HomeMy WebLinkAboutCity Council - 04/19/2022
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, APRIL 19, 2022 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 Matthew 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. CITY HISTORICAL PROPERTY UPDATE
II. EDEN PRAIRIE HISTORICAL SOCIETY
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM
IV. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, APRIL 19, 2022 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 Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. EDEN PRAIRIE POLICE DEPARTMENT JUVENILE DIVERSION PROGRAM AWARD B. ACCEPT PARK BENCH DONATION FROM ELEANOR FINNE AND RECOGNIZE PLASTIC RECYCLING EFFORT (Resolution)
C. LEN SIMICH RECOGNITION – SOUTHWEST TRANSIT
D. HENNEPIN COUNTY COMMISSIONERS CHRIS LATONDRESSE AND DEBBIE GOETTEL
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 5, 2022
B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 5, 2022
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. CHICK-FIL-A by Chick-Fil-A. Second Reading of Ordinance for Planned Unit Development Review with waivers on 1.27 acres, Resolution for Site Plan Review
CITY COUNCIL AGENDA April 19, 2022
Page 2
on 1.27 acres (Ordinance for PUD District Review, Resolution for Site Plan Review, Development Agreement)
C. CODE AMENDMENT FOR LIGHTING by City of Eden Prairie. Second Reading of Ordinance to amend City Code Chapter 11 relating to site lighting
(Ordinance)
D. APPROVE USE OF $62,423.26 IN CDBG-CV FUNDS FOR PROP
E. APPROVE FIRST AMENDMENT TO LEASE AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 272 IN CITY CENTER SPACE F. APPROVE AGREEMENT WITH XCEL ENERGY FOR EV CHARGING SYSTEM INFRASTRUCTURE PURCHASE AND INSTALLATION FOR CITY CENTER PARKING LOT
G. APPROVE AGREEMENT WITH XCEL ENERGY FOR EV CHARGING
SYSTEM INFRASTRUCTURE PURCHASE AND INSTALLATION FOR MAINTENANCE FACILITY PARKING LOT
H. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04
I. APPROVE ENTERPRISE AGREEMENT AND RENEWAL OF MICROSOFT LICENSES PURCHASE THROUGH SHI
J. APPROVE TREE REMOVAL AGREEMENT AND AGREEMENT
REGARDING SPECIAL ASSESSMENTS
K. APPROVE CONTRACT FOR PIONEER TR TRAIL REHAB AND STARING LAKE PARKING LOT PROJECT TO BITUMINOUS ROADWAYS, INC.
L. AWARD CONTRACT FOR 2022 SURFACE SEAL PROJECT TO CORRECTIVE ASPHALT MATERIALS, LLC
M. AWARD CONTRACT FOR CR 62 FENCE REPLACEMENT TO STERLING FENCE INC.
N. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT
O. APPROVE GRANT AGREEMENT FOR WATERSHED OUTLET MONITORING PROGRAM WITH METROPOLITAN COUNCIL IX. PUBLIC HEARINGS / MEETINGS
CITY COUNCIL AGENDA April 19, 2022
Page 3
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
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
CITY COUNCIL AGENDA
SECTION: Proclamations/Presentations
DATE
April 19, 2022
DEPARTMENT / DIVISION
Police Chief Matt Sackett
ITEM DESCRIPTION
Award for EPPD’s Juvenile Diversion Program
ITEM NO.
IV.A.
Requested Action No action required
Synopsis
Chief Matt Sackett will recognize the Police Department’s Juvenile Diversion Program for receiving the Minnesota Chiefs of Police Association (MCPA) Excellence in Innovation Award.
Background The Police Department received the award at the MCPA conference in Duluth earlier this month. Randy Thompson, the department’s Juvenile Diversion Coordinator, accepted the award on behalf of the department. Mr. Thompson helped start the program in 2006 and has been the coordinator since the
program’s inception.
The Excellence in Innovation Award recognizes Minnesota police agencies for superior achievement
and innovation in law enforcement programs, efforts or initiatives that benefit law enforcement as a
profession.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
April 19, 2022
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation of a Park Bench from Eleanor Finne
ITEM NO.:
IV.B.
Requested Action
Move to: Accept the donation of a park bench from Eleanor Finne. Synopsis As part of her Girl Scout Gold Award, Eleanor was able to collect over 500 pounds of plastic
bags that were sent to Trex as part of their Recycling Challenge Program. If a school or group
recycles enough plastic, Trex will donate a bench to that group and Eleanor has chosen to then donate this bench to the City to be placed in one of our parks. Eleanor will be giving a brief presentation on this program and how she was able to accomplish her goal of collecting bags.
Background The City has had a memorial bench program for many years and have recently started accepting these composite benches in addition to cash donations to purchase a bench. City Staff will continue to find locations where a bench is needed and work with resident groups to fill these
through donations.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of a park bench value at more than $500 to be used in the park system from Eleanor Finne is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of April, 2022.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, APRIL 5, 2022 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 Lieutenant Jess Irmiter, 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. HOLASEK HILLS COURTS – LIFE TIME FITNESS LEASE PROPOSAL
Mayor Case stated the first topic came about at a meet and greet with the Life Time Fitness
CEO, Bahram Akradi. At the meeting, Akradi approached the subject of the use of the nearby
tennis courts. Staff discussed whether this would be a reasonable option. Lotthammer stated
Life Time Fitness has inquired about leasing the Holasek Hills Park tennis courts. They
would like to utilize the area for pickleball courts. The back park of their parking lot is not
heavily used like the northern part of their lot. Case inquired if we own the land where the
parking spaces are near the park. Lotthammer replied yes. There is an informal agreement
that Life Time Fitness could use the spaces, but he never sees cars parked there.
Lotthammer stated the land was not purchased by federal funds, so it is a possibility. The
courts were resurfaced in 2017. They are suggesting using the courts for pickleball. There are
four homes across from the courts. Staff’s concern is with the noise. They would plan to put
up a sound barrier to help limit the noise. If this idea were to be of interest, Life Time fitness
would engage the four home owners. The City would also be interested in engaging with the
rest of the neighborhood. Life Time Fitness would like to do a 20-year lease agreement and
pay the annual fee upfront. If they were granted a 20-year lease they would not have to buy
the land, do the earth work, pav the courts or change the fencing. In order to be made whole,
the City would need to be paid enough money for the lease. One of the reasons to consider
this would be to rebalance the park system. One idea is to utilize the annual fund towards the
indoor Miller Park courts. It would not pay for the entire building, but it could contribute to
the cost.
City Council Workshop Minutes April 5, 2022 Page 2
Freiberg inquired if with a lease they would be making changes to the property. Neuville
stated, if wanted, the lease could stipulate returning the courts to its original use and
condition.
Case stated his first thoughts were that he would never want to sell park land. With a lease it
would be a possibility if it is an underutilized park. The money would need to benefit
residents with park amenities. Narayanan stated a 20-year lease is a long time. The original
cost required to build the courts should be paid upfront by Life Time Fitness, and the land
would then be leased. Lotthammer stated Staff is recommending this. They will need to
spend some money to make adjustments on the courts.
Nelson inquired why they are not building this in the parking lot space they are not using.
Case replied this question was asked. Lotthammer added they did not have much of an
answer, but this was a more desirable solution so they would not have to disrupt the parking
lot. Case added it was mentioned money is not an issue. A main concern would be noise
control. Narayanan inquired about a provision to only use the courts for pickleball. Toomey
inquired about a provision for noise complaints. Neuville stated those is feasible in a lease
agreement.
Getschow noted they ruled out the possibility of set times to use the courts. It would be their
exclusive use. Lotthammer added the push back would be from neighbors who already utilize
this amenity. Next steps would be to engage those neighbors. Getschow noted Life Time
Fitness may not be prepared to pay $400,000 to $600,000.
Narayanan inquired if they are paying the entire lease upfront. Lotthammer replied yes, it is
an option. Toomey inquired if the lease could be shortened to 15 years. Lotthammer stated it
is a possibility. Case stated he does not have an issue with the timeline of 20 years.
Narayanan stated he would prefer to negotiate rate after a certain amount of years. Neuville
added these terms could be written in the agreement. It does get complicated to tie the price
to inflation.
Lotthammer stated next steps could be to tell Life Time Fitness they can engage with the
neighbors about their proposal to the City. The City could then host a neighborhood meeting
to hear their opinions. Nelson inquired about pushing the timeline of the lease until the Miller
indoor court is closer to being completed. Lotthammer added the Miller Park indoor courts
are not tied to the capital improvement plan.
Case asked if Lotthammer could speak to the use of the tennis courts around the City. His
perception is they are not as frequently used. Lotthammer responded the most frequently
used tennis courts are multi court locations at Central Middle School and Round Lake.
City Council Workshop Minutes April 5, 2022 Page 3
Case stated Staff can proceed with the public outreach. Narayanan added it would be helpful
to have more information available to the neighbors about the noise levels they could
potentially expect. Nelson added she would like to speed up the process of the indoor courts.
