Action Move to: Approve the agreement between the City of Eden Prairie and City of Bloomington for Animal Impound Services. Synopsis The City of Bloomington offers animal impound and boarding services to the City of Eden Prairie. This service has been provided for many years. The current agreement expired on July 31, 2021. The Council approved a new two-year contract at its meeting on August 17, 2021. However, the City of Bloomington subsequently requested certain amendments to the agreement. The version approved by the Council on August 17 was never executed by the City of Bloomington. The amendments now requested include an increase in administrative fees charged to the City and to animal owners for impound services, as well as other minor amendments. Staff finds these amendments to be reasonable and recommends approval. The new agreement is for a two-year period ending July 31, 2023. Attachment Agreement between the City of Eden Prairie and City of Bloomington for Animal Impound Services. Agreement Id: 2021-____ AGREEMENT BETWEEN THE CITY OF BLOOMINGTON AND THE CITY OF EDEN PRAIRIE FOR ANIMAL IMPOUND SERVICES THIS AGREEMENT is made this _______ day of November, 2021 between the City of Bloomington, a Minnesota municipal corporation located at 1800 West Old Shakopee Road, Bloomington, Minnesota 55431 (hereinafter referred to as the "City"), and City of Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (hereinafter referred to as the "Requestor"). WITNESSETH WHEREAS, the City has the power, authority, responsibility and facilities to provide animal control services (“Services”) under the control and direction of its Police Department; and WHEREAS, the Requestor desires to contract for animal control services with the City; and WHEREAS, the City has an established animal control program, shelter, trained staff, supervision and related equipment and tools to provide the Requestor with the animal control services; and NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties agree as follows: I. TERM OF AGREEMENT The term of this Agreement shall be from August 1, 2021 to July 31, 2023, subject to termination as provided in Article V. II. DUTIES OF REQUESTOR A. The Requestor may deliver domestic animals as defined in Bloomington City Code Section 12.91 to the City’s animal control facility (“Facility”) in good health at all times of day with the understanding that the City may at any time refuse to accept an animal based upon the physical condition, type of the animal, or availability of space at its Facility. 2 B. The Requestor authorizes the City to act in accordance with Bloomington City Code Chapter 12 and Minnesota Statutes, Chapters 343, 346, and 347 as it relates to any animals that Requestor delivers and are accepted by the City under the terms of this Agreement. C. Requestor understands and agrees that the City has authority to arrange for veterinary care of animals delivered by the Requestor, if the City, in its sole discretion, determines the animal to be sick or injured and in need of such care. Unless the animal is claimed and such veterinary costs are collected from the owner, the Requestor shall reimburse the City for all costs associated with the provision of such veterinary care, including all staff and administrative costs. D. The Requestor shall defend, indemnify and hold harmless the City, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out of or resulting from the Services provided by the City at Requestor’s request under this Agreement, including the destruction or disposal of all animals left in the City’s care by the Requestor. E. The Requestor agrees to pay the City within thirty (30) days of the date of invoice for all Services rendered pursuant to this Agreement and assessed in accordance with the fee schedule attached as Exhibit A. Late fees will be assessed at the maximum rate allowed by law, for all amounts not paid within thirty (30) days from the date of the original invoice. F. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of copartners between the parties hereto or as constituting the Requestor's staff as the agents, representatives or employees of the City for any purpose in any manner whatsoever. The Requestor and its staff are to be and shall remain independent contractors with respect to all services performed under this Agreement. The Requestor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Requestor or other persons, while engaged in the performance of any work or services required by the Requestor under this 3 Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Requestor, its officers, agents, Requestors or employees shall in no way be the responsibility of the City; and the Requestor shall defend, indemnify and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. G. The Requestor shall be responsible for checking for identification on those animals it delivers to the City and for prompt notification of identified owners of the location and impoundment of the animal by the most expedient means. H. The parties agree to comply with the Minnesota Human Rights Act, Minnesota Statutes, Section 363A, as amended. I. The Requestor shall maintain commercial general liability insurance in the following amounts during the term of this Agreement: 1. Bodily injury in the amount of at least $500,000 per individual and $1,500,000 per occurrence for injuries or death arising out of each occurrence. 2. Property damage liability in the amount of $1,500,000 for each occurrence. 3. The Requestor further agrees to name the City as additional insured on said insurance policies and to provide a certificate of said insurance to the City prior to commencing work pursuant to this Agreement. 4 4. The Requestor shall carry Worker’s Compensation Insurance as required by Minnesota Statutes, Section 176.181, subd 2. 5. The Requestor agrees to notify the City thirty (30) days prior to cancellation or a change in any of the aforementioned insurance policies. All insurance must be provided at the Requestor’s expense and at no additional cost to the City. III. DUTIES OF THE CITY A. The City will exercise reasonable care in feeding, boarding and caring for the animals received from the Requestor while they remain under its care, custody and control. B. For unclaimed animals, the City will invoice the Requestor, on a monthly basis, for all charges for Services provided according to Exhibit A. The City will release an animal received from the Requestor to the animal’s owner in accordance with the City’s redemption criteria and upon the animal owner’s payment in full to the City of the total fees as described in Exhibit A for Claimed Animals. For animals claimed by their owners, the City will credit any fees collected on the Requestor’s behalf, as identified on Exhibit A, on Requestor’s monthly invoice. C. The City will exercise reasonable care in disposing of animals received from the Requestor in accordance with the City’s disposal criteria, state law and local ordinances. Methods of disposal shall be determined by the City and will include without limitation, sale, adoption, destruction and donation. IV. GENERAL PROVISIONS A. This Agreement represents the entire Agreement between the Requestor and the City and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof; and amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 5 B. The parties shall comply with the Americans With Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. The Requestor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA and/or Section 504 caused by the Requestor. Upon request accommodation will be provided to allow individuals with disabilities to participate in all services, programs and activities. The City has designated coordinators to facilitate compliance with the Americans with Disabilities Act of 1990, as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. C. The parties will comply with all applicable provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota Statutes, as amended. D. This Agreement shall be interpreted using the laws of the State of Minnesota. Both parties agree to comply with all applicable local, state and federal laws, rules, regulations and ordinances in the performance of the duties of this Agreement. E. This Agreement shall not be assignable by either party except with the written consent of the other party. F. The books, records, documents, and accounting procedures of both parties, relevant to this Agreement, are subject to examination by the other party, and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05, Subdivision 5. G. Both parties agree to submit all claims, disputes and other matters in question between the parties arising out of or relating to this Agreement to mediation. The mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue, Suite 100, Minneapolis, MN 55405. In the event mediation is 6 unsuccessful, either party may exercise its legal or equitable remedies and may commence such action prior to the expiration of the applicable statute of limitations. H. The Requestor agrees to require each of its agents, officers and employees to abide by the City’s policies prohibiting sexual harassment, firearms and smoking, as well as all other reasonable work rules, safety rules or policies regulating the conduct of persons on City property at all times while performing duties pursuant to this Agreement. The Requestor agrees and understands that a violation of any of these policies or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. I. Notices. Any notice permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 Attn: Matt Sackett, Chief of Police; email: msackett@edenprairie.org; phone: 952-949-6200 City: City of Bloomington, 1800 West Old Shakopee Road, Bloomington, MN 55431, Attn: John Carlson, Animal Control Coordinator; jpcarlson@BloomingtonMN.gov; 952-563-4943; or such other contact information as either party may provide to the other by notice given in accordance with this provision. A convenience copy may be provided electronically. V. TERMINATION Either party may terminate this Agreement for any reason upon giving thirty (30) days' advanced written notice to the other party. Either party may terminate this Agreement at any time in event of default or violation by the other party of any provision of this Agreement. The non-defaulting party may take whatever action at law or in equity that may appear necessary or desirable to collect damages arising from a default or violation or to enforce performance of this Agreement. 7 [Remainder of the page left blank.] 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF BLOOMINGTON, MINNESOTA DATED:___________________________ BY:________________________________ James D. Verbrugge Its: City Manager Reviewed and approved by the City Attorney. __________________________________ City Attorney CITY OF EDEN PRAIRIE, MINNESOTA DATED:___________________________ BY:________________________________ Ronald A. Case Its: Mayor BY:________________________________ Rick Getschow Its: City Manager 9 EXHIBIT A FEE SCHEDULE Unclaimed Animals: Fees to be collected from Requestor for the Boarding and Disposal of Unclaimed Animals received from Requestor: Administrative Charge $75.00 per animal Disposal $40.00 per animal Boarding $30.00 per day, per animal Veterinarian Services as billed by veterinarian Claimed Animals: Fees to be collected from the Owner for Boarding of Claimed Animals received from Requestor: Administrative Charge $75.00 per animal Boarding $30.00 per day, per animal Veterinarian Services as billed by veterinarian Adjustment of All Fees: These fees may be administratively adjusted from time to time without a formal amendment of the Agreement. Such adjustment shall be made in accordance with the following procedure: 1. Fee adjustments are automatic when the City has, by Council action, adjusted its boarding, impound, administrative, sale and disposal fees for its own residents. 2. The adjusted fees shall not exceed the amounts set for City residents. 3. Initiation of a fee adjustment shall be made by thirty (30) day’s written notice thereof to the Requestor. 4. The adjusted fees shall become effective, within thirty (30) days of the notice of fee adjustment, unless the Requestor terminates this Agreement. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE November 16, 2021 DEPARTMENT / DIVISION Matt Sackett, Police Chief, Police ITEM DESCRIPTION Approve Agreement between City of Eden Prairie and Vigilant Solutions LLC for License Plate Readers ITEM NO. VIII.L. Requested Action Move to: Approve the agreement between the City of Eden Prairie and Vigilant Solutions LLC for License Plate Readers (LPR). Synopsis The Eden Prairie Police Department has received an Automobile Theft Prevention Grant from the Department of Commerce Fraud Bureau. This grant will be used to contract services for License Plate Readers (LPR) that can be placed in high auto theft areas and report to the EPPD. The agreement is for a 3 year period from November 16th, 2021 – November 15th, 2024. Background Auto theft in Eden Prairie has increased 152% between 2018 – 2020 (25 in 2018, 23 in 2019 to 63 in 2020). The EPPD applied for this grant to purchase stationary license plate readers (LPR) that we can move to areas with high incidences of vehicle theft. Use of LPRs in these areas will help EPPD to more quickly identify suspect vehicles and suspects, thereby preventing future crimes. We have learned that the theft of vehicles has a wider impact than just the theft itself. Vehicles stolen in Eden Prairie have been used to commit other crimes in the metro area including shootings, carjackings and residential burglaries. In addition, stolen vehicles often result in high-speed pursuits which puts other motorists and our officers in danger. LPRs will help us more quickly identify suspects and get them off the street before they are able to commit additional crimes. Attachment Enterprise Service Agreement (ESA) between the City of Eden Prairie and Vigilant Solutions LLC for ALPR services. Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 1 of 13 ____________ ____________ Customer Initials VS Initials Enterprise Service Agreement (ESA) This Vigilant Solutions Enterprise Service Agreement (the “Agreement”) is made and entered into as of this 16th Day of November, 2021 by and between Vigilant Solutions, LLC, a Delaware limited liability company, having its principal place of business at 1152 Stealth Street, Livermore, CA 94551 (“Vigilant”) and the City of Eden Prairie, a Minnesota municipal corporation, on behalf of its Police Department, a law enforcement agency (LEA), having its principal place of business at 8080 Mitchell Road, Eden Prairie, MN 55344 (“Customer”). WHEREAS, Vigilant designs, develops, licenses and services advanced video analysis software technologies for law enforcement and security markets; WHEREAS, Customer desires to license from and receive service for the Hardware and Software Products provided by Vigilant; THEREFORE, In consideration of the mutual covenants contained herein this Agreement, Customer and Vigilant hereby agree as follows: I. Definitions: “CJIS Security Policy” means the FBI CJIS Security Policy document as published by the FBI CJIS Information Security Officer. “CLK” or “Camera License Key” means an electronic key that will permit each license of Vigilant’s CarDetector brand LPR software (one CLK per camera) to be used with other Vigilant LPR Hardware Products and Software Products. “Criminal Justice Information Services Division” or “CJIS” means the FBI division responsible for the collection, warehousing, and timely dissemination of relevant CJI to the FBI and to qualified law enforcement, criminal justice, civilian, academic, employment, and licensing agencies. “Effective Date” means the date set forth in the first paragraph of this Agreement. “Enterprise License” means a non-exclusive, non-transferable license to install and operate the Software Products, on any applicable media, without quantity or limitation. This Enterprise Service Agreement allows Customer to install the Software Products on an unlimited number of devices in accordance with the selected Service Package, and allow benefits of all rights granted hereunder this Agreement. “Hardware Products” means Vigilant’s Fixed License Plate Recognition Cameras, Camera Brackets and Solar Panels. “LEARN” means Law Enforcement Archival Reporting Network, which is a hosted data capture and image analytics platform for license plates. “LPR Data” refers to LPR data collected by the Customer and available on LEARN for use by the Customer as authorized by Minn. Stat. § 13.824, subd. 2(a), as it may be amended from time to time. “Service Fee” means the amount due from Customer as consideration for the continued use of the Software Products and Service Package benefits according to Section XII of this Agreement. “Service Package” means the Customer-designated service option which defines the extent of use of the Software Products, in conjunction with any service and/or benefits therein granted as rights hereunder this Agreement. Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 2 of 13 ____________ ____________ Customer Initials VS Initials “Service Period” has the meaning set forth in Section III (A) of this Agreement. “Software Products” means Vigilant’s Software Suite including CarDetector, LEARN, and other software applications considered by Vigilant to be applicable for the benefit of security practices. “Technical Support Agents” means Customer’s staff person responsible for administering the Software Products and acting as Customer’s Software Products support contact. “User License” means a non-exclusive, non-transferable license to install and operate the Software Products, on any applicable media, limited to a single licensee. “Users” refers to individuals who are agents of the Customer and who are authorized by the Customer to access LEARN on behalf of Customer through login credentials provided by Customer. II. Enterprise License Grant; Duplication and Distribution Rights: Subject to the terms and conditions of this Agreement, Vigilant hereby grants Customer an Enterprise License to the Software Products for the Term provided in Section III below. Except as expressly permitted by this Agreement, Customer or any third party acting on behalf of Customer shall not copy, modify, distribute, loan, lease, resell, sublicense or otherwise transfer any right in the Software Products. Except as expressly permitted by this Agreement, no other rights are granted by implication, estoppels or otherwise. Customer shall not eliminate, bypass, or in any way alter the copyright screen (also known as the “splash” screen) that may appear when Software Products are first started on any computer. Any use or redistribution of Software Products in a manner not explicitly stated in this Agreement, or not agreed to in writing by Vigilant, is strictly prohibited. III. Term; Termination. A. Term. The term of this Agreement is three (3) years beginning on the Effective Date unless earlier terminated as provided herein. Vigilant will provide Customer with an invoice for the Service Fee due for the subsequent twelve (12) month period (each such period, a “Service Period”) 60 days prior to the end of the then current Service Period. The first Service Period must be paid prior to the Effective Date. This Agreement and the Enterprise License granted under this Agreement will be extended for a Service Period upon Customer’s payment of that Service Period’s Service Fee, which is due 30 days prior to the expiration of the current Service Period, as the case may be. Pursuant to Section XII below, Customer may also pay in advance for more than one Service Period. B. Customer Termination. Customer has the right to terminate this Agreement at any time by providing thirty (30) days written notice to Vigilant. If Customer’s termination notice is based on an alleged breach of this Agreement by Vigilant, then Vigilant shall have thirty (30) days from the date of receipt of Customer’s notice of termination, which shall set forth in detail Vigilant’s purported breach of this Agreement, to cure the alleged breach. If within thirty (30) days of written notice of violation from Customer Vigilant has not reasonably cured the described breach of this Agreement, Vigilant shall refund to Customer an amount calculated by multiplying the total amount of Service Fees paid by Customer for the then-current Service Period by the percentage resulting from dividing the number of days remaining in the then-current Service Period, by 365 (the “Prorated Refund”).. If Customer terminates this Agreement for any reason other than for Vigilant’s uncured breach prior to the end of any Service Period, Vigilant will not refund or prorate any license fees paid by the Customer unless otherwise provided by this Agreement. Upon termination, Customer shall delete all copies of Software Products. C. Vigilant Termination. Vigilant has the right to terminate this Agreement at any time by providing thirty (30) days written notice to Customer. If Vigilant’s termination notice is based on an alleged breach by Customer, then Customer shall have thirty (30) days from the date of its receipt of Vigilant’s notice of termination, which shall set forth in detail Customer’s purported breach of this Agreement, to cure the alleged breach. If within thirty (30) days of written Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 3 of 13 ____________ ____________ Customer Initials VS Initials notice of violation from Vigilant Customer has not reasonably cured the described breach of this Agreement, Customer shall immediately discontinue all use of Hardware Products and Software Products and certify to Vigilant that it has returned or destroyed all copies of Software Products in its possession or control. If Vigilant terminates this Agreement for any reason other than Customer’s uncured breach prior to the end of a Service Period, Vigilant shall refund to Customer the Prorated Refund. IV. Warranty and Disclaimer; Infringement Protection; Use of Software Products Interface. A. Warranty and Disclaimer. Vigilant warrants that the Hardware Products and Software Products will be free from all Significant Defects (as defined below) during the term of this Agreement (the “Warranty Period”). “Significant Defect” means a defect in a Hardware Product or Software Product that impedes the primary function of the Hardware Product or Software Product. This warranty does not include products not manufactured by Vigilant. Vigilant will repair or replace any Hardware Product or Software Product with a Significant Defect during the Warranty Period; provided, however, if Vigilant cannot substantially correct a Significant Defect in a commercially reasonable manner, Customer may terminate this Agreement and Vigilant shall refund to Customer the Prorated Refund. The foregoing remedies are Customer’s exclusive remedy for defects in the Software Product. Vigilant shall not be responsible for labor charges for removal or reinstallation of defective Hardware Products or Software Products, charges for transportation, shipping or handling loss, unless such charges are due to Vigilant's gross negligence or intentional misconduct. Vigilant disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall Vigilant be liable for any damages whatsoever arising out of the use of, or inability to use, the Hardware Products and Software Products, except as otherwise expressly provided in this Agreement. B. Infringement Protection. If an infringement claim is made against Customer by a third-party in a court of competent jurisdiction regarding Customer’s use of any of the Hardware Products or Software Products, Vigilant shall indemnify Customer, and assume all legal responsibility and costs to contest any such claim. If Customer's use of any portion of the Hardware Products or Software Products or documentation provided to Customer by Vigilant in connection with the Hardware Products or Software Products is enjoined by a court of competent jurisdiction, Vigilant shall do one of the following at its option and expense within sixty (60) days of such enjoinment: (1) Procure for Customer the right to use such infringing portion; (2) replace such infringing portion with a non-infringing portion providing equivalent functionality; or (3) modify the infringing portion so as to eliminate the infringement while providing equivalent functionality. If a third-party has made an infringement claim against Customer in a court of competent jurisdiction, and Customer chooses to terminate this Agreement under Section III.B because of such infringement claim, Vigilant shall provide to Customer the Prorated Refund. C. Use of Software Products Interface. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a touch screen or laptop screen and any of their applications. It is agreed by Customer that Customer’s users will be instructed to only utilize the interface to the Software Products at times when it is safe to do so. Vigilant is not liable for any accident caused by a result of distraction such as from viewing the screen while operating a moving vehicle. V. Software Support, Warranty and Maintenance. Customer will receive technical support by submitting a support ticket to Vigilant’s company support website or by sending an email to Vigilant’s support team. Updates, patches and bug fixes of the Software Products will be made available to Customer at no additional charge, although charges may be assessed if the Software Product is requested to be delivered on physical media. Vigilant will provide Software Products support to Customer’s Technical Support Agents through e-mail, fax and telephone. Customer allows Vigilant Solutions to access the L5Q camera settings for the purposes of optimizing the plate collection process. VI. Camera License Keys (CLKs). Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 4 of 13 ____________ ____________ Customer Initials VS Initials Customer is entitled to use of the Software Products during the term of this Agreement to set up and install the Software Products on an unlimited number of media centers within Customer’s network in accordance with selected Service Options. As Customer installs additional units of the Hardware Products or Software Products, Customer is required to obtain a Camera License Key (CLK) for each camera installed and considered in active service. A CLK can be obtained by Customer by going to Vigilant’s company support website and completing the online request form to Vigilant technical support staff. Within two (2) business days of Customer’s application for a CLK, Customer’s Technical Support Agent will receive the requested CLK that is set to expire on the last day of the then-current Service Period. VII. Ownership. A. Ownership of Software Products. The Software Products are copyrighted by Vigilant and remain the property of Vigilant. The license granted under this Agreement is not a sale of the Software Products or any copy. Customer owns the physical media on which the Software Products are installed, but Vigilant retains title and ownership of the Software Products and all other materials included as part of the Software Products. B. Ownership of Hardware Products. The Hardware Products provided under this agreement remain the property of Vigilant. Customer has no ownership or rights to Hardware Products provided under this Agreement during or after the Term of this Agreement. C. Rights in Software Products. Vigilant represents and warrants that: (1) it has title to the Software and the authority to grant license to use the Software Products; (2) it has the corporate power and authority and the legal right to grant the licenses contemplated by this Agreement; and (3) it has not and will not enter into agreements and will not take or fail to take action that causes its legal right or ability to grant such licenses to be restricted. VIII. Data Sharing. If Customer is a generator of LPR Data, Customer at its option may share its LPR Data with Law Enforcement Agencies who contract with Vigilant. Vigilant will not share any LPR Data generated by the Customer without the permission of the Customer. IX. Ownership of LPR Data. Customer retains all rights to LPR Data generated by the Customer. Upon the expiration or termination of this Agreement for any reason, at the written request of an authorized representative of Customer, Vigilant will create and provide to Customer a copy of all LPR Data generated by the Customer. After the copy is created, all LPR Data generated by the Customer will be deleted from LEARN and any other storage medium maintained by Vigilant at the written request of an authorized representative of the Customer. X. Data Retention. LPR Data is governed by the Customer’s retention policy. LPR Data will be deleted from LEARN in accordance with the Customer’s settings. XI. Account Access. A. Eligibility. Customer shall only authorize individuals who satisfy the eligibility requirements of “Users” to access LEARN. Vigilant in its sole discretion may deny access to LEARN to any individual based on such person’s failure to satisfy such eligibility requirements. User logins are restricted to employees of the Customer. No User logins may be provided to non-employees of the Customer without the express written consent of Vigilant. B. Security. Customer shall be responsible for assigning an Agency Manager who in turn will be responsible for assigning to each of Customer’s Users a username and password (one per user account). A limited number of User accounts is provided. Customer will cause the Users to maintain username and password credentials Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 5 of 13 ____________ ____________ Customer Initials VS Initials confidential and will prevent use of such username and password credentials by any unauthorized person(s). Customer shall notify Vigilant immediately if Customer believes the password of any of its Users has, or may have, been obtained or used by any unauthorized person(s). In addition, Customer must notify Vigilant immediately if Customer becomes aware of any other breach or attempted breach of the security of any of its Users’ accounts. C. CJIS Requirements. Customer certifies that its LEARN users shall comply with the CJIS requirements outlined in Exhibit A. XII. Service Package, Fees and Payment Provisions. A. Service Package. This Enterprise License Agreement is based on the following Service Package: Service Package - Fixed Camera Subscription Service: ● 12 Fixed Cameras with Camera Brackets ● Solar Panel ● Hardware warranty for manufacturer defect ● Following the L6Q’s general release, one L5Q trade-in for one L6Q during the Term of the Agreement ● Vigilant Managed/Hosted LPR server LEARN Account ● Unlimited user licensing and software upgrades for the following applications: o LEARN and CarDetector B. Service Fee. Payment of each Service Fee entitles Customer to all rights granted under this Agreement, including without limitation, use of the Hardware Products and Software Products for the relevant Service Period, replacement of CLKs, and access to the updates and releases of the Software Products and associated equipment driver software to allow the Hardware Products and Software Products to remain current and enable the best possible performance. The Service Fees payable from Customer to Vigilant under this Agreement for each Service Period are as follows: Service Period/Year One: $19,512.00 (includes shipping charges) Service Period/Year Two: $18,672.00 Service Period/Year Three: $18,672.00 Payment of the Service Fee for Service Period/Year One is due within thirty (30) days of the Effective Date. Payment of the Service Fee for subsequent Service Periods is due at least thirty (30) days prior to the commencement of the next Service Period. All Service Fees are exclusive of any sales, use, value-added, or other federal, state, or local taxes (excluding taxes based on Vigilant’s net income) and Customer agrees to pay any such tax. XIII. Miscellaneous. A. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR CONNECTED WITH THE USE OF THE HARDWARE PRODUCTS AND SOFTWARE PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL VIGILANT’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY CUSTOMER TO VIGILANT FOR THE HARDWARE PRODUCTS AND SOFTWARE PRODUCTS LICENSED UNDER THIS AGREEMENT. Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 6 of 13 ____________ ____________ Customer Initials VS Initials B. Confidentiality. Customer acknowledges that Hardware Products and Software Products contain valuable and proprietary information of Vigilant and Customer will not disassemble, decompile or reverse engineer any Hardware Products or Software Products to gain access to confidential information of Vigilant. C. Assignment. Neither Vigilant nor Customer is permitted to assign this Agreement without the prior written consent of the other party. Any attempted assignment without written consent is void. D. Amendment; Choice of Law. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of the parties. This Agreement shall be governed by the laws of the state of Minnesota without regard to its conflicts of law principals. E. Complete Agreement. This Agreement constitutes the final and complete agreement between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements, written or oral, with respect to such subject matter. F. Relationship. The relationship created hereby is that of contractor and customer and of licensor and customer. Nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties hereto. Neither party shall have any authority to enter into agreements of any kind on behalf of the other and shall have no power or authority to bind or obligate the other in any manner to any third party. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Each party hereto represents that it is acting on its own behalf and is not acting as an agent for or on behalf of any third party. G. No Rights in Third Parties. This Agreement is entered into for the sole benefit of Vigilant and Customer and their permitted successors, executors, representatives, administrators and assigns. Nothing in this Agreement shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other entity, including, without limitation, the general public or any member thereof, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries, property damage, or any other relief in law or equity in connection with this Agreement. H. Construction. The headings used in this Agreement are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. Any term referencing time, days or period for performance shall be deemed calendar days and not business days, unless otherwise expressly provided herein. I. Severability. If any provision of this Agreement shall for any reason be held to be invalid, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, such provision shall be construed so as to make it enforceable to the greatest extent permitted, such provision shall remain in effect to the greatest extent permitted and the remaining provisions of this Agreement shall remain in full force and effect. J. Federal Government. Any use, copy or disclosure of Software Products by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227 (ALT III), as applicable. K. Right to Audit. Customer, upon thirty (30) days advanced written request to Vigilant, shall have the right to investigate, examine, and audit any and all necessary non-financial books, papers, documents, records and personnel that pertain to this Agreement and any other Sub Agreements. Pursuant to Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of Vigilant or other parties relevant to this Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 7 of 13 ____________ ____________ Customer Initials VS Initials Agreement are subject to examination by the Customer and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. L. Notices; Authorized Representatives; Technical Support Agents. All notices, requests, demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered in person; (b) sent by facsimile transmission indicating receipt at the facsimile number where sent; (c) one (1) business day after being deposited with a reputable overnight air courier service; or (d) three (3) business days after being deposited with the United States Postal Service, for delivery by certified or registered mail, postage pre-paid and return receipt requested. All notices and communications regarding default or termination of this Agreement shall be delivered by hand or sent by certified mail, postage pre-paid and return receipt requested. Either party may from time to time change the notice address set forth below by delivering 30 days advance notice to the other party in accordance with this section setting forth the new address and the date on which it will become effective. Vigilant Solutions, LLC Attn: Sales Administration 1152 Stealth Street Livermore, CA 94551 Customer: City of Eden Prairie Attn: Chief of Police Address: 8080 Mitchell Road Eden Prairie, MN 55344 M. Authorized Representatives; Technical Support Agents. Customer’s Authorized Representative is responsible for administering this Agreement and Customer’s Technical Support Agents are responsible for administering the Hardware Products and Software Products and acting as Customer’s Hardware Products and Software Products support contact. Either party may from time to time change its Authorized Representative, and Customer may from time to time change its Technical Support Agents, in each case, by delivering 30 days advance notice to the other party in accordance with the notice provisions of this Agreement. N. Data Practices Act. Any reports, information, or data in any form given to, or prepared or assembled by Vigilant under this Agreement which the Customer requests to keep confidential, shall not be made available to any individual or organization outside of Vigilant’s and its parent’s, affiliates’ and subsidiaries’ organizations with the Customer’s prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Vigilant in performing any of the functions of the Customer during the performance of this Agreement is subject to the requirements of the Data Practices Act and Vigilant shall comply with those requirements as if it were a government entity. O. Non-Discrimination. In the performance of this Agreement, Vigilant shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, martial status with regards to public assistance, disability, sexual orientation, or age against any employee of Vigilant, any subcontractor of Vigilant, or any applicant for employment. Vigilant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363A.