II. COUNCIL ENGAGEMENT
The original concept of bringing the Council on the road started with the previous Mayor.
Getschow added he was around for the town hall meetings the Council hosted. Case added
his thought is to host a town hall or question and answer session to meet with the public.
Nelson stated she would like to do one of those sessions at PeopleFest! Toomey added there
are various events this could be added to such as Schooners Days, Pop up in the Park, Coffee
with the Chiefs, trivia at Eden Dale.
Nelson stated she enjoyed the town halls previously and is not sure why the Council went
away from them. Freiberg noted he likes the idea of being accessible to residents. Narayanan
added it would be beneficial to do one of these events with public safety.
Getschow noted previously the sessions were constituent based rather than topical. Nelson
recalled at one meeting there was an informative presentation on the history of the immigrant
population. Toomey asked how much notice was provided for these meetings. Getschow
noted previously when planning began in the spring there would be a meeting in June.
Narayanan asked if meetings were about an hour long. Getschow replied yes.
Case added it would be ideal to host three of those sessions this year. He believes it would be
helpful to focus on groups of constituents. Nelson inquired if there is a budget for cookies
and coffee. Getschow replied yes.
Getschow stated he could work with the Human Rights and Diversity Commission (HRDC)
to help organize the session for the immigrant population, the Chambers of Commerce for
the business community session, and the senior center. Case noted he would like to host three
sessions between now and October.
Toomey inquired if the Council could have a booth at an event. Case added PeopleFest!
would be a good opportunity for a booth, but it would not be one of the three sessions.
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM IV. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 5 2022 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 Lieutenant Jess Irmiter, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. TELECOMMUNICATORS WEEK PROCLAMATION Police Lieutenant Jess Irmiter stated the telecommunications provide excellent services to the City of Eden Prairie. He explained the dispatchers are familiar with City Staff and the details of the City because Eden Prairie has their own dispatch. In 2021, Eden Prairie dispatchers answered over 42,000 calls for service. He noted eight of the City’s 12 dispatchers have been with the City for over 20 years. Fire Chief Scott Gerber added the telecommunications are part of first responders in Eden Prairie. Case read the Proclamation in full and noted the Council’s appreciation of the dispatchers and their work. B. ARBOR DAY PROCLAMATION Lotthammer stated Eden Prairie has been a Tree City USA for over 40 years.
CITY COUNCIL MINUTES April 5, 2022
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He stated the Arbor Day event will be hosted at Round Lake Park on Saturday, April 30, 2022. There will be free trees available at the event, and well over 300 trees have been planted in the City in recent years.
Case stated Eden Prairie has more trees today than since the glacial period. He then read the Proclamation in full.
C. ACCEPT DONATION FROM NEXT CHAPTER INSURANCE FOR SENIOR CENTER (Resolution No. 2022-55)
Lotthammer explained this item is to accept a donation to support the bingo
program at the Senior Center. Case noted the Council appreciates donations as
they make tax dollars go further. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No.
2022-55 accepting the donation of $250 from Next Chapter Insurance the August Bingo event at the Senior Center. Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as
published. Motion carried 5-0. VI. MINUTES D. COUNCIL WORKSHOP HELD TUESDAY, MARCH 15 , 2022 E. CITY COUNCIL MEETING HELD TUESDAY, MARCH 15, 2022 MOTION: Toomey moved, seconded by Narayanan, to approve the minutes
of the Council workshop held Tuesday, March 15, 2022, and the City Council meeting held Tuesday, March 15, 2022, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. SECOND READING OF ORDINANCE NO. 9-2022 AMENDING CITY CODE CHAPTER 13 TO ESTABLISH AFFORDABLE HOUSING TRUST FUND AND ADOPT RESOLUTION 2022-56 APPROVING SUMMARY ORDINANCE C. SECOND READING OF ORDINANCE NO. 10-2022 AMENDING CITY
CITY COUNCIL MINUTES April 5, 2022
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CODE SECTION 5.76 RELATING TO MOBILE FOOD VENDORS AND 9.05 RELATING TO FIRE CODE PERMITS AND ADOPT RESOLUTION NO. 2022-57 APPROVING ORDINANCE SUMMARY D. APPROVE 2021 UNBUDGETED FUND TRANSFERS E. APPROVE INTERLOCAL AGREEMENT FOR MEMBERSHIP IN THE INTERLOCAL PURCHASING SYSTEM (TIPS)
F. APPROVE AGREEMENT WITH BIFF’S, INC. FOR PORTABLE TOILET SERVICERS
G. APPROVE AGREEMENT WITH ISG FOR DESIGN, CONSTRUCTION, AND BIDDING DOCUMENTS FOR ROUND LAKE PARK BUILDING
H. APPROVE AGREEMENT WITH ISG FOR DESIGN, CONSTRUCTION, AND BIDDING DOCUMENTS FOR MILLER PARK INDOOR COURT FACILITY
I. AUTHORIZE GRANT APPLICATION SUBMISSION FOR METROPOLITAN COUNCIL’S REGIONAL SOLICITATION FOR FEDERAL TRASPORTATION FUNDS FOR FLYING CLOUD DRIVE TRAIL
J. AWARD CONTRACT FOR 2022 CURB AND GUTTER REPLACEMENT TO CURB MASTERS INC.
K. APPROVE SETTLEMENT AGREEMENT FOR PARCEL 3 FOR TOWN CENTER STATION PROJECT (Resolution No. 2022-58)
L. AWARD CONTRACT FOR 2022 STRIPING TO SIR LINES-A-LOT LLC
M. APPROVE AGREEMENT WITH WSB AND ASSOCIATES, INC. FOR CONTRACT ADMINISTRATIVE SERVICES FOR CSAH 61 LANDSCAPING PROJECT
N. APPROVE CONTRACT WITH ELECTRIC PUMP FOR REPAIR OF WASTEWATER PUMP AT SPRING ROAD SANITARY SEWER LIFT STATION
O. APPROVE AGREEMENT FOR PHASE IX POND INVENTORY AND INSPECTION PROGRAM WITH STANTEC, INC.
CITY COUNCIL MINUTES April 5, 2022
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MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-O on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. CODE AMENDMENT FOR LIGHTING by City of Eden Prairie. First
Reading of Ordinance to Amend City Code Chapter 11 Relating to Site Lighting (Ordinance)
Klima explained the proposed amendment cleans up code to implement design standards Staff currently captures in the Development Agreement. The
amendment maintains lighting standard of 0.5 foot-candles at property line,
allows a three foot base for pole lights and a maximum pole light height of 25 for a total of 28 feet, requires downcast cut-off, or recessed lighting fixtures for
poles and walls, requires canopy lighting flush with the canopy ceiling, except
decorative lights at building entrances, and minimizes light spill onto adjacent properties.
Klima stated in most recent Eden Prairie lighting complaints, color has been the issue rather than the brightness. She noted the Police Department has a light
meter. The change from incandescent to LED bulbs can appear to have a
difference in brightness.
Klima showed a slide depicted the color spectrum of lights. The higher the
number Kelvins in a light, the cooler the color is. Staff has found that other communities do not regulate the number of Kelvins in lighting. There are a
handful of communities in Minnesota which regulate a dark sky curfew or hours.
Nelson asked if there is a requirement for lighting to be LED. Klima noted the
same question came up at a Planning Commission meeting. Code does not
require LED lighting, but developers have stated LED lighting is an industry standard.
Nelson asked if the City should require LED in a future code change. Klima stated it is the purview of the Council to make such a decision. Staff has not
found such a requirement in other communities, likely because it is now an
organic standard.
Nelson asked if Eden Prairie has any dark sky requirements or require lighting
be pointed down. Klima stated the code amendment would require all lighting
to be downcast and cutoff. As for uplighting for features such as art of flag, it
must be approved through a Planned Unit Development process.
Narayanan asked if the codes in question apply to fronts of businesses or parking
lot lighting. Klima stated the amendment addresses wall lighting and pole
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lighting but not signage. For example, if there were a development project proposed, they would have to include a photometric plan reflecting the locations of lighting and measurement of lights at various locations in the property line.
Store front signage is a separate code. Narayanan asked if there would be off-hour lightings. Klima stated the current
lighting standard does not require any lights be dimmed or turned down. Narayanan asked if the City has received complaints about lighting. Klima
stated there has been two lighting-related complaints since her time with Eden Prairie. In both scenarios, there has been a lighting measurement and all issues
have been resolved. The complaints have been from residents who have been
concerned about brightness.
Freiberg asked if the City lights would need to be changed in terms of starkness.
Ellis stated Xcel Energy has updated all of their LED lighting across the State and has replaced the dull yellow light with 3000 Kelvin LED lights. There are
varying wattages depending on the size of the street.
Case asked what the 0.5 candlelight looks like. Klima stated Staff has
reviewed all development projects, and they are in compliance with the code.
She noted they have looked at Grace Church as it is a large structure in a residential area, and it complies with City code.
Case stated it is important for all parts of a parking lot to be safe. However, large parking lots give off a lot of light even when there may not be a need
overnight. Case asked how they can reconcile those two things. Klima stated
the amendment does not address the issue, and it would require additional research. Case stated he would be comfortable moving forward with the
proposed amendment and added he would like Staff to research his question
further.
Narayanan noted technology has changed immensely in the last ten years, and
motion-activated lighting is much more affordable now. Motion sensors could be used to address the issue mentioned by Mayor Case.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Freiberg, to close the public hearing
and to approve the 1st Reading of the Ordinance to Amend City Code Chapter
11 relating to Lighting. Motion carried 5-0.
X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Toomey, to approve the payment of
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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 Water Challenge (Resolution No. 2022-59)
Case stated the Mayor’s Water Challenge is a national competition of sorts. A city wins by getting the largest amount of residents to sign up
to commit to decrease their water usage during a particular month.
Eden Prairie is currently in second place.
Getschow noted the competition is divided based on the size of the
City. Eden Prairie has always done well, but one year they placed in the top five at the end of the Challenge.
Case added Eden Prairie has been making headway in decreasing water usage. Getschow stated residents can make a pledge at
www.mywaterpledge.com.
MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution
No. 2022-59 supporting the Wyland Mayor’s Challenge for Water
Conservation. Motion carried 5-0. B. REPORT OF CITY MANAGER
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
CITY COUNCIL MINUTES April 5, 2022
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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 7:43 p.m.
Respectfully submitted,
_________________________
Nicole Tingley, City Clerk
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action Motion: Approve the licenses listed below
Gambling/Bingo Organization: The Preserve Association 50th Anniversary Celebration Place: Preserve Community Center
11221 Anderson Lakes Parkway
Date: July 22, 2022
Gambling/Raffle Organization: Eden Prairie Noon Rotary
Festival of Jazz/Rib Fest
Place: Staring Lake Park 14800 Pioneer Trail Date: June 12, 2022
Gambling/Raffle
Organization: At The Turn Place: Olympic Hills Golf Club 10625 Mount Curve Road Date: September 20, 2022
Temporary Liquor Organization: Eden Prairie Noon Rotary Event: Festival of Jazz / Rib Fest Date: June 12, 2022
Place: Staring Lake Park
14800 Pioneer Trail
Temporary Liquor Organization: City of Eden Prairie
Event: Board & Commission Banquet
Date: May 12, 2022 Place: Garden Room of Eden Prairie 8080 Mitchell Road
VIII.A.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Chick-Fil-A
ITEM NO.:
VIII.B.
Requested Action Move to:
• Approve the 2nd Reading of an Ordinance for Planned Unit Development District Review with waivers on 1.27 acres
• Adopt the Resolution for Site Plan Review on 1.27 acres
• Approve the Second Amendment to the Development Agreement for Flying Cloud Commons Synopsis This is the final reading for Chick-Fil-A. The applicant is requesting approval to make alterations
to their approved site plan and request additional Planned Unit Development (PUD) waivers. Background On March 15, 2022, City Council approved the 1st reading of the Ordinance for the PUD and directed staff to prepare a Development Agreement.
The property is located at the intersection of Flying Cloud Drive and Prairie Center Drive. Chick-Fil-A is part of Flying Cloud Commons retail, the third phase of the Castle Ridge Redevelopment project. The site plan was approved on February 2, 2021, and the current site plan is largely the same as the original site plan. New to the amended site plan, Chick-Fil-A will
be constructing two (2) full drive-through lanes, reconfiguring the parking lot to accommodate the continuous double drive-through lane, and constructing a detached canopy structure over a portion of the drive-through off the northeast side of the building. The applicant has requested PUD waivers for parking lot islands width and size requirements,
the required side yard setback for the detached canopy structure, and drive-through signage, which will be granted with the approval of the Second Amendment to the Development Agreement. Background
The 120-day review period expires on May 7, 2022. Attachments 1. Ordinance for PUD 2. Ordinance Summary
3. Resolution for Site Plan 4. Second Amendment to the Development Agreement for Flying Cloud Commons
CHICK-FIL-A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022
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 C-COM Zoning District as -2022-PUD-_-2022 (hereinafter "PUD-_-2022”).
Section 3. The City Council hereby makes the following findings:
A. PUD-_-2022 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2022 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-_-2022 are justified by the design of the
development described therein.
D. PUD-_-2022 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 C-COM Zoning District as Planned Unit Development PUD-_-
2022 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 Second Amendment to the Development Agreement for Flying Cloud Commons dated as of
April 19, 2022 entered into between KTJ 331, LLC., a Minnesota limited liability company, and
the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2022, 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
15th Day of March, 2022, 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 19th day of April, 2022.
ATTEST:
__________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2022.
EXHIBIT A
PUD Legal Description Legal Description A Lease Parcel over, under and across that part of the following described property in Outlot B, CASTLE RIDGE 3RD ADDITION, Hennepin County, Minnesota described as follows:
Beginning at the most southerly corner of Outlot B, CASTLE RIDGE 3RD ADDITION; thence North 48 degrees 28 minutes 47 seconds West an assumed bearing along the southwesterly line of said Outlot B a distance of 190.21 feet; thence North 45 degrees 11 minutes 50 seconds East 50.67 feet; thence northeasterly a distance of 76.16 feet, along a
tangential curve concave to the northwest having a radius of 300.00 feet, a central angle of 14 degrees 32 minutes 42 seconds; thence North 30 degrees 39 minutes 08 seconds East tangent to said curve a distance of 30.09 feet; thence northerly a distance of 56.63 feet, along a tangential curve concave to the west having a radius of 80.00 feet, a central angle of 40 degrees 33 minutes 36 seconds ; thence North 80 degrees 05 minutes 32 seconds East
not tangent to the last curve 30.00 feet; thence South 70 degrees 05 minutes 13 seconds East 49.54 feet; thence North 89 degrees 43 minutes 15 seconds East 53.36 feet; thence North 83 degrees 24 minutes 00 seconds East 68.84 feet; thence North 88 degrees 44 minutes 34 seconds East 35.52 feet, more or less, to the westerly right of way of Flying Cloud Drive; thence South 2 degrees 44 minutes 12 seconds West along said right of way a distance of
23.61 feet; thence continuing southwesterly along said right of way a distance of 340.47 feet, being a non tangential curve concave to the northwest having a radius of 1240.87 feet, a central angle of 15 degrees 43 minutes 15 seconds and the chord of said curve bears South 35 degrees 38 minutes 54 seconds West to the point of beginning.
Abstract and Torrens Property Lease Parcel Area: 55,420 square feet = 1.272 acres.
CHICK-FIL-A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
ORDINANCE NO. __-2022-PUD-__-2022 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 C-COM 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 ______________________, 2022. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR CHICK-FIL-A BY CHICK-FIL-A WHEREAS, Chick-Fil-A, has applied for Site Plan approval of Chick-Fil-A for amendments to an approved site plan and additional Planned Unit Development waivers; WHEREAS, zoning approval for the Chick-Fil-A was granted by an Ordinance approved by the City Council on April 19, 2022; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its February 14, 2022 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
March 15, 2022 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Chick-Fil-A,
subject to the Second Amendment to the Development Agreement between KTJ 331, LLC., a
Minnesota limited liability company and the City of Eden Prairie, reviewed and approved by the City Council on April 19, 2022.
ADOPTED by the City Council of the City of Eden Prairie this 19th day of April, 2022.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Code Amendment - Lighting
ITEM NO.:
VIII.C.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance to Amend City Code Chapter 11 relating to Lighting
• Adopt a Resolution Approving the Summary Ordinance and ordering the publication of said
summary. Synopsis
This is the final approval of an ordinance relating to Lighting. Attachments 1. Ordinance
2. Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ____-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03 RELATING TO SITE LIGHTING; 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. City Code Chapter 11, Section 11.03, Subd. 4, is hereby amended by deleting Item E
and the paragraph following Item E beginning “Lighting illumination . . .” in their entirety and replacing them with the following new Item E: E. Lighting. The following lighting illumination standards apply to all districts except Park
and Open Space:
1. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, must not be visible beyond the limits of the immediate site from which it originates.
2. Lighting illumination from the property may not exceed 0.5-foot candles
measured at the property line.
3. Pole lighting height may not exceed 25 feet on a maximum three (3) foot base for a total maximum height of 28 feet, and the light source must have downcast shoe box lens.
4. Wall lighting placed on buildings must be positioned to cast light downward
toward the ground, and the light source must include a shield directing light to the ground. Upward lighting on or projected onto building exteriors is subject to approval by the Council through Site Plan Review or the City Planner through Administrative Site Review if the criteria are met.
5. Bare incandescent, fluorescent, or LED lightbulbs are not permitted in locations
where they can be viewed from adjacent property or public right-of-way with the exception of the area of the required setback on adjacent property.