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. P. Attorneys’ Fees. If suit or action is filed by either party to enforce the provisions of this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees as fixed by the court. [SIGNATURE PAGE FOLLOWS] Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 8 of 13 ____________ ____________ Customer Initials VS Initials IN WITNESS WHEREOF, the parties have executed the Agreement as of the Effective Date. Manufacturer: Vigilant Solutions, LLC Authorized Agent: ____________________________________________________ Title: ____________________________________________________ Date: ____________________________________________________ Signature: ____________________________________________________ Customer: City of Eden Prairie By: _______________________________ Ronald A. Case, Mayor Date: _______________________________ By: _______________________________ Rick Getschow, City Administrator Date: ________________________________ Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 9 of 13 ____________ ____________ Customer Initials VS Initials Exhibit A: CJIS Requirements Vigilant and the Customer agree on the importance of data security, integrity and system availability and that these security objectives will only be achieved through shared responsibility. Vigilant and the Customer agree they will more likely be successful with information security by use of the Vigilant supplied technical controls and client Customer use of those controls; in conjunction with agency and personnel policies to protect the systems, data and privacy. Vigilant and the Customer agree that Customer owned and FBI-CJIS supplied data in Vigilant systems does not meet the definition of FBI-CJIS provided Criminal Justice Information (CJI). Regardless, Vigilant agrees to treat the Customer- supplied information in Vigilant systems as CJI. Vigilant will strive to meet those technical and administrative controls; ensuring the tools are in place for the proper protection of systems, information and privacy of individuals to the greatest degree possible. Vigilant and the Customer agree that information obtained or incorporated into Vigilant systems may be associated with records that are sensitive in nature having, tactical, investigative and Personally Identifiable Information. As such, that information will be treated in accordance with applicable laws, policies and regulations governing protection and privacy of this type of data. Vigilant and the Customer agree that products and services offered by Vigilant are merely an investigative tool to aid the Customer in the course of their duties and that Vigilant make no claims that direct actions be initiated based solely upon the information responses or analytical results. Further, Vigilant and the Customer agree that the Customer is ultimately responsible for taking the appropriate actions from results, hits, etc. generated by Vigilant products and require ongoing training, human evaluation, verifying the accuracy and currency of the information, and appropriate analysis prior to taking any action. As such, the parties agree to do the following: Vigilant: 1. Vigilant has established the use of FBI-CJIS Security Policy as guidance for implementing technical security controls in an effort to meet or exceed those Policy requirements. 2. Vigilant agrees to appoint a CJIS Information Security Officer to act as a conduit to the client Contracting Government Agency, Agency Coordinator, to receive any security policy information and disseminate to the appropriate staff. 3. Vigilant agrees to adhere to FBI-CJIS Security Policy Awareness Training and Personnel Screening standards as required by the Customer. 4. Vigilant agrees, by default, to classify all client supplied data and information related to client owned infrastructure, information systems or communications systems as “Criminal Justice Data”. All client information will be treated at the highest level of confidentiality by all Vigilant staff and authorized partners. Vigilant has supporting guidance/policies for staff handling the full life cycle of information in physical or electronic form and has accompanying disciplinary procedures for unauthorized access, misuse or mishandling of that information. 5. Vigilant will not engage in data mining, commercial sale, unauthorized access and/or use of any of Customer owned data. 6. Vigilant and partners agree to use their formal cyber Incident Response Plan if such event occurs. 7. Vigilant agrees to immediately inform Customer of any cyber incident or data breach, to include DDoS, Malware, Virus, etc. that may impact or harm client data, systems or operations so proper analysis can be performed and client Incident Response Procedures can be initiated. Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 10 of 13 ____________ ____________ Customer Initials VS Initials 8. Vigilant will only allow authorized support staff to access the Customer’s account or Customer data in support of Customer as permitted by the terms of contracts. 9. Vigilant agrees to use training, policy and procedures to ensure support staff use proper handling, processing, storing, and communication protocols for Customer data. 10. Vigilant agrees to protect client systems and data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance or the support roles assigned. 11. Vigilant agrees to inform the Customer of any unauthorized, inappropriate use of data or systems. 12. Vigilant will design software applications to facilitate FBI-CJIS compliant information handling, processing, storing, and communication of Customer. 13. Vigilant will advise Customer when any software application or equipment technical controls are not consistent with meeting FBI-CJIS Policy criteria for analysis and due consideration. 14. Vigilant agrees to use the existing Change Management process to sufficiently plan for system or software changes and updates with Rollback Plans. 15. Vigilant agrees to provide technical security controls that only permit authorized user access to Customer owned data and Vigilant systems as intended by the Customer and data owners. 16. Vigilant agrees to meet or exceed the FBI-CJIS Security Policy complex password construction and change rules. 17. Vigilant will only provide access to Vigilant systems and Customer owned information through Customer managed role-based access and applied sharing rules configured by the Customer. 18. Vigilant agrees to provide technical controls with additional levels of user Advanced Authentication in Physically Non-Secure Locations. 19. Vigilant agrees to provide compliant FIPS 140-2 Certified 128-bit encryption to Customer owned data during transport and storage (“data at rest”) while in the custody and control of Vigilant. 20. Vigilant agrees to provide firewalls and virus protection to protect networks, storage devices and data. 21. Vigilant agrees to execute archival, purges and/or deletion of data as configured by the Customer. 22. Vigilant agrees to provide auditing and alerting tools within the software applications so Customer can monitor access and activity of Vigilant support staff and Customer users for unauthorized access, disclosure, alteration or misuse of Customer owned data. (Vigilant support staff will only have access when granted by the Customer.) 23. Vigilant will only perform direct support remote access to Customer systems/infrastructure when requested, authorized and physically granted access to the applications/systems by the Customer. This activity will be documented by both parties. 24. Vigilant creates and retains activity transaction logs to enable auditing by the Customer data owners and Vigilant staff. 25. Vigilant agrees to provide physical protection for the equipment-storing Customer data along with additional technical controls to protect physical and logical access to systems and data. 26. Vigilant agrees to participate in any Information or Technical Security Compliance Audit performed by the Customer, state CJIS System Agency or FBI-CJIS Division. 27. Vigilant agrees to perform independent employment background screening for its staff and participate in additional fingerprint background screening as required by Customer. 28. Vigilant agrees that the Customer owns all Customer contributed data to include “hot-lists”, scans, user information etc., is only shared as designated by the Customer and remains the responsibility and property of the Customer. Customer: 1. Customer agrees to appoint an Agency Coordinator as a central Point of Contact for all FBI-CJIS Security Policy related matters and to assign staff that are familiar with the contents of the FBI-CJIS Security Policy. 2. Customer agrees to have the Agency Coordinator provide timely updates with specific information regarding any new FBI-CJIS, state or local information security policy requirements that may impact Vigilant compliance Vigilant_ESA_L5Q Sub_Public Safety_1.4 Page 11 of 13 ____________ ____________ Customer Initials VS Initials or system/application development and, to facilitate obtaining certifications, training, and fingerprint-based background checks as required. 3. Customer agrees to inform Vigilant when any FBI-CJIS Security Awareness Training, personnel background screening or execution of FBI-CJIS Security Addendum Certifications are required. 4. Customer agrees to immediately inform Vigilant of any relevant data breach or cyber incident, to include DDoS, Malware, Virus, etc. that may impact or harm Vigilant systems, operations, business partners and/or other Customers, so proper analysis can be performed, and Incident Response Procedures can be initiated. 5. Customer agrees that they are responsible for the legality and compliance of information recorded, submitted or placed in Vigilant systems and use of that data. 6. Customer agrees that they are responsible for proper equipment operation and placement of equipment. 7. Customer agrees that they are responsible for vetting authorized user access to Vigilant systems with due consideration of providing potential access to non-Customer information. 8. Customer agrees that responsibility and control of persons granted access to purchased Vigilant systems, along with data stored and transmitted via Vigilant systems, is that of the Customer. 9. Customer agrees that they have responsibility for all data security, handling and data protection strategies from point of acquisition, during transport and until submission (“Hotlist upload”) into Vigilant systems. 10. Customer agrees to reinforce client staff policies and procedures for secure storage and protection of Vigilant system passwords. 11. Customer agrees to reinforce client staff policies for creating user accounts with only government domain email addresses. Exceptions will be granted in writing. 12. Customer agrees to reinforce client staff policies for not sharing user accounts. 13. Customer agrees to use Vigilant role-based access as designed to foster system security and integrity. 14. Customer agrees that they control, and are responsible for, appropriate use and data storage policies as well as procedures for the data maintained outside the Vigilant systems. This includes when any information is disseminated, extracted or exported out of Vigilant systems. 15. Customer agrees that they control and are responsible for developing policies, procedures and enforcement for applying deletion/purging and dissemination rules to information within and outside the Vigilant systems. 16. Customer agrees that it is their responsibility to ensure data and system protection strategies are accomplished through the tools provided by Vigilant for account and user management features along with audit and alert threshold features. 17. Customer agrees to use the “virtual escorting” security tools provided for managing client system remote access and monitor Vigilant support staff when authorized to assist the client. 18. Customer agrees that the Vigilant designed technical controls and tools will only be effective in conjunction with Customer created policies and procedures that guide user access and appropriate use of the system. 19. Customer agrees that information and services provided through Vigilant products do not provide any actionable information, Customer users are responsible for the validity and accuracy of their data and developing procedures to verify information with the record owner and other systems (NCIC) based upon the potential lead generated. Quote for: Eden Prairie Police Department Attn: Jordan Koras Reference: L5Q EDEN PD Quote By: David Callister Date: 09-13-21 Vigilant Solutions is about protecting officers, families and communities. Vigilant is about saving lives – creating innovative and essential intelligence solutions for law enforcement that enhance policing efforts. Intelligence can solve crimes, prevent crimes before they occur, and improve safety for officers and the public that they serve and protect. Vigilant’s solutions are designed to collect, organize and share data to credentialed law enforcement personnel, making intelligence actionable and readily accessible. WHAT WE DO: OUR PRODUCTS: ● License Plate Recognition (LPR) Data and Analytics ● Fixed and Mobile LPR Cameras ● Body Worn Cameras ● Facial Recognition ● Campus Safety Solutions ● Parking Enforcement Solutions ● Corporate Security Solutions Page 1 of 3 Vigilant Solutions, LLC 1152 Stealth Street Livermore, California 94551 (P) 925-398-2079 (F) 925-398-2113 Issued To: Eden Prairie Police Department - Attention: Jordan Koras Date: 09-13-21 Project Name: L5Q EDEN PD Quote ID: DRC-0029-02 PROJECT QUOTATION We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project: Quote is for 10 L5Q cameras with 2 free cameras added Installation NOT Included Tax not included Qty Item # Description (12) VSFS-L5Q-S L5Q Quick Deploy LPR Camera System Annual Subscription ● Small form-factor camera with solar-panel and integrated battery ● Pole mount bracket ● SD Card for local storage/buffering ● SIM card with cellular service ● Optional 12V power cord, sold separately ● 12-month limited hardware warranty ● LEARN or Client Portal account for hosted data storage, alerting and analytics ● System may be user installed o Professional installation services sold separately ● 5-year Enterprise Service Agreement required Subtotal Price (Excluding sales tax) $18,672.00 Qty Item # Description (12) VS-SHP-05 Vigilant Shipping Charges - Fixed Subscription ● Applies to each Fixed Subscription Kit ● Shipping Method is FOB Shipping Point Subtotal Price (Excluding sales tax) $840.00 Quote Notes: 1. All prices are quoted in USD and will remain firm and in effect for 60 days. 2. Returns or exchanges will incur a 15% restocking fee. 3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee. 4. No permits, start-up, installation, and or service included in this proposal unless explicitly stated above. 5. All hardware components to have standard One (1) year hardware warranty. Page 2 of 3 6. This Quote does not include anything outside the above stated bill of materials. 7. With a tax exempt form no taxes will be charged Quoted by: David Callister - MOTOROLA - 520-490-4488 - dave.callister@motorolasolutions.com Total Price $19,512.00 (Excluding sales tax) Page 3 of 3 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT / DIVISION: Matt Sackett Police Department ITEM DESCRIPTION: Approval of Change of Third Premise on Permit for Lawful Gambling to be conducted by Eden Prairie Hockey Association ITEM NO.: VIII.M. Requested Action Move to: Approve Resolution Approving Change of Third Premise on Permit for Lawful Gambling to be conducted by Eden Prairie Hockey Association. Synopsis The Eden Prairie Hockey Association (EPHA) was approved for three premises permits for lawful gambling by the city on March 15, 2021. The EPHA recently approached the City regarding its desire to relocate one of its premise permits (Bowlero) to a new location at Old Chicago Restaurant in Eden Prairie. In February 2021, the City amended City Code § 5.40 relating to lawful gambling to allow EPHA and other eligible organizations to conduct lawful gambling in the City without owning the premises. The Code limits lawful gambling to 6 premises in the City; EPHA currently has three of those premises, and this change in location would not alter the number of premises they possess Under state law, EPHA must obtain both an organizational license and a premises permit for each site from the statewide Gambling Control Board. A premises permit requires the approval of the local government in which the proposed site is located. EPHA has begun the process of applying for the necessary license and permits from the state, and has requested that the City approve the change of venue for one of their existing permits. This would close the location at Bowlero and they would open a location at Old Chicago. This move is contingent on approval by the state, as well as the cessation of the Bowlero premises permit operations. City approval is necessary before EPHA’s applications can be submitted to the Gambling Control Board. EPHA must still complete the full application process and obtain approval from the Gambling Control Board before any lawful gambling may occur at this new site. EPHA has met the requirements of City Code § 5.40 and staff recommends approval of issuance of the premises permits for Old Chicago, contingent on approval from the state and the cessation of the Bowlero premises permit operations. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION APPROVING CHANGE OF THIRD PREMISE ON PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY THE EDEN PRAIRIE HOCKEY ASSOCIATION WHEREAS, Eden Prairie Hockey Association is submitting applications to the Minnesota Gambling Control Board for Change of Third Premise on Permit to conduct lawful gambling at the following locations within the city limits of the City of Eden Prairie, Minnesota: Old Chicago 12300 Singletree Ln, Suite 100 Eden Prairie, MN 55344 (the “Premise”); and WHEREAS, Eden Prairie Hockey Association will be responsible for operating and managing the lawful gambling activity on each Premises and must comply with all applicable requirements of state law and Eden Prairie City Code § 5.40. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that, pursuant to Minnesota Statutes Section 349.213, subd. 2(1) and Eden Prairie City Code § 5.40, the City Council does hereby approve the issuance of Premises Permit to Eden Prairie Hockey Association to conduct lawful gambling at the one Premise described above and directs the City Clerk to certify a copy of this resolution for Eden Prairie Hockey Association for inclusion with the state applications. Said approval is expressly conditioned upon the Eden Prairie Hockey Association contacting the Minnesota Gambling Control Board, and notifying the Minnesota Gambling Control Board that the Eden Prairie Hockey Association has terminated and ceased all gambling activities at Bowlero Eden Prairie, 12200 Singletree lane, Eden Prairie, MN before commencing gambling activities at the Premises. ADOPTED by the Eden Prairie City Council this 16th day of November, 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: November 16, 2021 DEPARTMENT/DIVISION: Patrick Sejkora Public Works/Engineering ITEM DESCRIPTION: I.C. #20825 Award Contract for 11579 Welters Way Erosion Repair to Sunram Construction Inc. ITEM NO. VIII.N. Requested Action Move to: Award contract for 11579 Welters Way Erosion Repair in the amount of $45,840.00 to Sunram Construction Inc. Synopsis Quotes were received by Monday, November 8, 2021, for the 11579 Welters Way Erosion Repair project. Two quotes were received. The results were as follows: Contractor Quote Sunram Construction, Inc. $45,840.00 Minger Construction Companies, Inc. $72,426.25 The engineer’s estimates were $63,583 with a 15-percent contingency. Background Information 11579 Welters Way abuts a City-owned outlot for Purgatory Creek. The Creek makes a sharp turn within the outlot near the property. In 2020, a large tree along the creek fell, which resulted in erosion along the streambank of the creek. This erosion has extended onto private property and could continue to worsen if efforts to stabilize the streambank are not pursued. This contract will provide for repairing this erosion and stabilizing the streambank against further erosion. This project is anticipated to be phased over the winter to minimize impacts to the riparian corridor. Staff recommends awarding the contract to Sunram Construction Inc. Attachment Contract CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: November 16, 2021 DEPARTMENT/DIVISION: Tammy Wilson, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 286355 - 286860 Wire Transfers 1029171 - 1029339 Wire Transfers 8508 - 8540 Purchasing Card 8518 City of Eden Prairie Council Check Summary 11/8/2021 Division Amount Division Amount 100 City Manager 276,488 308 E-911 40,840 101 Legislative 30 309 DWI Forfeiture 21 102 Legal Counsel 50,099 315 Economic Development 158,071 110 City Clerk 416 502 Park Development 4,163 111 Customer Service 4,883 509 CIP Fund 6,185 113 Communications 11,311 512 CIP Trails 7,226 114 Benefits & Training 1,038 522 Improvement Projects 2006 31,608 131 Finance 717 526 Transportation Fund 83,846 132 Housing and Community Services 14,630 539 2020 Improvement Projects 813 133 Planning 250 540 Duck Lake Rd. Reconstruction 68,302 136 Public Safety Communications 5,942 804 100 Year History 63 150 Park Administration 4,350 Total Capital Projects Fund 401,138 151 Park Maintenance 30,376 154 Community Center 19,310 601 Prairie Village Liquor 125,921 156 Youth Programs 15,760 602 Den Road Liquor 227,272 157 Special Events 2,049 603 Prairie View Liquor 141,196 158 Senior Center 3,553 605 Den Road Building 3,700 159 Recreation Administration 145 701 Water Enterprise Fund 289,524 162 Arts 3,548 702 Wastewater Enterprise Fund 52,211 163 Outdoor Center 2,877 703 Stormwater Enterprise Fund 60,025 168 Arts Center 549 Total Enterprise Fund 899,848 180 Police Sworn 14,990 184 Fire 33,507 802 494 Commuter Services 22,913 186 Inspections 4,588 807 Benefits Fund 883,877 200 Engineering 4,310 809 Investment Fund 4,056 201 Street Maintenance 17,881 811 Property Insurance 1,566 202 Street Lighting 71,468 812 Fleet Internal Service 84,513 Total General Fund 595,064 813 IT Internal Service 62,381 814 Facilities Capital ISF 51,853 301 CDBG 69,607 815 Facilites Operating ISF 69,706 303 Cemetary Operation 683 816 Facilites City Center ISF 71,200 312 Recycle Rebate 294 817 Facilites Comm. Center ISF 113,059 Total Special Revenue Fund 70,584 Total Internal Svc/Agency Funds 1,365,123 Report Total 3,331,756 City of Eden Prairie Council Check Register by GL 11/12/2021 Check #Amount Supplier / Explanation Account Description Business Unit Comments 8532 305,763 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Premiums Nov 2021 8521 270,688 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 10.22.21 286673 238,750 PIHL PAUL Deposits General Fund Escrow for land alteration permit 19-30 8519 187,179 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 10.08.21 286518 143,225 WINDSOR PLAZA LLC TIF Payment TIF-Town Center-Windsor Plaza Reissue-1st half TIF Payment 1029225 118,163 XCEL ENERGY Electric Forest Hills Park Multi location electric 1029285 83,846 XCEL ENERGY Improvement Contracts Transportation Fund 286814 68,302 KRAEMER NORTH AMERICA LLC Improvement Contracts Duck Lake Rd. Reconstruction 1029337 67,128 XCEL ENERGY Electric Traffic Signals 1029263 53,431 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Economic Development Fund 286485 48,960 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 286682 48,429 SEBCO INC Other Contracted Services Pool Maintenance 286664 40,562 MOTOROLA SOLUTIONS INC Equipment Repair & Maint E-911 Program 1029265 39,263 LOGIS LOGIS IT Operating28650539,118 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1029329 36,030 POMP'S TIRE SERVICE INC Tires Fleet Operating 1029323 35,471 HANSEN THORP PELLINEN OLSON Design & Engineering Improvement Projects 2006 8523 33,544 EMPOWER Deferred Compensation Health and Benefits 1029315 30,173 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Wastewater Capital 1029260 27,935 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 286769 26,602 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost) 286857 26,500 PROP Other Contracted Services Rehab 286471 23,927 INTERNATIONAL SCHOOL OF MINNESOTA Deposits General Fund 286685 22,176 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 8522 21,716 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 286642 21,259 GARLAND DBS INC Other Contracted Services Facilities Capital 286841 21,091 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital 286567 20,049 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 286574 19,017 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1029203 19,004 CENTERPOINT ENERGY Gas General Community Center 1029268 18,239 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM 286381 17,527 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 286686 16,773 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital 286500 16,026 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 1029330 15,528 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service 286736 15,257 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 286823 15,204 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 286463 15,037 GRAYMONT Treatment Chemicals Water Treatment 286644 15,008 GRAYMONT Treatment Chemicals Water Treatment 286478 15,000 LANDMARK REMODELING LLC Other Contracted Services Rehab 8535 14,795 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 286465 14,676 GRI EDEN PRAIRIE, LLC Waste Disposal Prairie Village Liquor Store 8514 14,017 FURTHER - AKA SELECT HSA - Employer Health and Benefits 286390 13,044 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 8533 12,994 FURTHER - AKA SELECT HSA - Employee Health and Benefits 8524 12,421 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 8540 11,441 CHASE Bank and Service Charges Wastewater Accounting 286759 11,125 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 286413 10,745 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286805 9,834 GRAYMONT Treatment Chemicals Water Treatment 286540 9,784 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 286728 9,663 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 286466 9,578 GYM WORKS Equipment Repair & Maint Fitness Center 286745 9,478 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1029314 9,159 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 286676 8,946 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Building 51 1029205 8,889 ESS BROTHERS & SONS INC Repair & Maint. Supplies Stormwater Collection 286483 8,805 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire 1029319 8,795 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering 286375 8,669 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1029219 8,650 SRF CONSULTING GROUP INC Design & Engineering 2020 Improvement Projects 1029333 8,600 STREICHERS Clothing & Uniforms Fire 286729 8,558 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1029259 8,483 CENTERPOINT ENERGY Gas Water Storage 286834 8,400 PROP Other Contracted Services CDBG - Public Service 1029336 8,366 WM MUELLER AND SONS INC Gravel Street Maintenance 286366 8,322 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store2867158,252 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 286521 8,205 XIGENT SOLUTIONS LLC Software Maintenance IT Operating 286628 8,003 DG CENTRAL 1 LLC Electric Facilities Operating ISF 286559 7,988 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 286609 7,896 AVOLVE SOFTWARE Software IT Capital 286630 7,264 DOSSIER SYSTEMS, INC Software Maintenance IT Operating 286467 7,241 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 286557 7,235 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 286589 7,226 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 286668 7,220 NOKOMIS SHOE SHOP Clothing & Uniforms Facilities Staff 286753 7,146 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 286547 6,892 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 286558 6,691 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 286677 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 286382 6,445 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 286421 6,297 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 8538 6,171 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 286400 6,131 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 286405 6,034 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 8539 6,015 CARD CONNECT Bank and Service Charges Community Center Admin 286468 5,984 HINTERLAND CSG LLC Electric Facilities Operating ISF 286735 5,772 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 286855 5,707 CRAFTSMANS CHOICE INC Other Contracted Services Rehab 1029220 5,689 STREICHERS Clothing & Uniforms Volunteers 286730 5,678 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 286395 5,414 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1029335 5,220 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #3 286597 5,102 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1029284 5,078 WM MUELLER AND SONS INC Patching Asphalt Wasterwater Collection 286519 5,054 WINSUPPLY EDEN PRAIRIE MN CO Building Materials Economic Development Fund 1029264 5,030 HAWKINS INC Treatment Chemicals Water Treatment 286509 4,991 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 286764 4,957 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 286707 4,840 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 286389 4,739 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286696 4,718 VIDEOTRONIX INC Equipment Repair & Maint Public Safety Communications 8537 4,715 FURTHER - AKA SELECT HRA Health and Benefits 286615 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 286636 4,555 FERSTER, GEOFFREY Other Contracted Services Rehab 286742 4,453 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1029324 4,312 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 286625 4,222 CORE & MAIN Repair & Maint. Supplies Wasterwater Collection 286581 4,203 BREAKTHRU BEVERAGE MN BEER LLC Inventory Adjustment Costs Prairie View Liquor Store 1029256 4,163 WSB & ASSOCIATES INC Other Contracted Services Park Acquisition & Development 286583 4,133 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 8527 4,056 PFM ASSET MANAGEMENT LLC Interest Investment Fund 1029270 4,000 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #3 286666 3,988 NEW LOOK CONTRACTING INC Outside Water Sales Water Enterprise Fund 286453 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 286531 3,971 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 286566 3,926 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 286490 3,910 MOBILE PRO SYSTEMS Equipment Parts Fleet Operating 1029282 3,909 W W GOETSCH ASSOCIATES INC Repair & Maint. Supplies Water Treatment10292723,908 RESTORATION SYSTEMS INC Outside Water Sales Water Enterprise Fund 286656 3,900 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 286758 3,871 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1029317 3,863 BOYER TRUCKS Equipment Parts Fleet Operating 1029208 3,849 GRAINGER Small Tools General Community Center 286470 3,816 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 286770 3,800 ACROSS THE STREET PRODUCTIONS Training Fire 286640 3,776 FRATTALONE CO Outside Water Sales Water Enterprise Fund 286633 3,750 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 286383 3,731 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 286359 3,689 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 286797 3,648 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering 286808 3,610 HENNEPIN COUNTY MEDICAL CENTER Training Fire 1029224 3,594 WM MUELLER AND SONS INC Gravel Stormwater Collection 286634 3,593 EHLERS & ASSOCIATES INC Deposits Economic Development Fund 286722 3,550 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 286690 3,505 THREE RIVERS PARK DISTRICT Instructor Service Lesson Skills Development 286837 3,429 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events 286810 3,425 INFRARED CONSULTING SERVICES INC Contract Svcs - Electrical City Center - CAM 286603 3,384 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 286654 3,381 LAKE COUNTRY DOOR LLC Supplies - General Bldg Maintenance Facility 286825 3,380 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 286695 3,290 VERTIV SERVICES INC Hardware - R&M IT Operating 286571 3,279 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 286484 3,270 MEDICINE LAKE TOURS Special Event Fees Trips 286582 3,267 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 286530 3,242 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 286516 3,238 VALLEY RICH CO INC Outside Water Sales Water Enterprise Fund 1029207 3,211 GENUINE PARTS COMPANY Small Tools Ice Arena Maintenance 286522 3,141 ZHAO XING Reimburse-legal notices General Fund 286608 3,105 AT YOUTH PROGRAMS LLC Instructor Service Tennis 286412 3,097 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 286394 3,069 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 8528 3,019 INVOICE CLOUD INC Bank and Service Charges Historical Culture 286752 3,019 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286407 3,002 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 286801 3,000 FORECAST PUBLIC ART Miscellaneous Parks Administration 1029276 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 286851 2,956 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 8508 2,943 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 286508 2,926 SMSC ENTERPRISES Landscape Materials/Supp Park Maintenance 286402 2,882 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 286372 2,808 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 286418 2,789 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 286502 2,763 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Fire Station #1 286406 2,753 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 286460 2,703 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 286498 2,680 PEMBER COMPANIES, INC.Improvement Contracts Improvement Projects 2006 286672 2,680 PEMBER COMPANIES, INC.Improvement Contracts Improvement Projects 2006 286819 2,676 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 286706 2,673 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 286493 2,669 NORTHSTAR MUDJACKING & MORE LLC Seal Coating Park Maintenance 286754 2,653 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store10291922,653 GUNNAR ELECTRIC CO INC Other Contracted Services Franlo Park 1029332 2,649 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Communications 286725 2,591 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 8517 2,583 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 286714 2,565 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 286812 2,559 JOHNSON CONTROLS Building Repair & Maint.Utility Operations - General 1029214 2,535 METROPOLITAN MECHANICAL CONTRACTORS Other Contracted Services Prairie Village Liquor Store 286371 2,525 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 286588 2,512 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1029278 2,480 STREICHERS Training Supplies Police Sworn 286860 2,479 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet - Fire 286594 2,462 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 286368 2,454 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 286779 2,447 CENTURYLINK Telephone City Center - CAM 286762 2,438 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 286691 2,400 THUNDER BEAR PAINTING LLC Design & Engineering Economic Development Fund 286833 2,395 PROP Other Contracted Services CDBG - Public Service 1029185 2,374 AMERICAN ENGINEERING TESTING INC Other Contracted Services CIP Trails 1029223 2,340 WALL TRENDS INC Contract Svcs - General Bldg Park Shelters 286749 2,305 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 286365 2,290 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 8513 2,285 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1029327 2,238 METRO SALES INCORPORATED*Other Rentals Customer Service 286517 2,195 WAYNES HOME SERVICES Window Washing Historical Buildings 286828 2,194 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 286386 2,155 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 286423 2,097 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 286433 2,040 AVR INC Equipment Repair & Maint Stormwater Collection 286815 2,000 KRUEGER KYLE Rebates Stormwater Non-Capital 286417 1,985 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 286494 1,950 OLSEN'S EMBROIDERY/COMPANY Operating Supplies Internal Events 286482 1,943 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 286811 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 286708 1,920 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1029180 1,854 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286832 1,824 PERA Wages and Benefits 494 Corridor Commission 286487 1,740 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire 286545 1,718 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 286611 1,710 BCA - MNJIS Software Maintenance IT Operating 286577 1,703 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1029206 1,629 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 286469 1,625 HOMELINE Other Contracted Services Housing and Community Service 286532 1,620 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 286539 1,605 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 286683 1,566 SERVICEMASTER OF MINNEAPOLIS Insurance Property Insurance 286604 1,565 AIRGAS USA LLC Supplies - Pool Pool Maintenance 1029316 1,500 ALLDATA Dues & Subscriptions Fleet Operating 286704 1,495 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 286821 1,490 MACDONALD & MACK ARCHITECTS LTD Capital Under $25,000 FF&E - Furn, Fixtures & Equip. 