6. For lighting non-horizontal surfaces, such as flag poles, landscaping, fountains, and art or statuary, luminaires must be located, aimed, and shielded so as to not
project their beam onto adjacent properties, past the object being illuminated, or onto public right-of-way. The lighting must be fitted with devices such as shields, barn doors, baffles, louvers, skirts, or visors to minimize spill light and glare impacts.
7. All canopy lighting must be recessed lighting, flush mounted with the canopy ceiling, and have a flat glass lens, except decorative lighting under canopies at
building entries.
Section 2. 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 3. This ordinance will 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 5th day of April 2022, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 19th day of April, 2022.
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___2022 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2022 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 19th day of April, 2022.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2022 is lengthy.
B. The text of summary of Ordinance No. __-2022, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2022 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on April 19th, 2022. ___________________________
Ronald A. Case, Mayor
ATTEST:
________________________ Nicole Tingley, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING IN ITS ENTIRETY CITY CODE CHAPTER 11, SECTIONS 11.03, SUBD. 4 RELATING TO LIGHTING; 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 amends Chapter 11, Section 11.03, Subd. 4 of the City Code by
deleting Item E and the paragraph following Item E in their entirety. The ordinance also includes language for a new Item E containing performance standards for glare, lighting illumination, height and design of pole lighting, canopy lighting, and lighting non-horizontal surfaces.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
____________________________ ______________________________
Nicole Tingley, City Clerk Ron Case, Mayor PUBLISHED in the Sun Sailor on ____________, 2022.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Julie Klima, Community Development Director, Jeanne Karschnia, Housing and Community Services
ITEM DESCRIPTION:
Approve Use of $62,423.26 in CDBG –CV CARES Act Funds for Homeless Prevention
ITEM NO.:
VIII.D.
Requested Action
Move to: Approve the use of $62,423.26 in Community Development Block Grant Coronavirus (CDBG-CV) funds for People Reaching Out to People (PROP) to address the housing needs of Eden Prairie residents affected by COVID-19. Synopsis PROP has received increased requests for assistance to cover late rent payments, prevent non-renewal of leases and ensure housing stability for families adversely affected by COVID-19. PROP is requesting $62,423.26 in CDBG-CV funds for homeless prevention. Since May 2020, PROP has been allocated $163,000 in CDBG-CV funds to address the housing needs of Eden
Prairie residents affected by COVID-19 and continues to see high demand for these services. The end of the RentHelpMN program and the subsequent threat of evictions has created greater hardships for PROP’s client base and additional funds are needed. Background Information
In 2020, the U.S. Department of Housing and Urban Development (HUD) announced that the City of Eden Prairie has been allocated $399,571 in Community Development Block Grant Coronavirus (CDBG-CV) funds to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs through the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act). Attachment PROP Request Letter
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Julie Klima/David Lindahl
Community Development
ITEM DESCRIPTION:
Lease Amendment with EP School District
ITEM NO.:
VIII.E.
Requested Action
Move to: Approve First Amendment to Lease Agreement between the City of Eden Prairie and Independent School District No. 272 for space located in the Eden Prairie City Center. Synopsis
The School District is leasing an additional 750 square feet of space in the lower level of the City Center on a temporary basis for staff displaced during remodeling at the school district administrative offices. The rental rate will be the same as that charged for the Tassel space. Background Information
The School District vacated most of the lower-level space at the end of 2021 but continue to lease about 10,000 square feet for the Tassel Program.
Attachment
Lease amendment
1 of 5
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE
AND INDEPENDENT SCHOOL DISTRICT NO. 272
This First Amendment to Lease Agreement (“Lease”) is made as of this 19th day of April, 2022 by and between The City of Eden Prairie, a Minnesota municipal corporation (“Landlord”) and Independent School District No. 272, a public school corporation under the laws of Minnesota
(“Tenant”).
Recitals A. Landlord and Tenant are parties to that certain Lease Agreement between the City of Eden
Prairie and Independent School District No. 272 dated April 20, 2021 (the “Lease”).
B. The Lease Agreement provides for Tenant’s lease of approximately 10,000 square feet of space in Eden Prairie City Center to house its TASSEL Transition Program (the “TASSEL Space”).
C. Tenant has requested the temporary use of an additional 750 square feet of space in the lower level of City Center for office purposes. D. Landlord is willing to temporarily lease the additional space to Tenant.
E. Landlord and Tenant desire to amend the Lease to provide for the temporary use of the additional space. Now, Therefore, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree to
the following: 1. Defined terms used in the Lease will have the same meaning when used in this First Amendment.
2. For the period beginning March 7, 2022 and expiring on August 31, 2022 (the “Temporary Lease Area Term”), the Lease is amended to add to the “Premises” (as defined in Section 1.3 of the Lease) the 750 square foot portion of the Building highlighted on Exhibit A to this First Amendment (the “Temporary Lease Area”). As applicable only to the Temporary
Lease Area, the defined term “Term” as used in the Lease will mean the Temporary Lease
Area Term. 3. Tenant will pay rent for the Temporary Lease Area in the amount of $7.35 per square foot annually, which results in monthly rent of $459.38 (the “Temporary Rent”). Tenant will
pay the Temporary Rent to Landlord in the same manner as it pays Base Rent as provided
in Section 6.2 of the Lease. The Temporary Rent is all-inclusive and no Additional Rent as defined Section 7 of the Lease will be due for the Temporary Lease Area.
2 of 5
4. Except as stated in this First Amendment, all terms and conditions of the Lease will also apply to the Temporary Lease Area during the Temporary Lease Term.
5. All term and conditions of the Lease as applicable to the original “Premises” remain in full force and effect.
IN WITNESS WHEREOF, Independent School District No. 272 has caused this Lease to
be executed in its corporate name by its duly authorized officers and the City of Eden Prairie has caused this Lease to be executed in its name by its duly authorized officers as of the date first above written.
[Signature and notary page follows]
3 of 5
INDEPENDENT SCHOOL DISTRICT NO. 272
By: _________________________________ Josh Swanson, Superintendent
By:__________________________________
Jason Mutzenberger, Executive Director of Business Services STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) This instrument was acknowledged before me on _______________________ by Josh
Swanson and Adam Seidel, the Superintendent and Board Chair, respectively, of Independent
School District No. 272, a Minnesota public school corporation, on behalf of the public school corporation.
_____________________________
Notary Public
4 of 5
CITY OF EDEN PRAIRIE
By:_________________________________ Ronald A. Case, Mayor
By:__________________________________
Rick Getschow, City Manager
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me on _______________________ by Ronald
A. Case and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of the municipal corporation. _____________________________
Notary Public
5 of 5
Exhibit A
To First Amendment
Depiction of Temporary Lease Area
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
April 19, 2022
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
Approve Agreement for City Center Fleet EV Charging System Pilot Program with Xcel Energy
ITEM NO.
VIII.F.
Requested Action
Move to: Approve 10-year service agreement with Xcel Energy for EV charging system infrastructure installation as well as the purchase and installation of 5 dual port charging stations for the City Center
parking lot. Synopsis This agreement will authorize Xcel Energy to install the infrastructure necessary to support EV charging
station ports at City Center for use by City fleet vehicles. This infrastructure includes conduit, electrical wiring, junction boxes, transformers and other items to support EV charging ports. There is no cost for this portion of the project. This agreement also authorizes the City to purchase from Xcel Energy 5 dual port chargers from Xcel
for $20,917.35. The City will own these charging ports and Xcel Energy will install them as part of the project. This cost will be funded from the approved Capital Improvement Plan’s 2021 and 2022 projects for EV charger installation There will also be yearly operational expenses for these chargers which is expected to be approximately
$2,500 and will be funded through Fleet Services. Background Staff worked with Xcel Energy to get accepted into Xcel Energy’s Fleet EV Pilot Program which is a no
cost service to install make-ready infrastructure for fleet EV chargers. This program also allows for
separate metering of chargers for Xcel Energy’s low cost, off-peak charging pricing as well as proper
budget allocation of utility cost. All infrastructure up to the chargers will be owned and maintained by
Xcel Energy. Staff selected purchasing chargers through Xcel Energy to be City owned and Xcel Energy
installed/maintained. The yearly operational cost is for cloud connection to have computer dashboard
access to telemetrics, rfid access control and warranty for the charging stations themselves. Facilities
and Public Works staff worked to select the best location and number of charging ports to support
current and future fleet EV needs. Charger locations in the parking lot are shown on the Site Plan
attached. The infrastructure installed will be capable of expansion for further fleet EV needs as
necessary via updating this agreement.
Attachments City Center MN Electric Vehicle Fleet Pilot Customer Service Agreement Site Plan City Center 8080 Mitchell Rd-E1
ELECTRIC VEHICLE FLEET PILOT SERVICE AGREEMENT
THIS ELECTRIC VEHICLE FLEET PILOT SERVICE AGREEMENT (the “Agreement”), made this 19th day
of April, 2022 (“Effective Date”) by and between NORTHERN STATES POWER COMPANY, a
Minnesota corporation, doing business as Xcel Energy (“Xcel Energy”), 414 Nicollet Mall, Minneapolis,
Minnesota 55401, and the City of Eden Prairie, a Minnesota municipal corporation, 8080 Mitchell
Road, Eden Prairie, MN 55344 (“Customer”). Customer and Xcel Energy may be referred to herein
individually as a “Party” or collectively as the Parties.