286496 1,485 PACE ANALYTICAL SERVICES INC.Other Contracted Services Park Maintenance 286425 1,435 ADS ON BOARDS Contract Svcs - Ice Rink Ice Arena Maintenance 1029191 1,430 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General 8531 1,420 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits85341,404 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 286720 1,403 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1029198 1,380 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance 286658 1,377 MIDWEST PLAYSCAPES Repair & Maint. Supplies Park Maintenance 286526 1,374 YORKTOWN OFFICES Rent 494 Corridor Commission 286657 1,350 MICHAEL WALSH COMMUNICATIONS Other Contracted Services Parks Administration 1029248 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 1029213 1,329 MENARDS Repair & Maint. Supplies Dunn Brothers 286651 1,326 INTERTECH INC Contract Development IT Operating 286436 1,300 BRAVE THE SNOW Operating Supplies Outdoor Center 1029318 1,292 CENTERPOINT ENERGY Gas Senior Center 286492 1,290 NATIVE RESOURCE PRESERVATION Maintenance Contracts Stormwater Non-Capital 286804 1,280 GOODPOINT TECHNOLOGY INC Other Contracted Services Park Maintenance 286377 1,278 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 286501 1,275 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 286472 1,267 ISG Other Contracted Services Capital Maint. & Reinvestment 286415 1,254 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 286409 1,234 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 286456 1,223 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Elevate Apts 286689 1,200 THE ADVENT GROUP Temp 494 Corridor Commission 286660 1,177 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 286446 1,166 COMMERCIAL ASPHALT CO Asphalt Overlay Wasterwater Collection 286593 1,166 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 286360 1,165 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1029241 1,162 CUSTOM HOSE TECH Equipment Parts Fleet Operating 286799 1,154 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 286733 1,153 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 286641 1,145 FUN JUMPS ENTERTAINMENT Other Contracted Services Fall Harvest 8516 1,141 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 286669 1,136 O&L DOOR SYSTEMS Other Contracted Services Prairie View Liquor Store 286665 1,125 MVP CRICKET LLC Instructor Service Lesson Skills Development 286361 1,114 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1029293 1,106 VINOCOPIA Liquor Product Received Den Road Liquor Store 286384 1,096 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 286844 1,086 STEVE LUCAS PHOTOGRAPHY Other Contracted Services Communications Check #Amount Supplier / Explanation Account Description Business Unit Comments 286554 1,081 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 286379 1,062 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1029262 1,034 GRAINGER Repair & Maint. Supplies Facilities Staff 1029283 989 WATSON CO INC, THE Clothing & Uniforms Prairie View Liquor Store 286845 983 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 286564 981 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 286788 962 CREATIVE ALLEY LLC Other Contracted Services Stormwater Non-Capital 286499 960 PITNEY BOWES Postage Customer Service 286854 957 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 286852 953 WATER HEATERS ONLY LLC Supplies - HVAC Riley House 286551 951 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 286544 930 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 286786 925 CORE & MAIN Repair & Maint. Supplies Water Metering 286747 922 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 286800 921 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 286510 900 SOSALLA LAURA Other Contracted Services Police Sworn 286692 900 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services Fall Harvest 286562 888 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store286646880HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 1029253 869 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance 286820 854 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 286477 843 KRAEMER MINING & MATERIALS INC Other Contracted Services Capital Maint. & Reinvestment 286836 839 RED WING BUSINESS ADVANTAGE ACCOUNT Clothing & Uniforms Facilities Staff 286637 839 FIRE SAFETY USA INC Equipment Repair & Maint Fire 286740 828 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 286392 827 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 286694 824 USA INFLATABLES Operating Supplies Halloween Party 286850 824 USA INFLATABLES Other Contracted Services Halloween Party 286734 805 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 286454 804 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 286650 801 INNOVATIVE GRAPHICS Operating Supplies Police Sworn 286772 801 AIRGAS USA LLC Supplies - Pool Pool Maintenance 286846 800 THE ADVENT GROUP Cash 494 Corridor Commission 286780 790 CENTURYLINK Telephone IT Operating 286652 756 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 286774 750 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events 286570 746 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 286777 733 BOUND TREE MEDICAL LLC EMS Supplies Fire 1029291 724 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1029221 723 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 286458 719 EULL'S MANUFACTURING CO INC Other Contracted Services Capital Maint. & Reinvestment 1029328 718 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 286817 709 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1029244 701 GENERAL PARTS LLC Supplies - Electrical Garden Room Repairs 286798 693 EVOCHARGE INC Supplies - Electrical Police (City Cost) 286719 685 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 286721 681 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 286744 681 SMALL LOT MN Liquor Product Received Den Road Liquor Store 286763 681 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 286756 678 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 286724 674 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1029232 672 VINOCOPIA Liquor Product Received Den Road Liquor Store 286541 669 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1029178 668 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 286645 666 GYM WORKS Equipment Repair & Maint Fitness Center 8526 659 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 286561 655 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 286451 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 286647 650 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn 1029187 649 CUSTOM HOSE TECH Equipment Repair & Maint Fleet Operating 1029200 646 VANDENBERGHE, MARK Travel Expense Fire 286768 630 1ST SOURCE BUSINESS SUPPLIES Supplies - General Bldg Police (City Cost) 286549 630 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 286579 629 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 8520 626 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 1029210 620 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 286523 618 ZOLL MEDICAL CORPORATION EMS Supplies Fire 286610 614 BACAL, AGNIESZKA Conference/Training Outdoor Center 1029177 612 VINOCOPIA Liquor Product Received Den Road Liquor Store 8530 606 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 286432 602 ASSURED SECURITY Contract Svcs - General Bldg City Center - CAM286459600F I R E Training Fire 286698 595 WAYNES HOME SERVICES Janitor Service Historical Buildings 286687 594 STAPLES ADVANTAGE Office Supplies Customer Service 286475 589 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Outdoor Center 1029300 587 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 286796 585 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police 286550 581 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 286528 580 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1029308 578 FASTENAL COMPANY Operating Supplies Fleet Operating 286618 575 CENTURYLINK Telephone Homeward Hills Park 286503 566 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 1029325 566 MENARDS Equipment Parts Arts Center 1029287 560 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 286732 557 DOMACE VINO Liquor Product Received Den Road Liquor Store 286675 556 PRAIRIE VIEW FRAMING INC Other Contracted Services Communications 1029247 556 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM 1029326 549 METRO ELEVATOR INC Maintenance Contracts Water Treatment 286711 549 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1029303 548 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 286449 547 CRYSTAL, CITY OF Miscellaneous Police Sworn 1029254 543 THE OASIS GROUP Employee Assistance Organizational Services 286369 537 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286393 537 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 286416 537 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286506 536 SAFETY SIGNS Repair & Maint. Supplies Stormwater Collection 286766 533 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1029233 531 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 286795 520 EDINA, CITY OF Other Contracted Services Communications 286497 510 PAPER ROLL PRODUCTS Printers -Accessories IT Operating 1029195 507 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 286807 500 HAYEN, LINDA Other Contracted Services Theatre Initiative 286388 498 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 286632 495 EDEN PRAIRIE COMMUNITY CENTER Employee Award Organizational Services 286408 490 DOMACE VINO Liquor Product Received Prairie View Liquor Store 286776 489 ASPEN MILLS Clothing & Uniforms Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 1029235 488 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 286535 488 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 286748 486 WINEBOW Liquor Product Received Den Road Liquor Store 286741 483 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 286373 483 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 286397 483 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 286419 483 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 286585 483 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 286515 480 TURNER PSYCHOTHERAPY Other Contracted Services Police Sworn 286495 478 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1029266 477 MENARDS Operating Supplies Dunn Brothers 286847 465 TOWN HOMES OF NORTH BAY ASSOCIATION Rebates Stormwater Non-Capital 286552 463 WINEBOW Liquor Product Received Prairie Village Liquor Store 286787 460 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 286536 459 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 286448 453 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 286617 449 CENTRAL WISCONSIN SOD AND LANDSCAPING Landscape Materials/Supp Round Lake 286464 448 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions286426448AIRGAS USA LLC EMS Supplies-Oxygen Supplies Fire 286738 437 MEGA BEER Liquor Product Received Den Road Liquor Store 286737 435 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1029288 428 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1029230 422 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1029251 422 PROSOURCE SUPPLY Supplies - General Bldg General Community Center 286358 421 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1029176 420 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 286447 415 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 286627 413 DETECTACHEM INC Operating Supplies Police Sworn 1029257 408 ZEP SALES AND SERVICE Operating Supplies Fleet Operating 286624 404 COOK BRIAN AR Utility Water Enterprise Fund 286802 400 GILES OUTDOOR SERVICES LLC Other Contracted Services Capital Maint. & Reinvestment 286667 399 NIHCA Other Contracted Services Community Center Admin 286455 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 1029218 388 SPS COMPANIES Building Repair & Maint.Utility Operations - General 286584 387 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1029252 385 QUALITY PROPANE Motor Fuels Fleet Operating 286743 385 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 286822 385 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fleet Operating 286437 384 BRYAN ROCK PRODUCTS INC Gravel Street Maintenance 1029202 383 BOYER TRUCKS Equipment Parts Fleet Operating 286363 381 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 286616 378 CBIZ INVESTMENT ADVISORY SERVICES LLC Other Contracted Services Health and Benefits 286842 377 STAPLES ADVANTAGE Office Supplies Customer Service 286684 375 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 1029212 375 LOGIS Network Support IT Operating 1029245 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1029279 368 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 286555 364 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 286750 362 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 286649 361 HOME DEPOT CREDIT SERVICES Supplies - General Bldg City Hall (City Cost) 286767 360 WINEBOW Liquor Product Received Prairie View Liquor Store 1029273 357 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 286399 354 SMALL LOT MN Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286439 346 CENTURYLINK Internet Staring Lake 1029239 342 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 1029222 342 VISTAR CORPORATION Merchandise for Resale Concessions 1029211 340 IDEAL SERVICE INC Repair & Maint. Supplies Water Treatment 286680 335 SCHMIT RON Operating Supplies Outdoor Center 1029320 332 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1029269 330 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 286717 330 MEGA BEER Liquor Product Received Prairie Village Liquor Store 286480 328 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 286858 326 MID-AMERICA FESTIVALS Deposits General Fund 1029334 324 VISTAR CORPORATION Merchandise for Resale Concessions 1029321 322 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 286512 320 STAPLES ADVANTAGE Office Supplies Recycle Rebate 8509 317 OPTUM HEALTH Other Contracted Services Health and Benefits 286785 310 COMPAS Instructor Service Outreach 1029289 310 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 286580 308 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 286621 300 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn286631300DRAG N FLY WIRELESS INC Software Maintenance IT Operating 286403 298 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 286791 297 EARL F ANDERSEN INC Signs Traffic Signs 286663 295 MN AWARDS & PROMOTIONS Operating Supplies Sustainable Eden Prairie 1029183 293 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 286533 290 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 286595 290 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286726 290 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 286411 289 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 286511 288 ST CROIX LINEN LLC Operating Supplies-Linens Fire 286840 288 ST CROIX LINEN LLC Operating Supplies-Linens Fire 286504 285 RAINBOW TREECARE Other Contracted Services Tree Disease 1029237 281 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1029238 280 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1029294 279 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 286760 278 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286457 277 EPAM ROTARY FOUNDATION Dues & Subscriptions Administration 286543 276 ORIGIN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 286569 276 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 286592 276 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 286835 274 PROP - PR Charitable Contributions Health and Benefits 286529 273 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 8512 271 VANCO SERVICES Bank and Service Charges Wastewater Accounting 8515 271 US BANK - PAYMODE Bank and Service Charges Finance 1029179 268 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1029280 268 UPS Postage Planning 286681 266 SCHRAM SCOTT Mileage & Parking Utility Operations - General 1029209 260 H M CRAGG CO Contract Svcs - Electrical Fire Station #3 1029312 259 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 286435 258 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 286364 255 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 286778 254 BRY-AIR INC Building Repair & Maint.Utility Operations - General 286848 250 TWIN CITY GATE Other Contracted Services Fleet Operating 1029216 250 PRAIRIE ELECTRIC COMPANY Building Repair & Maint.Utility Operations - General 286461 249 FRAKES GINA AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 286600 249 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1029217 246 PREMIUM WATERS INC Operating Supplies - Water Fire 286731 245 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 286709 243 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 286476 240 KOLIAN ANN P&R Refunds Community Center Admin 286380 236 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 286693 235 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 1029322 229 GRAINGER Repair & Maint. Supplies General Community Center 286572 228 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 286761 225 MEGA BEER Liquor Product Received Prairie View Liquor Store 1029182 224 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1029229 223 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 286367 223 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286391 223 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 