WITNESSETH: That the Parties hereto, each in consideration of the promises of the other in this
Agreement, agree as follows: 1.Definitions
•“Applicable Laws” means all applicable federal and state laws, codes, ordinances, rules,
regulations, judgments, decrees, directives, guidelines, policy requirements, and orders of any
governmental person having jurisdiction over the Pilot Project, the practices involved in the Pilot
Project, or any work Xcel Energy or Customer performs.
•“Calendar Days” means every day shown on the calendar, beginning and ending at midnight.
•“Charging Equipment” means the electric vehicle charging equipment installed at the Customer
Location used to deliver electricity from the EV Supply Infrastructure to an electric vehicle.
Charging Equipment includes the ungrounded, grounded, and equipment grounding conductors,
the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets or
apparatuses associated with the installed device, but does not include EV Supply Infrastructure.
•“Customer Location” means 8080 Mitchell Road, Eden Prairie, MN 55344 (“City Center”).
•“Dispute” means a disagreement between Xcel Energy and Customer that arises under or that
relates to the Agreement.
•“EV Supply Infrastructure” means all the electric vehicle charging infrastructure (excluding the
Charging Equipment) and all associated equipment installed by Xcel Energy at the Customer
Location necessary to connect the Charging Equipment to Xcel Energy’s electric distribution
system, and includes but is not limited to the following: poles, conduits, ducts, cables, concrete
pads, manholes, handholes, supporting foundations, switchboards, and electrical wiring and
conduit between the transformer, main power distribution cabinet, and Charging Equipment.
•“Facilities” means any privately, publicly, or cooperatively owned line, system, and or other utility
item that produces, transmits, or distributes communications, power, cable, television, electricity,
light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway
drainage, signal systems, and other products or services that serve the public, and/or a privately-
owned irrigation system. Any necessary appurtenances to each Facility are considered a part of
it.
•“Force Majeure Event” means fire, floods, explosion, catastrophe, accident, declared war, riot,
acts of God, acts of terrorism, insurrection, strike, and applicable laws that prevent performance,
to the extent (i) such event is beyond a Party’s control, that due diligence and use of reasonable
efforts by the Party claiming the Force Majeure Event could not have avoided or prevented, (ii)
that materially and adversely affects a Party’s ability to meet its obligations under this Agreement,
and (iii) the Party claiming the Force Majeure Event gives prompt written notice of the same to
the other Party. A Force Majeure Event does not include events due to the acts or omissions of
the Party claiming the Force Majeure Event.
•“Not Public Data” has the same definition as under Minn. Stat. § 13.02, subd. 8a, and means any
Customer or Xcel Energy data which is classified by statute, federal law, or temporary
classification as confidential, private, nonpublic, or protected nonpublic.
•“Pilot Project” means the activities of both Parties during the Term that relate to the installation
and ongoing maintenance of EV Supply Infrastructure and Charging Equipment to support EV
charging at the Customer Location.
•“Working Days” means any Calendar Day, excluding Saturdays, Sundays, and legal public holidays,
as set forth in 5 U.S.C. § 6103(a).
2.Eligibility and Availability
2.1 To be eligible to participate in the Pilot Project and prior to Xcel undertaking any Xcel
Energy responsibility set forth in Section 4, Customer must provide documentation
acceptable to Xcel Energy evidencing that Customer meets all of the following
requirements (the “Customer Requirements”):
2.1.1 Qualify as a non-residential customer;
2.1.2 Verify that Customer is a fleet operator who owns or leases five or more light-,
medium-, or heavy-duty vehicles;
2.1.3 Own or lease the Customer Location, or be Xcel Energy’s customer of record
associated with the premises electric service meter at the Customer Location;
2.1.4 Provide express written consent, in a form acceptable to Xcel Energy in its sole
discretion, from the owner of the Customer Location to grant Xcel Energy the
appropriate real property rights and continuous access to EV Supply
Infrastructure installed, owned, and maintained by Xcel Energy, including any
necessary license agreements or easements signed by the owner of the Customer
Location and approved by Xcel Energy;
2.1.5 During the Term, agree to take electric service on one of Xcel Energy’s published
A87, A88, or A89 rates, or any rate that replaces the A87, A88, or A89 rates;
2.1.6 Ensure all electric load is separately metered from any other load served at the
Customer Location;
2.1.7 Commit to installing a minimum four ports per site, or, in cases with less than four
ports, a minimum of 50 kW of charging capacity;
2.1.8 Provide proof, acceptable to Xcel Energy in its sole determination, that Customer
has purchased and has the ability, financial, technical or otherwise, to install
Charging Equipment that meets Xcel Energy’s technical and safety standards and
that has smart-charging capabilities.
2.2 To be eligible to participate in the Pilot Project, the Customer Location must provide
documentation acceptable to Xcel Energy evidencing that Customer meets the following
requirements (the “Customer Location Requirements”):
2.2.1 Be located in Xcel Energy’s service territory; and
2.2.2 Meet Xcel Energy’s minimum safety and reliability requirements;
2.2.3 Include a location acceptable to Xcel Energy, in Xcel Energy’s sole determination,
to deploy EV Supply Infrastructure in a cost-effective manner, based on factors
such as proximity to transformers, length of trenching, and available transmission
and distribution capacity, as determined by Xcel Energy in its sole discretion.
3.Customer Responsibilities
3.1 Except for the costs incurred by Xcel Energy to undertake the responsibilities set forth in
Section 4 of this Agreement, Customer will pay all other costs of the Pilot Project.
3.2 Customer may opt to either supply and install Charging Equipment itself or have Xcel
Energy supply and install Charging Equipment in connection with the Pilot Project. If
Customer opts to have Xcel Energy supply and install Charging Equipment (“Optional
Charging Equipment”), Customer must notify Xcel Energy of its decision within thirty (30)
Calendar Days of the Effective Date, and at the same time Customer must elect to have
Xcel Energy supply and install the Optional Charging Equipment pursuant to either the
Bundled Option or the Pre-Pay Option under Xcel Energy’s Electric Vehicle Fleet Pilot
Service Tariff. Under the Bundled Option, Customer’s monthly bill will include a charge
for the installed cost of all Optional Charging Equipment supplied and installed by Xcel
Energy. Under the Pre-Pay Option, Customer pays Xcel Energy for the installed cost of
Optional Charging Equipment prior to beginning service under the Electric Vehicle Fleet
Pilot Service Tariff and pays a monthly Pre-Pay Option service charge.
3.3 Customer will assist in coordinating installation and maintenance of the EV Supply
Infrastructure and Optional Charging Equipment, as applicable, at the Customer Location
with Xcel Energy and its contractor(s), including any applicable Charging Equipment
manufacturers, vendors, or subcontractors, who provide services in connection with
installing and maintaining the EV Supply Infrastructure. This will include issuing or
obtaining any necessary license to allow Xcel Energy and its contractor(s) access to the
Customer Location for the installation and maintenance of the EV Supply Infrastructure
and Optional Charging Equipment, as applicable. Customer will also meet regularly with
Xcel Energy to review and coordinate time schedules and track EV Supply Infrastructure
and Charging Equipment installation status.
3.4 Unless Customer opts to have Xcel Energy supply and install Optional Charging
Equipment, Customer will be responsible for the procurement of all necessary Charging
Equipment for the Pilot Project at the Customer Location that meet the Customer
Requirements within thirty (30) Calendar Days of the Effective Date, and shall provide
proof of such purchase to Xcel Energy. Failure to provide proof of purchase within thirty
(30) Calendar Days after the Effective Date will void any of Xcel Energy’s obligations under
Section 4 of this Agreement, and Xcel Energy may terminate, in its sole discretion, this
Agreement immediately upon written notice to Customer in the event of such failure.
3.5 Customer will provide Xcel Energy with accurate and complete information regarding the
Pilot Project in order to permit Xcel Energy to successfully install and complete the EV
Supply Infrastructure and Optional Charging Equipment, as applicable, for the Pilot
Project. Customer consents to and permits Xcel Energy and its contractor(s), including
any applicable Charging Equipment manufacturers, vendors, and subcontractors, who
provided services in connection with installing and maintaining the EV Supply
Infrastructure and Optional Charging Equipment, as applicable, to have remote access in
order to access, collect, and share data from the Charging Equipment with respect to
charging activity, vehicle usage, and technical performance (the “Data”) during the Term
of this Agreement. In addition to the Data, Customer agrees to provide to Xcel Energy the
following information:
(1) on an annual basis: (a) number of charging ports at the Customer Location,
and individual port capacities; (b) costs to install Charging Equipment; and (c) any
public and/or private funds leveraged to install or maintain the Charging
Equipment;
(2) on a monthly basis: (a) number of vehicles using the Charging Equipment; and
(b) percentage of charging that aligns with onsite generation at Customer
Location, if applicable; and
(3) any other information relating to the Charging Equipment and its usage that
Xcel Energy may request from time to time.