286429 221 AMERICAN WATER WORKS ASSOCIATION Dues & Subscriptions Engineering 286356 220 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 286746 219 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 286398 216 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store286626213DAYROBB BATTERIES PLUS Supplies - Fire/Life/Safety Pool Maintenance 1029302 212 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 286713 211 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 286623 210 COMPAS Instructor Service Outreach 286784 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 286699 207 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 286479 207 LANO EQUIPMENT INC Equipment Parts Fleet Operating 286538 206 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1029331 203 SPRINT Cell Phones 494 Corridor Commission 286826 200 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 1029197 197 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 286710 197 DRUMCONRATH BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1029295 196 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1029184 189 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 286813 185 JOHNSTONE SUPPLY Supplies - HVAC Fire Station #1 286716 185 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286679 180 ROCK HARD LANDSCAPE Landscape Materials/Supp Street Maintenance 286773 180 ALSDURF LORI Other Contracted Services Theatre Initiative 286816 180 LALONDE KATHRYN Other Contracted Services Theatre Initiative 286830 180 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Facilities Staff 286635 180 EPIC EVENT RENTAL Supplies - General Bldg City Hall (City Cost) 1029297 177 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1029305 176 CONCRETE CUTTING AND CORING Clothing & Uniforms Street Maintenance 1029277 173 STERICYCLE INC Other Contracted Services Police Sworn 1029173 173 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 286576 171 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store 286599 171 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 286831 170 PASSARO, JESSICA Other Contracted Services Theatre Initiative 286771 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 286702 168 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Wastewater Lift Station 286596 165 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 286856 164 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 1029306 164 CUSTOM HOSE TECH Equipment Parts Fleet Operating 286587 163 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 286718 162 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286638 161 FLYNN, KERRY Instructor Service Outdoor Center 286648 160 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 286674 159 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 1029299 157 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1029226 156 DEAN BRYAN Travel Expense Police Sworn 1029227 156 STARKE, TINO Travel Expense Police Sworn 286789 156 DELI DOUBLE Special Event Fees Senior Center Programs 286357 155 FREIBERG MARK Deposits General Fund 1029186 155 CASE, RON Deposits General Fund 1029196 155 NARAYANAN PG Deposits General Fund 286548 154 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1029193 153 MADISON, MELISSA Conference/Prof. Dev.494 Corridor Commission 286560 153 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 1029240 153 BOLD, PAULINE Operating Supplies Outdoor Center 286790 152 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 286619 150 CHARTER COMMUNICATIONS Other Contracted Services Police Sworn 1029281 150 USA SECURITY Maintenance Contracts Water Treatment 1029338 150 HYNEK, EVAN Clothing & Uniforms Police Sworn286591147MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 286757 146 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1029271 145 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Police (City Cost) 286806 145 GS DIRECT Office Supplies Recreation Admin 286553 144 56 BREWING LLC Liquor Product Received Den Road Liquor Store 286739 144 MOOSE LAKE BREWING CO Liquor Product Received Den Road Liquor Store 1029246 141 HACH COMPANY Laboratory Chemicals Water Treatment 286527 140 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 286703 140 ARAMARK Janitor Service Prairie View Liquor Store 1029309 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 286387 138 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 286370 138 OMNI BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286575 138 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 286444 138 COMCAST Cable TV Fire 1029189 137 GENERAL PARTS LLC Supplies - HVAC Garden Room Repairs 1029261 136 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 286401 135 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 286362 135 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 286534 135 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 286396 134 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1029274 133 SHERWIN WILLIAMS CO Supplies - General Bldg Cummins Grill House 1029243 131 FASTENAL COMPANY Operating Supplies Fleet Operating 286829 130 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 1029215 130 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 286410 130 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 286781 130 COMCAST Phone/Data/Web 494 Corridor Commission 1029311 127 PROSOURCE SUPPLY Repair & Maint - Ice Rink Ice Arena Maintenance 286705 126 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 286546 125 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1029175 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 286514 116 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 286613 115 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 286839 114 SHRED RIGHT Waste Disposal Fire Station #1 1029190 113 GOLDENSTEIN, JAMES Conference/Training IT Operating 286434 112 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council Check #Amount Supplier / Explanation Account Description Business Unit Comments 286385 111 DOMACE VINO Liquor Product Received Den Road Liquor Store 286755 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1029298 110 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1029304 108 CARLSTON, BRANDON Canine Supplies Police Sworn 1029234 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1029188 103 FASTENAL COMPANY Operating Supplies Traffic Signs 286422 102 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 286565 100 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 286602 100 ACME JAZZ COMPANY Other Contracted Services Special Initiatives 286612 100 BEND IN THE RIVER BIG BAND Other Contracted Services Special Initiatives 286643 100 GOOD NEWS BIG BAND Other Contracted Services Special Initiatives 286678 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Special Initiatives 286712 100 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 286859 100 TRICI VENOLA WORKS Other Contracted Services Winter Theatre 286700 100 ALLEMAN MARIA Deposits General Fund 286775 100 ARAMARK Janitor Service Den Road Liquor Store 286430 99 ARAMARK Janitor Service Den Road Liquor Store 286376 99 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store28640498BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1029231 97 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 286542 97 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 286671 95 PASSARO, JESSICA Operating Supplies Theatre Initiative 286473 94 I-STATE TRUCK CENTER Equipment Parts Fleet Operating 286563 94 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 286598 93 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1029310 92 METROPOLITAN FORD Equipment Parts Fleet Operating 286586 92 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1029292 91 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 8525 90 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 286783 90 COMCAST Internet IT Operating 286452 90 DAYROBB BATTERIES PLUS Operating Supplies Fleet Operating 286520 89 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3 286639 89 FOUNDATION BUSINESS SYSTEMS, LLC Dues & Subscriptions Stormwater Non-Capital 8510 88 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 286765 87 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1029290 87 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 286443 86 COMCAST Cable TV Fire 286573 85 SMALL LOT MN Liquor Product Received Den Road Liquor Store 286355 83 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 286428 82 ALTEC INDUSTRIES INC Operating Supplies Park Maintenance 286803 81 GOLDEN VALLEY SUPPLY CO Supplies - General Bldg General Community Center 286659 81 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1029250 80 PAULSON MATHEW Mileage & Parking Utility Operations - General 286462 80 GIBSON LAURA P&R Refunds Community Center Admin 1029249 80 MINNESOTA NATIVE LANDSCAPES Landscape Materials/Supp Park Maintenance 286590 80 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 286620 80 CINTAS Operating Supplies Park Maintenance 286374 77 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 286420 77 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 286809 75 HOWARD CASSONDRA P&R Refunds Community Center Admin 286792 74 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 286491 72 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn 286578 72 56 BREWING LLC Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 286601 72 ABDULLA MADEEHA P&R Refunds Community Center Admin 286568 71 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 286661 70 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 286445 69 COMCAST Cable TV Fire 286670 68 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs 1029296 66 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 286414 65 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 8511 64 MONEY MOVERS INC Other Contracted Services Community Center Admin 1029339 64 OLSON, ROBERT Mileage & Parking Police Sworn 286378 63 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 286606 63 ASPEN MILLS Clothing & Uniforms Police Sworn 286701 61 ARAMARK Janitor Service Prairie Village Liquor Store 286488 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 286824 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 286442 50 COMCAST Internet IT Operating 1029313 50 SOPPELAND, LONNIE Clothing & Uniforms Police Sworn 1029181 49 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 286431 48 ASPEN MILLS Postage Fire102920448ECM PUBLISHERS INC Legal Notices Publishing City Clerk 286853 47 YAPSODY Bank and Service Charges Arts 286782 46 COMCAST Cable TV Fire 286537 46 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 286723 46 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1029172 46 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 286481 45 LAWSON PRODUCTS INC Equipment Parts Fleet Operating 1029286 45 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1029267 44 METRO SALES INCORPORATED*Equipment Rentals IT Operating 286614 43 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 286653 43 KLEIS KIM Operating Supplies Arts Center 1029275 42 SPRINT Cell/Pager Plans IT Operating 1029201 42 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 286556 41 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 286727 41 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 286751 41 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1029236 40 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 286849 38 UNITED WAY Charitable Contributions Health and Benefits 8536 36 PAYA Bank and Service Charges Arts 286489 36 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 286607 35 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 1029228 35 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 286838 34 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 1029174 33 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 286427 33 ALLEMAN MARIA Deposits General Fund 1029301 33 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 286629 32 DIGI-KEY Repair & Maint - Ice Rink Ice Arena Maintenance 286827 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 286450 31 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 286655 30 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions City Council 286697 25 WATER HEATERS ONLY LLC Supplies - HVAC City Center - CAM 1029199 23 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Wasterwater Collection 286688 23 STRANGE TAYLOR AR Utility Water Enterprise Fund 286622 23 COMCAST Other Contracted Services Police Sworn 286843 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture Check #Amount Supplier / Explanation Account Description Business Unit Comments 286440 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission 286818 20 LEAGUE OF MINNESOTA CITIES Conference/Training Administration 1029307 20 EICHMAN NATHAN Clothing & Uniforms Police Sworn 1029194 18 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 8529 17 SQUARE Bank and Service Charges Community Center Admin 1029242 16 FAGNANT, SUSAN Operating Supplies Outdoor Center 1029258 15 CAWLEY COMPANY, THE Clothing & Uniforms Prairie Village Liquor Store 286513 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 286424 12 ACTIVE 911 INC Software Maintenance IT Operating 286438 12 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 286486 10 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Fire Station #4 1029255 8 TUCKER DOUG Repair & Maint. Supplies Concessions 286507 5 SMITH SANDRA P&R Refunds Community Center Admin 286793 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 286794 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 286474 5 JERRY'S ENTERPRISES INC Operating Supplies Fleet Operating 286441 4 COMCAST Other Contracted Services Police Sworn 3,331,756 Grand Total City of Eden Prairie Purchasing Card Payment Report 11/16/2021 Amount Account Description Business Unit 11,269 Other Revenue General Fund 4,784 Other Contracted Services Wine Club/Events 4,430 Other Contracted Services Wine Club/Events 4,300 Software/Hardware Maint.IT Operating 4,300 Software/Hardware Maint.IT Operating 2,529 Capital Under $25,000 Fitness Classes 2,489 Operating Supplies Police Sworn 2,258 Repair & Maint. Supplies Police (City Cost) 1,500 Protective Clothing Fire 1,232 Other Contracted Services Capital Maint. & Reinvestment 1,171 Equipment Parts Fleet Operating 1,000 Tuition Reimbursement/School Police Sworn 998 Canine Supplies Police Sworn 980 Operating Supplies Halloween Party 960 Capital Under $25,000 Fitness Classes 920 Tuition Reimbursement/School Police Sworn 852 Bank and Service Charges Prairie View Liquor Store 800 Licenses, Taxes, Fees Utility Operations - General 699 Health & Fitness Fire 697 Travel Expense Utility Operations - General 697 Operating Supplies Police Sworn 695 Training Fire 695 Tuition Reimbursement/School Police Sworn 695 Tuition Reimbursement/School Police Sworn 681 Travel Expense Fire 680 Conference/Training Utility Operations - General 679 Landscape Materials/Supp Reforestation 660 Software/Hardware Maint.IT Operating 645 Computers IT Operating 620 Operating Supplies Fire 604 Operating Supplies Special Events (CC) 603 Travel Expense Assessing 603 Travel Expense Assessing 600 Travel Expense Utility Operations - General 599 Travel Expense Fire 573 Travel Expense Utility Operations - General 568 Other Contracted Services Prairie View Liquor Store 548 Clothing & Uniforms Pool Lessons 500 Conference/Training Engineering 499 Dues & Subscriptions Fleet Operating 499 Small Tools Fire 496 Operating Supplies Outdoor Center 481 Conference/Training Administration Amount Account Description Business Unit 480 Fire Prevention Supplies Fire 468 Travel Expense Utility Operations - General 463 Repair & Maint. Supplies Maintenance Facility 450 Other Contracted Services Prairie View Liquor Store 450 Advertising Community Center Admin 444 Operating Supplies Sustainable Eden Prairie 427 Employee Award Organizational Services 425 Training Fire 420 Tuition Reimbursement/School Police Sworn 420 Tuition Reimbursement/School Police Sworn 399 Training Supplies Police Sworn 382 Operating Supplies Police Sworn 380 Conference/Training Assessing 379 Tuition Reimbursement/School Police Sworn 379 Tuition Reimbursement/School Police Sworn 379 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 375 Tuition Reimbursement/School Police Sworn 360 Operating Supplies Community Center Admin 346 Capital Under $25,000 Arts Center 340 Training Supplies Fire 337 Operating Supplies Fire 330 Licenses, Taxes, Fees Utility Operations - General 330 Licenses, Taxes, Fees Utility Operations - General 326 Travel Expense Administration 321 Fire Prevention Supplies Fire 312 Operating Supplies Fire 310 Conference/Training Utility Operations - General 302 Operating Supplies Tree Disease 302 Travel Expense Economic Development 300 Other Contracted Services Liquor Store Delivery 299 Conference/Training Senior Center Admin 295 Tuition Reimbursement/School Police Sworn 289 Patching Asphalt Street Maintenance 287 Miscellaneous City Council 280 Repair & Maint. Supplies Purgatory Creek Park 279 Repair & Maint. Supplies Water Distribution 275 Canine Supplies Police Sworn 270 Operating Supplies Police Sworn 266 Operating Supplies Fitness Classes 260 Clothing & Uniforms Fire 250 Tuition Reimbursement/School Police Sworn 248 Clothing & Uniforms Utility Operations - General Amount Account Description Business Unit 240 Operating Supplies Police Sworn 230 Protective Clothing Fire 225 Operating Supplies Stormwater Non-Capital 224 Conference/Training Community Center Admin 223 Travel Expense Utility Operations - General 218 Operating Supplies Fall Harvest 207 Miscellaneous City Council 196 Training Supplies Police Sworn 196 Operating Supplies Pool Operations 192 Landscape Materials/Supp Park Maintenance 185 Operating Supplies Fleet Operating 180 Training Fire 178 Operating Supplies Special Events Admin 172 Operating Supplies Birthday Parties 170 Operating Supplies Pool Operations 168 Operating Supplies Fitness Classes 168 Operating Supplies Fire 165 Operating Supplies IT Operating 165 Employee Award Organizational Services 165 Computers IT Operating 164 Operating Supplies Pool Operations 156 Clothing & Uniforms Utility Operations - General 156 Video & Photo Supplies Assessing 155 Conference/Training Utility Operations - General 149 Clothing & Uniforms Facilities Staff 149 Operating Supplies Ice Operations 145 Operating Supplies Police Sworn 144 Travel Expense Assessing 144 Travel Expense Assessing 144 Travel Expense Fire 139 Clothing & Uniforms Facilities Staff 135 Operating Supplies Outdoor Center 135 Conference/Training Finance 131 Operating Supplies Special Events (CC) 130 Conference/Training Tree Disease 130 Dues & Subscriptions Economic Development 129 Travel Expense Fire 129 Travel Expense Fire 129 Travel Expense Fire 128 Conference/Training Community Center Admin 128 Travel Expense Fire 128 Travel Expense Fire 128 Travel Expense Fire 127 Travel Expense Fire 127 Travel Expense Fire 127 Travel Expense Fire Amount Account Description Business Unit 127 Clothing & Uniforms Street Maintenance 125 Advertising Recreation Admin 125 Operating Supplies Community Center Admin 121 Operating Supplies New Adaptive 120 Equipment Repair & Maint Public Safety Communications 118 Operating Supplies Fire 117 Operating Supplies Senior Center Programs 117 Operating Supplies Pool Operations 115 Clothing & Uniforms Park Maintenance 112 Operating Supplies Halloween Party 110 Building Materials Street Maintenance 109 Travel Expense Fire 109 Travel Expense Fire 109 Travel Expense Fire 107 Operating Supplies Fire 106 Operating Supplies Police Sworn 102 Training Fire 101 Clothing & Uniforms Street Maintenance 100 Operating Supplies Fall Harvest 100 Licenses, Taxes, Fees Fitness Classes 100 Conference/Training Street Maintenance 99 Miscellaneous Communications 97 Capital Under $25,000 Fitness Classes 97 Miscellaneous Communications 96 Conference/Training Arts Center 95 Conference/Training Engineering 93 Operating Supplies Community Center Admin 93 Operating Supplies Police Sworn 92 Fire Prevention Supplies Fire 90 Repair & Maint. Supplies Stormwater Collection 90 Software/Hardware Maint.Fire 89 Dues & Subscriptions City Clerk 89 Operating Supplies Fall Harvest 88 Operating Supplies New Adaptive 88 Operating Supplies Arts Center 87 Travel Expense Fire 87 Training Supplies Police Sworn 85 Skate Sharpening Ice Operations 83 Operating Supplies Special Events (CC) 82 Operating Supplies Outdoor Center 81 Travel Expense Fire 81 Travel Expense Fire 80 Travel Expense Fire 76 Tuition Reimbursement/School Police Sworn 76 Operating Supplies Special Events (CC) 75 Deposits General Fund Amount Account Description Business Unit 75 Advertising Arts in the Park 73 Operating Supplies Police Sworn 72 Employee Award Organizational Services 71 Operating Supplies Fire 70 Clothing & Uniforms Utility Operations - General 70 Clothing & Uniforms Utility Operations - General 70 Other Contracted Services Organizational Services 69 Operating Supplies Arts Center 68 Operating Supplies Ice Operations 68 Operating Supplies Fall Harvest 66 Clothing & Uniforms Police Sworn 66 Travel Expense Fire 66 Travel Expense Fire 65 Travel Expense Fire 65 Operating Supplies Ice Operations 64 Operating Supplies Arts Center 64 Fire Prevention Supplies Fire 62 Operating Supplies Outdoor Center 61 Awards Volleyball 61 Employee Award Organizational Services 60 Operating Supplies Outdoor Center 60 Conference/Training Assessing 60 Clothing & Uniforms Park Maintenance 58 Travel Expense Administration 57 Operating Supplies Police Sworn 57 Operating Supplies Arts Center 56 Operating Supplies Fall Harvest 56 Software/Hardware Maint.IT Operating 55 Conference/Training Utility Operations - General 54 Travel Expense Fire 54 Travel Expense Fire 53 Operating Supplies Arts Center 53 Operating Supplies Fire 53 Travel Expense Fire 51 Operating Supplies Police Sworn 50 Operating Supplies Outdoor Center 50 Travel Expense Fire 50 Conference/Training Youth Programs Admin 50 Clothing & Uniforms Park Maintenance 50 Operating Supplies Fleet Operating 50 Operating Supplies Outdoor Center 49 Dues & Subscriptions Police Sworn 49 Operating Supplies Fire 49 Operating Supplies Arts Center 48 Conference/Training IT Operating 47 Equipment Parts Fleet Operating Amount Account Description Business Unit 47 Equipment Parts Fleet Operating 46 Operating Supplies Arts Center 46 Fire Prevention Supplies Fire 46 Travel Expense Fire 45 Operating Supplies New Adaptive 45 Travel Expense Fire 45 Travel Expense Fire 44 Operating Supplies Internal Events 43 Operating Supplies Police Sworn 43 Printing Fire 42 Operating Supplies Arts Center 41 Operating Supplies Arts Center 40 Operating Supplies Engineering 39 Operating Supplies Pool Lessons 38 Operating Supplies Arts Center 38 Operating Supplies Fitness Classes 38 Operating Supplies Fire 37 Travel Expense Fire 37 Travel Expense Fire 36 Travel Expense Economic Development 36 Tuition Reimbursement/School Police Sworn 35 Operating Supplies Ice Operations 35 Operating Supplies Theatre Initiative 34 Conference/Training Street Maintenance 34 Travel Expense Fire 33 Office Supplies Police Sworn 33 Office Supplies Police Sworn 33 Operating Supplies Pool Lessons 33 Operating Supplies Fitness Center 33 Operating Supplies Park Maintenance 33 Deposits General Fund 32 Travel Expense Fire 32 Operating Supplies Arts Center 31 Travel Expense Fire 31 Operating Supplies Arts Center 31 Travel Expense Economic Development 30 Conference/Training Youth Programs Admin 30 Travel Expense Economic Development 30 Operating Supplies Outdoor Center 30 Operating Supplies Police Sworn 29 Travel Expense Fire 29 Travel Expense Fire 28 Travel Expense Fire 28 Travel Expense Fire 28 Travel Expense Fire 27 Operating Supplies Theatre Initiative Amount Account Description Business Unit 27 Operating Supplies Outdoor Center 27 Training Supplies Police Sworn 26 Operating Supplies Special Events Admin 26 Operating Supplies Pool Operations 26 Office Supplies Police Sworn 25 Dues & Subscriptions Police Sworn 25 Other Contracted Services Organizational Services 24 Travel Expense Fire 24 Operating Supplies Fire 23 Travel Expense Fire 23 Operating Supplies Fall Harvest 23 Travel Expense Fire 22 Operating Supplies Prairie View Liquor Store 22 Operating Supplies Arts Center 22 Operating Supplies IT Operating 22 Operating Supplies Fall Harvest 22 Operating Supplies Fire 22 Operating Supplies Prairie View Liquor Store 21 Fire Prevention Supplies Fire 21 Operating Supplies Pool Lessons 21 Fire Prevention Supplies Fire 21 Travel Expense Utility Operations - General 20 Travel Expense Utility Operations - General 20 Employee Award Organizational Services 20 Bank and Service Charges Inspections-Administration 20 Operating Supplies Fitness Classes 20 Licenses, Taxes, Fees Utility Operations - General 20 Operating Supplies Fire 19 Operating Supplies Arts Center 19 Operating Supplies Community Center Admin 19 Operating Supplies Community Center Admin 18 Video & Photo Supplies Assessing 18 Operating Supplies Housing and Community Service 18 Dues & Subscriptions Communications 18 Operating Supplies Arts Center 18 Repair & Maint. Supplies Water Distribution 17 Travel Expense Fire 17 Operating Supplies Police Sworn 17 Operating Supplies Fire 16 Office Supplies Housing and Community Service 16 Operating Supplies Fall Harvest 15 Other Contracted Services Organizational Services 15 Other Contracted Services Organizational Services 14 Operating Supplies Theatre Initiative 14 Operating Supplies Volunteers 14 Operating Supplies Special Events Admin Amount Account Description Business Unit 14 Operating Supplies Pool Operations 14 Operating Supplies Arts Center 14 Travel Expense Fire 14 Operating Supplies Fitness Center 13 Operating Supplies Fitness Classes 13 Operating Supplies Special Events (CC) 13 Operating Supplies Prairie View Liquor Store 13 Operating Supplies Arts Center 13 Operating Supplies Police Sworn 12 Postage Fire 12 Postage Fire 12 Postage Fire 12 Postage Fire 12 Employee Award Organizational Services 12 Operating Supplies Arts Center 11 Operating Supplies Prairie View Liquor Store 10 Dues & Subscriptions Fire 10 Operating Supplies Fitness Admin. 10 Training Fire 10 Operating Supplies Arts Center 10 Fire Prevention Supplies Fire 10 Equipment Parts Fleet Operating 9 Postage Utility Operations - General 9 Operating Supplies Ice Operations 9 Operating Supplies Police Sworn 9 Operating Supplies Fitness Admin. 9 Operating Supplies Arts Center 9 Operating Supplies Arts Center 9 Operating Supplies Fitness Admin. 8 Clothing & Uniforms Police Sworn 8 Dues & Subscriptions Police Sworn 7 Operating Supplies Arts Center 7 Operating Supplies Special Initiatives 6 Travel Expense Fire 5 Licenses, Taxes, Fees Fleet Operating 4 Operating Supplies Fire 2 Bank and Service Charges Customer Service 1 Conference/Training Utility Operations - General 1 Conference/Training Fitness Admin. -6 Operating Supplies Ice Operations -18 Operating Supplies Senior Center Admin -19 Operating Supplies Outdoor Center -26 Operating Supplies Special Events Admin -33 Office Supplies Police Sworn -62 Software/Hardware Maint.IT Operating -4,300 Software/Hardware Maint.IT Operating Amount Account Description Business Unit 91,438 Report Total CITY COUNCIL AGENDA SECTION: Report of the City Manager DATE: November 16, 2021 DEPARTMENT/DIVISION: Office of the City Manager/ Finance, Tammy Wilson ITEM DESCRIPTION: Resolution Relating to $17,360,000 General Obligation Water Revenue and Refunding Bonds, Series 2021A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment ITEM NO.: XIV.B.1. Requested Action Move to: Adopt a resolution relating to $17,360,000 General Obligation Water Revenue and Refunding Bonds, Series 2021A; Authorizing the Issuance, Awarding the Sale, Fixing the Form and Details, Providing for the Execution and Delivery Thereof and the Security Therefor and Levying Ad Valorem Taxes for the Payment Synopsis The 2021A bonds will finance the removal and reinstallation of New Cellular AMI Water Meters. The project is expected to be completed in 2023. A portion of the bonds will also be issued to refund, in a current refunding, the January 1, 2023 through January 1, 2035 maturities (the “Refunded Bonds”) of the City’s $17,155,000 General Obligation Tax Abatement Bonds, Series 2014A (the “Series 2014A Bonds”) dated as of July 15, 2014, the proceeds of which financed an expansion of the Eden Prairie Aquatics Center. The City will save $1,937,268 from the refinancing. Attachment Resolution 4874-4781-2865\4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ RESOLUTION RELATING TO $17,360,000 GENERAL OBLIGATION WATER REVENUE AND REFUNDING BONDS, SERIES 2021A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council (the “Council”) of the City of Eden Prairie, Minnesota (the “City”), as follows: SECTION 1. RECITALS. 1.01. Authorization This Council hereby determines it to be in the best interests of the City to issue and sell $17,360,000 principal amount of General Obligation Water Revenue and Refunding Bonds, Series 2021A, of the City (the “Bonds”), pursuant to Minnesota Statutes, Chapters 444, 469 and 475, and Sections 469.1814 and 475.67 to (i) fund the purchase of water utility equipment (the “Utility Projects”) for the City’s municipal water system (the “System”) and to refund, in a current refunding, the 2023 through 2035 maturities (the “Refunded Bonds”) of the City’s $17,155,000 General Obligation Tax Abatement Bonds, Series 2014A (the “Series 2014A Bonds”). Proceeds of the Series 2014A Bonds were used to finance an expansion of the Eden Prairie Aquatics Center (the “Tax Abatement Projects,” and together with the Utility Projects, the “Projects”) and to pay costs associated with issuance of the Bonds. The Refunded Bonds will be redeemed on January 15, 2022 (the “Redemption Date”). The City anticipates substantial debt service savings to result from the refunding of the Refunded Bonds. The portion of the Bonds used to finance the Utility Projects is referred to herein as the “Utility Bonds.” The portion of the Bonds used to refund the Refunded Bonds is referred to herein as the “Refunding Bonds.” Maturity schedules for each portion of the Bonds are attached hereto as Schedule I. 1.02. Sale of Bonds The City has retained Ehlers & Associates, Inc., an independent municipal advisor (“Ehlers”), to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms of Proposal and the Official Statement prepared on behalf of the City by Ehlers, sealed proposals for the purchase of the Bonds were received at or before the time specified for 2 4874-4781-2865\4 receipt of proposals. The proposals have been opened, publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each proposal have been determined. The most favorable proposal received is that of Piper Sandler & Co., of Minneapolis, Minnesota (the “Purchaser”), to purchase the Bonds at a price of $19,184,304.92, the Bonds to bear interest at the rates set forth in Section 3.02. 1.03. Award The sale of the Bonds is hereby awarded to the Purchaser, and the Mayor and City Manager are hereby authorized and directed to execute a contract on the part of the City with the Purchaser for the sale of the Bonds in accordance with the Terms of Proposal. The good faith deposit of the Purchaser shall be retained and deposited by the City until the Bonds have been delivered and shall be deducted from the purchase price paid at settlement. SECTION 2. FORM OF BONDS. The Bonds shall be prepared in substantially the form attached as Exhibit A hereto. SECTION 3. BOND TERMS, EXECUTION AND DELIVERY. 3.01. Issuance of Bonds All acts, conditions and things which are required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the valid issuance of the Bonds having been done, now existing, having happened and having been performed, it is now necessary for the Council to establish the form and terms of the Bonds, to provide security therefor and to issue the Bonds forthwith. 3.02. Maturities, Interest Rates, Denominations, Payment The Bonds shall be originally dated as of the date of issuance thereof, shall be in the denomination of $5,000 each, or any integral multiple thereof, of single maturities, shall mature on February 1 in the years and amounts stated below, and shall bear interest from date of original issue until paid or duly called for redemption at the annual rates set forth opposite such years and amounts, as follows: Year Amount Rate Year Amount Rate 2023 $1,010,000 4.00% 2031 $1,375,000 3.00% 2024 1,120,000 4.00 2032 1,420,000 3.00 2025 1,020,000 4.00 2033 1,455,000 2.00 2026 1,070,000 4.00 2034 1,470,000 2.00 2027 1,100,000 4.00 2035 1,505,000 2.00 2028 1,140,000 4.00 2036 430,000 2.00 2029 1,485,000 4.00 2037 440,000 2.00 2030 1,320,000 4.00 3 4874-4781-2865\4 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond at the principal office of the Registrar (as hereinafter defined), the principal amount thereof, shall be payable by check or draft issued by the Registrar; provided that, so long as the Bonds are registered in the name of a securities depository, or a nominee thereof, in accordance with Section 3.08 hereof, principal and interest shall be payable in accordance with the operational arrangements of the securities depository. 3.03. Dates; Interest Payment Dates Upon initial delivery of the Bonds pursuant to Section 3.07 and upon any subsequent transfer or exchange pursuant to Section 3.06, the date of authentication shall be noted on each Bond so delivered, exchanged or transferred. Interest on the Bonds shall be payable each February 1 and August 1, commencing August 1, 2022 (each such date, an “Interest Payment Date”), to the person in whose name the Bonds are registered on the Bond Register (as hereinafter defined) at the Registrar’s close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date, whether or not such day is a business day. Interest shall be computed on the basis of a 360-day year composed of twelve 30-day months. 3.04. Redemption Bonds maturing in 2031 and later years are each subject to redemption and prepayment at the option of the City, in whole or in part, and if in part in such order of maturity dates as the City may select and by lot as selected by the Registrar (or, if applicable, by the bond depository in accordance with its customary procedures) in multiples of $5,000 as to Bonds maturing on the same date, on February 1, 2030, and on any date thereafter, at a price equal to the principal amount thereof plus accrued interest to the date of redemption. Prior to the date specified for the redemption of any Bond prior to its stated maturity date, the City will cause notice of the call for redemption to be published if and as required by law, and, at least thirty days prior to the designated redemption date, will cause notice of the call to be mailed by first class mail (or, if applicable, provided in accordance with the operational arrangements of the bond depository), to the registered owner of any Bond to be redeemed at the owner’s address as it appears on the Bond Register maintained by the Registrar, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of such Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. 3.05. Appointment of Initial Registrar The City hereby appoints U.S. Bank National Association in St. Paul, Minnesota, as the initial bond registrar, transfer agent and paying agent (the “Registrar”). The Mayor and City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such 4 4874-4781-2865\4 corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon thirty days’ notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the Bond Register to the successor Registrar. 3.06. Registration The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner’s attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. 5 4874-4781-2865\4 (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.07. Execution, Authentication and Delivery The Bonds shall be prepared under the direction of the City Manager and shall be executed on behalf of the City by the signatures of the Mayor and City Manager, provided that the signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been prepared, executed and authenticated, the City Manager shall deliver them to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.08. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person’s subrogee. “Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. 6 4874-4781-2865\4 “DTC” shall mean The Depository Trust Company of New York, New York. “Participant” shall mean any broker-dealer, bank or other financial institution for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Representation Letter from the City to DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City’s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. (d) The execution and delivery of the Representation Letter to DTC by the Mayor, in the form presented to this Council with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by 7 4874-4781-2865\4 the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. SECTION 4. SECURITY PROVISIONS 4.01. General Obligation Water Revenue and Refunding Bonds, Series 2021A Construction Fund There is hereby created a special bookkeeping fund to be designated as the “General Obligation Water Revenue and Refunding Bonds, Series 2021A Construction Fund” (the “Construction Fund”), to be held and administered by the City Manager separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) the proceeds of the sale of the Utility Bonds ($5,929,732.23), representing the estimated costs of the Utility Projects ($5,890,679.92) and costs of issuance of the Utility Bonds ($39,052.31). The City Manager shall maintain the Construction Fund until payment of all costs and expenses incurred in connection with the construction of the Utility Projects have been paid. From the Construction Fund there shall be paid all costs and expenses related to the construction of the Utility Projects. After payment of all such costs and expenses, the Construction Fund shall be terminated. All funds on hand in the Construction Fund when terminated shall be credited to the Bond Fund described in Section 4.03 hereof, unless and except as such proceeds may be transferred to some other fund or account as to which the City has received from bond counsel an opinion that such other transfer is permitted by applicable laws and does not impair the exemption of interest on the Bonds from federal income taxes. In no event shall funds remain in the Project Fund later than December 8, 2024. 