Except for information or documents properly designated by Customer as “Not Public
Data,” Xcel Energy shall not be prohibited or restricted from disclosure or use of any Data,
information, or documents it receives from Customer, nor is Xcel Energy prohibited or
restricted from disclosing “Not Public Data” in connection with any legal or regulatory
proceeding, provided Xcel Energy provides Customer with notice pursuant to Section 7.9.
3.6 Customer will pay for power consumed by the EV Supply Infrastructure and dispensed
from the Charging Equipment at Xcel Energy’s A87, A88, or A89 service rate schedule, as
applicable, or any subsequent service rate schedule which replaces or modifies the A87,
A88, or A89 service rate schedules. If at any point during the Term Xcel Energy’s fleet
charging pilot is taken to scale as a program with terms different from the A87, A88, or
A89 service rate schedules, or if the A87, A88, or A89 service rate schedules are modified
for any reason, Customer may switch to the modified tariff for the remainder of the Term,
and Customer shall pay for power consumed by the EV Supply Infrastructure and/or
dispensed from the Charging Equipment at such modified tariff upon the effective date
of the new tariff.
3.7 After installation of both the Charging Equipment and EV Supply Infrastructure is
completed, Customer will operate and maintain any Charging Equipment installed by
Customer at the Customer Location for the Term of this Agreement, and guarantees the
safe and reliable operation of the Charging Equipment installed by Customer in
accordance with applicable laws, rules and regulations. During the Term, Customer grants
Xcel Energy, and its officers, agents, representatives, employees, and contractors a right
of ingress, egress, and physical disturbance to the Customer Location on a seven (7) day,
twenty-four (24) hour per day basis as required to construct, install, maintain, operate,
repair, and remove EV Supply Infrastructure and Optional Charging Equipment, as
applicable, in accordance with the provisions of this Agreement. The general manner of
such ingress and egress is subject to coordination with Customer.
3.8 Customer will promptly notify Xcel Energy in the event Customer becomes aware that the
Charging Equipment or EV Supply Infrastructure fails to operate or otherwise requires
repair.
3.9 In the case of total equipment failure of all or a portion of the EV Supply Infrastructure
and Optional Charging Equipment, as applicable, that is caused by Customer, any of
Customer’s employees, agents, or partners, and not covered by a manufacturer’s
warranty, Customer may either request that Xcel Energy replace the necessary equipment
at Customer’s expense or terminate this Agreement pursuant to Section 5.1.
3.10 Customer will maintain the area surrounding the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, including, but not limited to, pavement maintenance,
pruning of vegetation, snow removal, and the repair of security lighting.
3.11 Customer may remedy minor issues with the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, that do not require qualified technicians to address,
such as resetting infrequently tripped circuit breakers.
3.12 Customer will participate in surveys initiated by Xcel Energy and provide feedback about
the Pilot Project. Customer will permit Xcel Energy to conduct surveys of fleet EV drivers
and transit users riding electric buses, as applicable, related to end-user satisfaction of
the Pilot Project, and electric vehicles and electric vehicle charging infrastructure in
general. Xcel Energy may freely use such feedback without restriction.
4.Xcel Energy Responsibilities
4.1 Xcel Energy and/or qualified and competent contractors hired by Xcel Energy will prepare
construction drawings (“Construction Drawings”) for the EV Supply Infrastructure and
Optional Charging Equipment, as applicable, at location(s) within the Customer Location
determined by Customer in coordination with Xcel Energy. The Construction Drawings
will show the proposed EV Supply Infrastructure and Optional Charging Equipment, as
applicable, and its location(s) within the Customer Location. Prior to Xcel Energy
commencing construction of the EV Supply Infrastructure, Customer must approve the
Construction Drawings. Once approved, the Construction Drawings may be modified only
with the mutual consent of both Parties.
4.2 Xcel Energy will prepare and coordinate the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, installation schedule (“Installation Schedule”) with
designated Customer staff as to minimize disruption to Customer’s operations. Xcel
Energy will also meet regularly with Customer staff to review and coordinate time
schedules and track EV Supply Infrastructure and Charging Equipment status. Prior to
Xcel Energy commencing construction of the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, Customer must approve the Installation Schedule.
Once approved, the Installation Schedule may be modified only with the mutual consent
of both Parties.
4.3 Xcel Energy will install the EV Supply Infrastructure and Optional Charging Equipment, as
applicable, pursuant to the Installation Schedule and consistent with the Construction
Drawings in a good and workmanlike manner, with qualified and competent contractors,
in compliance with all applicable codes and engineering standards, and in compliance
with all Applicable Laws.
4.4 Xcel Energy will retain title and ownership of the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, once installation and commissioning are completed.
Customer shall acquire no right, title, or interest in any portion of the work performed by
Xcel Energy or Xcel Energy’s equipment, EV Supply Infrastructure, Optional Charging
Equipment, or Facilities unless transferred to Customer under the provisions in Section 5.
The work constructed and installed by Xcel Energy shall be and remain the personal
property of Xcel Energy, shall not be considered a fixture of the property, shall not attach
to the realty, and shall not be alienable or lienable by Customer or any third party for the
Term of this Agreement, and Customer shall not allow lien claims, third party interest or
any encumbrances to be placed on the work, the EV Supply Infrastructure, and/or the
Optional Charging Equipment. Xcel Energy shall not permit any mechanics’ or other liens
to be placed on Customer property during the Term of this Agreement caused by or
resulting from any work performed, material, or supplies furnished by or at the request
of Xcel Energy or its contractors.
4.5 Xcel Energy shall own, operate, and maintain at its own expense the EV Supply
Infrastructure and Optional Charging Equipment, as applicable, at the Customer Location
for the Term of this Agreement, unless terminated earlier as provided herein. Xcel Energy
may engage one or more third-party contractors to complete its obligations under this
Agreement. Xcel Energy shall not knowingly award contracts to contractors who have
been or are suspended or debarred by the State of Minnesota or the United States. Xcel
Energy shall be responsible for supervising any third-party contractor it chooses to retain.
4.6 After installation of, and while Xcel Energy owns the EV Supply Infrastructure and
Optional Charging Equipment, as applicable, Xcel Energy shall conduct emergency repairs
on the EV Supply Infrastructure and Optional Charging Equipment on an as needed basis
in accordance with the following:
4.6.1 Requests for emergency repairs can be made by Customer or Xcel Energy
staff.
4.6.2 Customer’s requests for repair shall be made via telephone, email, or text
message to an agreed-upon representative at Xcel Energy.
4.6.3 All emergency repairs shall be completed by qualified technicians
selected by Xcel Energy.
4.6.4 Emergency repair service calls shall begin with inspection of
malfunctioning EV Supply Infrastructure or Optional Charging Equipment, a
diagnosis of the potential issue, and an expected time required for repair.
4.6.5 Xcel Energy shall use commercially reasonable efforts to repair the EV
Supply Infrastructure or Optional Charging Equipment, as applicable, in a timely
manner.
4.6.6 If the EV Supply Infrastructure and Optional Charging Equipment cannot
be repaired within one hour of the service technician’s arrival, Customer shall be
notified and given an estimated time the equipment is anticipated to be repaired.
4.7 After installation of, and while Xcel Energy owns the EV Supply Infrastructure and
Optional Charging Equipment, as applicable, Xcel Energy may inspect the EV Supply
Infrastructure and Optional Charging Equipment at the Customer Location for general
wear or malfunction on a periodic basis as determined by Xcel Energy. Such inspection
may include, but is not limited to the following:
4.7.1 Xcel Energy shall have the right, but not the obligation, to inspect the Charging
Equipment for initial and ongoing integration with the EV Supply Infrastructure.
4.7.2 If periodic inspections reveal EV Supply Infrastructure or Optional Charging
Equipment failure, Xcel Energy shall request on-site technical services for
inspection, diagnosis and emergency repair as set forth in Section 4.6.
4.8 Xcel Energy shall be responsible for the cost of purchasing and installing the EV Supply
Infrastructure and Optional Charging Equipment, as applicable. Xcel Energy shall also be
responsible for all costs that Xcel Energy, in its sole discretion, deems reasonably required
for operating and maintaining the EV Supply Infrastructure and Optional Charging
Equipment (except that Customer will pay for all power consumed by the EV Supply
Infrastructure and/or dispensed from the Charging Equipment, and any costs required
under Section 3.9). All payments for this EV Supply Infrastructure and Optional Charging
Equipment will be made directly by Xcel Energy to the third-party contractor retained to
complete the work, and Xcel Energy will have no financial obligation for any payments to
Customer.
4.9 Xcel Energy will promptly notify Customer in the event Xcel Energy becomes aware that
the EV Supply Infrastructure or Optional Charging Equipment fails to operate or otherwise
requires repair.