4.02. Refunding Proceeds of the Refunding Bonds in the amount of $13,165,000 shall be deposited in the sinking fund established for the Series 2014A Bonds to be applied to the redemption of the Refunded Bonds on the Redemption Date, and proceeds of the Refunding Bonds in the amount of $89,572.69 shall be used to pay costs of issuance of the Refunding Bonds. 4.03. General Obligation Water Revenue and Refunding Bonds, Series 2021A Bond Fund 8 4874-4781-2865\4 The Bonds shall be payable from a separate General Obligation Water Revenue and Refunding Bonds, Series 2021A Bond Fund (the “Bond Fund”) of the City, which shall be created and maintained on the books of the City as a separate debt redemption fund until the Bonds, and all interest thereon, are fully paid. Into the Bond Fund shall be paid: (a) any funds received from the Purchaser upon delivery of the Bonds in excess of the amounts specified in Sections 4.01 and 4.02 above; (b) System revenues pledged pursuant to Section 4.05 hereof; (c) all excess amounts on deposit in the debt service funds maintained for the payment of the Refunded Bonds upon the retirement of the Refunded Bonds on the Redemption Date; (d) all tax abatement revenue received by the City with respect to the property abated by the resolutions relating to the issuance of the Series 2014A Bonds, subject to the right of the City to allocate other funds on hand to payments due on the Bonds and to cancel such abatements; (e) any taxes collected pursuant to Section 4.04 hereof; and (f) any other funds appropriated by this Council for the payment of the Bonds. There are hereby established two accounts in the Bond Fund, designated as the “Debt Service Account” and the “Surplus Account.” All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Manager shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one-twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Manager shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Manager shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. If the balance in the Bond Fund is at any time insufficient to pay all interest and principal then due on all Bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Surplus Account when the balance therein is sufficient, and the City covenants and agrees that it will each year levy a sufficient amount of ad valorem taxes to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional, statutory or charter limitation. 4.04. Pledge of Taxing Power For the prompt and full payment of the principal of and interest on the Bonds as such payments respectively become due, the full faith, credit and unlimited taxing powers of the City shall be and are hereby irrevocably pledged. In order to produce aggregate amounts which, together with the collections of other amounts as set forth in Section 4.02, will produce amounts not less than 5% in excess of the amounts needed to meet when due the principal and interest 9 4874-4781-2865\4 payments on the Bonds, ad valorem taxes are hereby levied on all taxable property in the City, the taxes to be levied and collected in the following years and amounts: Levy Years Collection Years Amount See attached schedules 4.05. Pledge of Net Revenues It is hereby found, determined and declared that the City owns and operates the System as a revenue producing utility and convenience and that the net operating revenues of the System, after deducting from the gross receipts derived from charges for the service, use and availability of the System the normal, current and reasonable expenses of operation and maintenance thereof, will be sufficient, together with any other funds actually appropriated by the City, for the payment when due of the principal of and interest on the Utility Bonds herein authorized, and on any other bonds to which such revenues are pledged. SECTION 5. DEFEASANCE When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank or trust company qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. SECTION 6. REGISTRATION, CERTIFICATION OF PROCEEDINGS, INVESTMENT OF MONEYS, ARBITRAGE AND OFFICIAL STATEMENT 6.01. Registration The City Manager is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Hennepin County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings The officers of the City and the County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney LLP, Bond Counsel, 10 4874-4781-2865\4 certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 6.03. Covenant The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the “Code”), and Regulations promulgated thereunder (the “Regulations”), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Projects will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non-governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered “private activity bonds” or “private loan bonds” within the meaning of Section 141 of the Code. 6.04. Arbitrage Certification The Mayor and City Manager, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 6.05. Arbitrage Rebate The City acknowledges that the Bonds may be subject to the rebate requirements of Section 148(f) of the Code. The City covenants and agrees to retain such records, make such determinations, file such reports and documents and pay such amounts at such times as are required under said Section 148(f) and applicable Regulations to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes, unless the Bonds qualify for an exception from the rebate requirement pursuant to one of the spending exceptions set forth in Section 1.148-7 of the Regulations and no “gross proceeds” of the Bonds (other than amounts constituting a “bona fide debt service fund”) arise during or after the expenditure of the original proceeds thereof. 6.06. Not Qualified Tax Exempt Obligations The Bonds are not “qualified tax-exempt obligations” for purposes of section 265(b)(3) of the Code. 11 4874-4781-2865\4 6.07. Official Statement The Official Statement relating to the Bonds, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. 6.08. Reimbursement The City certifies that the proceeds of the Bonds will not be used by the City to reimburse itself for any expenditure with respect to the Utility Projects which the City paid or will have paid more than 60 days prior to the issuance of the Bonds unless, with respect to such prior expenditures, the City shall have made a declaration of official intent which complies with the provisions of Section 1.150-2 of the Regulations, provided that a declaration of official intent shall not be required (i) with respect to certain de minimis expenditures, if any, with respect to the financed facilities meeting the requirements of Section 1.150-2(f)(1) of the Regulations, or (ii) with respect to “preliminary expenditures” for the financed facilities as defined in Section 1.150-2(f)(2) of the Regulations, including engineering or architectural expenses and similar preparatory expenses, which in the aggregate do not exceed 20% of the “issue price” of the Bonds. SECTION 7. CONTINUING DISCLOSURE (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2-12), relating to continuing disclosure (as in effect and interpreted from time to time, the “Rule”), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, “Beneficial Owner” means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. 12 4874-4781-2865\4 (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before twelve (12) months after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2021, the following financial information and operating data in respect of the City (the “Disclosure Information”): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: “Valuations – Current Property Valuations,” “Debt – Direct Debt,” “Tax Levies and Collections,” “General Information – US Census Data” and “ Employment/Unemployment Data.” Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as required hereby, from other documents, including official statements, which have been submitted to the Municipal Securities Rulemaking Board (“MSRB”) through its Electronic Municipal Market Access System (“EMMA”) or to the SEC. If the document incorporated by reference is a final official statement, it must be available from the MSRB. The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect, provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be a Material Fact (as defined in paragraph (2) hereof), then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent 13 4874-4781-2865\4 necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events (each, a “Material Fact”): (A) Principal and interest payment delinquencies; (B) Non-payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (G) Modifications to rights of security holders, if material; (H) Bond calls, if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or similar event of the obligated person; (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N) Appointment of a successor or additional trustee or the change of name of a trustee, if material; (O) Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; and (P) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties. For purposes of the events identified in paragraphs (O) and (P) above, the term “financial obligation” means (i) a debt obligation; (ii) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. 14 4874-4781-2865\4 As used herein, for those events that must be reported if material, an event is “material” if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also “material” if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB through EMMA, in an electronic format as prescribed by the MSRB, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. 15 4874-4781-2865\4 (d) Term; Amendments; Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. SECTION 8. AUTHORIZATION OF PAYMENT OF CERTAIN COSTS OF ISSUANCE OF THE BONDS The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Wells Fargo Bank on the closing date for further distribution as directed by the City’s municipal advisor, Ehlers & Associates, Inc. SECTION 9. REDEMPTION OF REFUNDED BONDS 16 4874-4781-2865\4 The City Manager is hereby directed to advise Wells Fargo Bank, National Association, or its successor, as paying agent for the Refunded Bonds, to call the Refunded Bonds for redemption and prepayment on the Redemption Date, and to give thirty days’ mailed Notice of Redemption, substantially in the form attached hereto as Exhibit B, all in accordance with the provisions of the resolution authorizing the issuance of the Refunded Bonds. ADOPTED by the City Council of Eden Prairie this 16th day of November, 2021. Ronald A. Case, Mayor ATTEST: Nicole Tingley, City Clerk A-1 4874-4781-2865\4 EXHIBIT A UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDEN PRAIRIE GENERAL OBLIGATION WATER REVENUE AND REFUNDING BOND, SERIES 2021A R-___ $_________ Interest Rate Maturity Date Date of Original Issue CUSIP No. __% February 1, 20__ December 8, 2021 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THOUSAND DOLLARS THE CITY OF EDEN PRAIRIE, Hennepin County, Minnesota (the “City”), acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360-day year consisting of twelve 30-day months, payable on February 1 and August 1 in each year, commencing August 1, 2022, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of U.S. Bank National Association, in St. Paul, Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the “Bond Registrar”), or its successor designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $17,360,000 (the “Bonds”), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on November 16, 2021 (the “Resolution”) to finance the purchase of equipment for the City’s municipal water utility system (the “System”) and currently refund certain general obligation bonds of the City, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 444, 469 and 475, and Sections 469.1814 and 475.67. For the full and prompt payment of the principal of and interest on the Bonds as the same become due, the full faith, credit and taxing power of the City have been and are hereby irrevocably pledged. The Bonds are issuable only in fully registered form, in the denomination of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 2031 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2030 and on any A-2 4874-4781-2865\4 date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has by the Resolution covenanted and agreed to collect and apply to payment of the Bonds certain net revenues of the System, tax abatement revenues, and ad valorem taxes levied upon all taxable property in the City, which abatement revenues, System revenues, and taxes are estimated to be collectible in years and amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the Bonds when due, and has appropriated such abatement revenues and System revenues to its General Obligation Water Revenue and Refunding Bonds, Series 2021A Bond Fund for the payment of such principal and interest; that if necessary for the payment of such principal and interest, additional ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; that all proceedings relative to the projects financed by this Bond have been or will be taken according to law and that the issuance of this Bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by manual signature of the authorized representative of the Bond Registrar. A-3 4874-4781-2865\4 IN WITNESS WHEREOF, the City of Eden Prairie, Hennepin County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Manager and has caused this Bond to be dated as of the date set forth below. CITY OF EDEN PRAIRIE, MINNESOTA (Facsimile Signature - City Manager) (Facsimile Signature – Mayor) ________________ CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: __________________ U.S. BANK NATIONAL ASSOCIATION, as Bond Registrar By Authorized Representative ________________ A-4 4874-4781-2865\4 The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM --as tenants in common UTMA ………….…. as Custodian for ………….….. (Cust) (Minor) TEN ENT --as tenants by the entireties under Uniform Transfers to Minors Act ...................… (State) JT TEN --as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _____________________________ the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint ______________________________ attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. Please insert social security or other identifying number of assignee:______________________ 4874-4781-2865\4 EXHIBIT B NOTICE OF REDEMPTION General Obligation Tax Abatement Bonds, Series 2014A Dated July 15,2014 City of Eden Prairie, Minnesota NOTICE IS HEREBY GIVEN THAT there have been called for redemption and prepayment on January 15, 2022 all outstanding Bonds of the above referenced issue, maturing in the following years on the following dates and having the interest rates listed below: Maturity Amount Rate CUSIP Number* Maturity Amount Rate CUSIP Number* 01/15/2023 $ 920,000 3.00% 279518 EE0 01/15/2030 $ 1,025,000 3.50% 279518 EM2 01/15/2024 930,000 3.00 279518 EF7 01/15/2031 1,060,000 3.50 279518 EN0 01/15/2025 815,000 3.00 279518 EG5 01/15/2032 1,100,000 3.50 279518 EP5 01/15/2026 850,000 3.00 279518 EH3 01/15/2033 1,130,000 3.75 279518 EQ3 01/15/2027 865,000 3.00 279518 EJ9 01/15/2034 1,165,000 3.75 279518 ER1 01/15/2028 885,000 3.00 279518 EK6 01/15/2035 1,210,000 3.75 279518 ES9 01/15/2029 1,210,000 3.00 279518 EL4 The Bonds will be redeemed at a price of 100% of their principal amount plus accrued interest to the date of redemption. Holders of the Bonds should present them for payment to Wells Fargo Bank, National Association, on or before said date, when they will cease to bear interest, in the following manner: By Mail or Courier Service: By Registered or Certified Mail: In Person, By Hand: Wells Fargo Bank, N.A. Wells Fargo Bank, N.A. Corporate Trust Operations Corporate Trust Operations Corporate Trust Operations MAC N9300-060 N9300-070 P. O. Box 1517 600 South 4th Street, 6th Floor 600 South 4th Street, 7th Floor Minneapolis, MN 55480-1517 Minneapolis, MN 55415-1526 Minneapolis, MN 55415-1526 Important Notice: In compliance with the Economic Growth and Tax Relief Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. The Registrar shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to its correctness indicated in this Notice of Redemption. It is included solely for the convenience of the Holders. Additional information may be obtained from the undersigned or from Ehlers & Associates, Inc., 3060 Centre Point Drive, St. Paul, Minnesota 55113-1105 (651-697-8500), financial advisor to the City. Dated: ______________, 2021. BY ORDER OF THE CITY COUNCIL CITY OF EDEN PRAIRIE, MINNESOTA By s/ City Manager *Denotes full call of CUSIP. 4874-4781-2865\4 Exhibit C TAX LEVIES 4874-4781-2865\4 SCHEDULE I Maturity Schedule Year Utility Bonds Refunding Bonds Total 2023 $255,000 $ 755,000 $1,010,000 2024 290,000 830,000 1,120,000 2025 300,000 720,000 1,020,000 2026 315,000 755,000 1,070,000 2027 325,000 775,000 1,100,000 2028 340,000 800,000 1,140,000 2029 350,000 1,135,000 1,485,000 2030 365,000 955,000 1,320,000 2031 380,000 995,000 1,375,000 2032 395,000 1,025,000 1,420,000 2033 405,000 1,050,000 1,455,000 2034 410,000 1,060,000 1,470,000 2035 420,000 1,085,000 1,505,000 2036 430,000 0 430,000 2037 440,000 0 440,000 TOTAL $5,420,000 $11,940,000 $17,360,000 4874-4781-2865\4 CERTIFICATE OF HENNEPIN COUNTY AUDITOR AS TO REGISTRATION AND TAX LEVY I, the undersigned, being the duly qualified and acting County Auditor of Hennepin County, Minnesota, hereby certify that there has been filed in my office a certified copy of a resolution adopted November 16, 2021, by the City Council of the City of Eden Prairie, Minnesota, setting forth the form and details of an issue of $17,360,000 General Obligation Water Revenue and Refunding Bonds, Series 2021A, dated as of December 8, 2021, and levying taxes for the payment thereof. I further certify that the bond issue has been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this ______ day of ___________, 2021. Hennepin County Auditor (SEAL)