4.10 In the case of total equipment failure of all or a portion of the EV Supply Infrastructure
and Optional Charging Equipment, as applicable, that is not caused by Customer, any of
Customer’s employees, agents, or partners, and not covered by a manufacturer’s
warranty, Xcel Energy may either replace the necessary equipment at Xcel Energy’s
expense or terminate this Agreement pursuant to Section 5.1.
5.Term and Termination
5.1 This Agreement shall be effective upon the Effective Date. The term of this Agreement
(the “Term”) shall be for a ten (10) year period from the Effective Date. Either Party may
terminate this Agreement for any reason or no reason, without cause, at any time by
providing the other Party sixty (60) Calendar Days prior written notice. If Customer
terminates this agreement pursuant to this Section 5.1, Xcel Energy shall sell to Customer
and Customer shall buy all EV Supply Infrastructure, on an “as is” basis, without any
warranty (express or implied), at the undepreciated balance of the EV Supply
Infrastructure, as reasonably determined by Xcel Energy based on Xcel Energy’s cost to
purchase and install the EV Supply Infrastructure and the expected lives of the
components of the EV Supply Infrastructure as of the date of termination. If Xcel Energy
terminates this Agreement pursuant to this Section 5.1, Xcel Energy shall transfer title of
the EV Supply Infrastructure to Customer, without any payment from Customer, and the
EV Supply Infrastructure will be deemed abandoned in place in “AS IS” condition, without
any warranty (express or implied) by Xcel Energy.
5.2 Either Party may terminate this Agreement if the other party materially breaches any of
its obligations under the Agreement.
5.2.1. Prior to termination pursuant to this Section 5.2, the Party seeking the
termination shall give the other Party written notice of the breach and of the
Party’s intent to terminate. If the breaching Party has not entirely cured the
breach within thirty (30) Calendar Days of the notice (or, if the breach is not one
that can be reasonably cured within thirty (30) Calendar Days, and if the
breaching Party is not working diligently to cure such breach), then the Party
giving the notice may terminate the Agreement without reference to Section 5.1
at any time thereafter by giving a written notice of termination.
5.2.2. If Customer terminates pursuant to this Section 5.2 for Xcel Energy’s material
breach of the Agreement, Xcel Energy shall transfer title of the EV Supply
Infrastructure and Optional Charging Equipment, as applicable, to Customer,
without any payment from Customer, and the EV Supply Infrastructure and
Optional Charging Equipment will be deemed abandoned in place in “AS IS”
condition, without any warranty (express or implied) by Xcel Energy.
5.2.3. Xcel Energy terminates pursuant to this Section 5.2 for Customer’s material
breach of the Agreement, Customer shall buy all EV Supply Infrastructure and
Optional Charging Equipment, as applicable, on an “as is” basis, without any
warranty (express or implied), at the undepreciated balance of the EV Supply
Infrastructure and any Optional Charging Equipment, as reasonably determined
by Xcel Energy based on Xcel Energy’s cost to purchase and install the EV Supply
Infrastructure and Optional Charging Equipment and the expected lives of the
components of the EV Supply Infrastructure and Optional Charging Equipment as
of the date of termination.
5.2.4. A party terminating this Agreement pursuant to this Section 5.2 does not waive
its rights to any remedy at law or in equity for a material breach of the Agreement.
5.3 At least one hundred and eighty (180) Calendar Days prior to the end of the Term of this
Agreement, the Parties shall endeavor to negotiate a mutually agreeable plan for the EV
Supply Infrastructure that will commence at the end of the Term of this Agreement,
including but not limited to the following:
5.3.1 Extension of the Term of this Agreement;
5.3.2 Customer pays Xcel Energy an amount equivalent to the undepreciated balance
of the EV Supply Infrastructure (based on Xcel Energy’s cost to purchase and
install the EV Supply Infrastructure and the expected lives of the components of
the EV Supply Infrastructure) as of the end of the Term of the Agreement, and
title to the EV Supply Infrastructure transfers to Customer in “AS IS” condition,
without any warranties (express or implied) by Xcel Energy; or
5.3.3 Xcel Energy removes, at Xcel Energy’s expense, the portion of the EV Supply
Infrastructure that is above ground, restoring the Customer Location to original
conditions or any other conditions agreed upon by the Parties, and Xcel Energy
retains Title to the remaining portion of the EV Supply Infrastructure (the
“Remaining EV Supply Infrastructure”), and such easement rights as Xcel Energy
may require for the operation, repair, and maintenance of the Remaining EV
Supply Infrastructure for the remainder of its expected life. At the end of the
Remaining EV Supply Infrastructure’s expected life, Xcel Energy shall transfer title
of the Remaining EV Supply Infrastructure to Customer, without any payment
from Customer, and the Remaining EV Supply Infrastructure will be deemed
abandoned in place in “AS IS” condition, without any warranty (express or
implied) by Xcel Energy.
5.4 If, at the end of the Term of this Agreement, the Parties have not come to a mutual
agreement pursuant to Section 5.3 above, the Term of the Agreement shall automatically
renew on a month-to-month basis until the Parties are able to come to a mutual
agreement or until either Party unilaterally terminates the Agreement pursuant to
Section 5.1.
5.5 Upon termination of this Agreement, if Customer opted for Optional Charging Equipment
under the Bundled Service, Customer may either:
5.5.1. Have the Optional Charging Equipment removed at no cost; or
5.5.2. Purchase the Optional Charging Equipment from Xcel Energy on an “as is” basis,
without any warranty (express or implied), at the undepreciated balance of the
Optional Charging Equipment, as reasonably determined by Xcel Energy based on
Xcel Energy’s cost to purchase and install the Optional Charging Equipment.
5.6 Upon termination of this Agreement, if Customer opted for Optional Charging Equipment
under the Pre-Pay Option Service, Xcel Energy will transfer ownership of the Optional
Charging Equipment to Customer at no cost.
5.7 Upon termination of this Agreement, in order to continue receiving electric service,
Customer must sign a new electric service agreement agreeing to take electric service
pursuant to a tariff for which the Customer is then eligible.
6. Warranties, Indemnification, and Limitation of Liability
6.1 Customer represents and warrants that: (i) the execution, delivery and performance of
the Agreement has been duly authorized by all requisite action on the part of Customer,
and Customer has full power and authority to grant the rights and licenses granted by the
Agreement to Xcel Energy, including but not limited to the rights and licenses set forth in
Section 3.3; (ii) this Agreement constitutes the legal, valid, and binding obligation of
Customer; (iii) Customer is and will remain duly licensed, authorized or qualified to do
business, and in good standing; and (iv) it is and will remain in compliance with all
Applicable Laws applicable to it in connection with performance under this Agreement.
6.2 Xcel Energy, itself or through its contractor(s), shall perform the installation of the EV
Supply Infrastructure and Optional Charging Equipment, as applicable, in a safe and
professional manner in accordance with all Applicable Laws. EXCEPT AS EXPRESSLY SET
FORTH IN THIS SECTION 6.2, XCEL ENERGY MAKES OR PROVIDES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AGAINST INFRINGEMENT, WITH
RESPECT TO THE WORK TO BE PERFORMED, SERVICES TO BE PROVIDED, OR EV SUPPLY
INFRASTRUCTURE TO BE DELIVERED UNDER THIS AGREEMENT. IN THE EVENT TITLE TO
EV SUPPLY INFRASTRUCTURE IS TRANSFERRED TO CUSTOMER IN ACCORDANCE WITH
THE TERMS OF THIS AGREEMENT, THE EV SUPPLY INFRASTRUCTURE IS PROVIDED “AS
IS” AND WITH NO WARRANTY OF ANY KIND. XCEL ENERGY DISCLAIMS ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.3 IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL XCEL ENERGY BE
LIABLE TO CUSTOMER AND ITS AGENTS, CONTRACTORS AND EMPLOYEES, FOR SPECIAL,
INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE.
6.4 Subject to the limitations contained in this Agreement, each Party agrees that it will be
responsible for its own acts and the results thereof to the extent authorized by Applicable
Laws and shall not be responsible for the acts of the other Party and the results thereof.
Xcel Energy does not assume any responsibility for the adequacy, safety, design or
satisfactory performance of the Facilities, Customer’s design of any EV Supply
Infrastructure, or the Charging Equipment. Notwithstanding the foregoing, to the fullest
extent allowed by Applicable Laws, Customer shall, at its own expense, defend, indemnify
and hold Xcel Energy harmless from and against any claims, lawsuits, liability, losses,
damages or expenses (including attorney’s fees) arising out of, resulting from or in any
way connected with the: (i) the Charging Equipment; (ii) breach of any warranty set forth
in Section 6.1; (iii) Customer’s, or its employees’, agents’, or contractors’ negligent acts or
omissions or willful misconduct; or (iv) the breach of Section 3.3 (License).
6.5 In no event will Xcel Energy be liable to Customer for any claims, expenses, losses,
damages, or lawsuits arising out of any interruptions or disturbances in electric service.
Except as described in this section, Xcel Energy’s liability on any claim of any kind for any
loss or damage arising out of or in connection with or resulting from this Agreement, or
from performance or breach thereof, shall in no case exceed the total dollar amount for
the specific work giving rise to the claim.
7.General Terms
7.1 No Third-Party Beneficiary. This Agreement is between the Parties and creates no third-
party beneficiaries. Nothing in this Agreement gives or shall be construed to give or
provide any benefit, direct, indirect, or otherwise to third parties unless third persons are
expressly described as intended to be beneficiaries of its terms.
7.2 Assignment Prohibited. Customer shall not assign the Agreement, or any part thereof,
nor delegate in whole or in part, its responsibilities hereunder, without the prior written
consent of Xcel Energy. Unless otherwise agreed to in writing by Xcel Energy, no
assignment will release or discharge the Customer from any obligations under the
Agreement. Any prohibited assignment or delegation shall be null and void.
7.3 Legal Compliance. The Parties shall comply with all Applicable Laws. Each Party shall
monitor its agents, contractors, and employees for the purposes of ensuring compliance
with all Applicable Laws. If any change in circumstances or law will affect a Party’s
performance under this Agreement, that Party shall notify the other Party of the change
in circumstances or law at the earliest reasonable opportunity, and the Parties will
negotiate in good faith to modify the Agreement to take into account the changed
circumstance or law.
7.4 Dispute Resolution. In the event of any Dispute arising out of or relating to this
Agreement, the complaining Party shall provide written notice of Dispute to the other
Party. The Dispute notice shall describe the facts surrounding the Dispute in sufficient
detail to apprise the other Party of the nature of the Dispute.
Xcel Energy and Customer shall attempt in good faith to settle all Disputes through the
negotiation process set forth in this Section. To this effect, unless otherwise agreed, Xcel
Energy and Customer shall conduct at least one face-to-face meeting between the
designated representatives from both Parties in an attempt to reach a solution that is
satisfactory to both Xcel Energy and Customer. Such a meeting shall take place within
seven (7) Calendar Days following delivery of a Dispute notice. If that meeting does not
resolve the Dispute, Xcel Energy and Customer shall have executive level leadership from
both Parties meet and attempt to resolve the Dispute.
If Xcel Energy and Customer fail to resolve a Dispute in accordance with this Section,
either Party may, subject to Section 7.5, proceed to a court of competent jurisdiction and
may, subject to any limitation set forth herein, pursue any remedies available to it at law
or in equity.
7.5 Applicable Law and Venue. This Agreement shall be interpreted according with the laws
of the State of Minnesota. Venue for all legal proceedings arising out of or relating to this
Agreement or breach thereof shall be in the state or federal court with competent
jurisdiction in Hennepin County, Minnesota.
7.6 Non-Waiver. The failure of either Party at any time to insist upon the strict performance
of any or all of the terms, conditions, and covenants in this Agreement shall not be
deemed a waiver by that Party of any subsequent breach or default in the said terms,
conditions, or covenants by the other Party.
7.7 Complete Agreement. This Agreement constitutes the complete and exclusive
understanding of the parties concerning its subject matter. This Agreement supersedes
all prior agreements, representations, understandings, and communications, written or
oral, between the Parties as to the subject matter of this Agreement.
7.8 Amendments. The terms of this Agreement may be changed, amended or modified only
by mutual signed agreement of the parties.
7.9 Data Practices. Each Party must comply with the Minnesota Government Data Practices
Act (Minnesota Statutes, chapter 13), as it applies to any data received, collected, stored,
or disseminated by a Party for the work performed under this Agreement. However,
nothing prevents the public filing of this Agreement with the Minnesota Public Utilities
Commission. Each Party shall be responsible for specifically identifying any information
or data in the Agreement that it believes to be Not Public Data.
If a Party receives a data practices request for information about or data from this
Agreement (the “Receiving Party”), the Receiving Party shall promptly notify the other
Party (the “Notified Party”) in writing or email that a data practices request concerning
this Agreement has been received by the Receiving Party and identify what information
or documents it would intend to produce in response to such a request. Upon receipt of
notice from the Receiving Party that it has received a data request, the Notified Party shall
have ten Working Days within which to notify the Receiving Party that the Notified Party
does not believe the information or documents can be released pursuant to the
Minnesota Government Data Practices Act or other applicable law, and why. The
Receiving Party shall be responsible for determining whether the requested data are
public or otherwise classified and shall notify the Notified Party in writing or email of its
decision, which notification shall be given at least three Working Days prior to release of
the information or data to the requesting third party (if applicable). If the Notified Party
disagrees with the Receiving Party’s determination, the Notified Party may seek a
protective order via court of competent jurisdiction.
Nothing in this section shall prohibit the disclosure of information, as required by law or
legal process, to a court of competent jurisdiction or any agency or governmental body
from the state or federal government with appropriate authority to request such
information. If either Party is or could be legally compelled to make disclosure of
information, the Receiving Party will notify the Notified Party prior to making such
disclosure (unless prohibited by Applicable Laws) in order to permit the Notified Party to
take steps to limit the effects of such disclosure. To be clear, any request for such
information or documents issued to Xcel Energy from the Minnesota Public Utilities
Commission, the Minnesota Department of Commerce, or the Office of the Minnesota
Attorney General may be responded to by Xcel Energy in full, and if either Party believes
that some portion of the response is non-public, such information or document will be
marked in a manner consistent with the Minnesota Government Data Practices Act.
All reports, drawings, plans, specifications, calculations, studies, software programs,
tapes, models, and memoranda, if any, assembled or prepared by Xcel Energy or Xcel
Energy’s affiliates, independent professional associates, agents, consultants, contractors,
or subcontractors pursuant to this Agreement are instruments of service in respect of the
Agreement, and Xcel Energy shall retain all ownership and property interest therein.
Customer may make and retain copies for information and reference in connection with
the Pilot Project; provided, however, that it is understood and agreed that such
documents are not intended to be re-used by Customer or others on extensions of the
Pilot Project or on any other project or any other purpose other than as expressly set forth
in this Agreement, and Customer shall not re-use or disclose to any third party all or any
portion of such work product without the express prior written consent of Xcel Energy,
which consent shall not be unreasonably withheld.
7.10 Force Majeure. If a Party’s performance is delayed or hindered by a Force Majeure Event,
such Party is excused from such performance for the period of delay, provided that the
Party claiming a Force Majeure Event has notified the other Party of the delay as soon as
is reasonably possible. In such event, the period for the performance shall be extended
for the period of such delay.
7.11 The Parties are independent contractors. Nothing in this Agreement or in the activities
contemplated by the Parties hereunder shall be deemed to create an agency, partnership,
employment or joint venture relationship between the Parties or any of their
representatives. Neither Party is an agent of the other nor has the authority to represent
the other as to any matters. Customer responsible for the safety of its respective agents,
employees and other representatives. Xcel Energy in no way assumes any of the duties,
obligations or liabilities attributed to Customer under the Agreement.
7.12 Those provisions of this Agreement which would require that they survive termination
of the Agreement in whole or part in order to give them full force and effect will survive
the termination of the Agreement, regardless of the date, cause or manner of the
termination. Such provisions include but are not limited to Sections 3.5, 5.2, 5.5, 6.1,
6.2, 6.3, 6.4, 6.5, 7.1, 7.4, 7.5, 7.12, 7.14, 7.15, as well as the Company’s right to retain
any Data collected in connection with the Pilot Project. In addition, all rights of action
arising from or related to the Agreement that accrue during the Term of the Agreement,
and any remedies for such claims, both legal and equitable, will survive such
termination.
7.13 Branding and Consumer Education. The Parties agree to discuss opportunities for
Company branding, consumer outreach and education efforts related to the benefits of
electric vehicles, and implementation of renewable energy in connection with the Pilot
Project.
7.14 Taxes on Sale of EV Supply Infrastructure and Optional Charging Equipment. If Xcel Energy
sells the EV Supply Infrastructure or Optional Charging Equipment, as applicable, to
Customer at the then undepreciated balance of the EV Supply Infrastructure or Optional
Charging Equipment and Customer agrees to purchase the same, then Xcel Energy will
deliver to Customer a Bill of Sale for the undepreciated balance of the EV Supply
Infrastructure or Optional Charging Equipment. Customer further agrees that, in
accordance with federal and state laws in effect at the time of the sale of the EV Supply
Infrastructure or Optional Charging Equipment from Xcel Energy to Customer: (i)
Customer shall be responsible for and shall pay transfer taxes, either directly to a taxing
authority or to Xcel Energy, as required by law, related to the undepreciated balance of
the EV Supply Infrastructure or Optional Charging Equipment as stated on the Bill of Sale;
and (ii) Xcel Energy agrees to complete a Form W-9 “Request for Taxpayer Identification
Number and Certification” in the event of such sale.
7.15 Notice. Any notice required or permitted by this Agreement shall be deemed given (i)
when delivered by hand, (ii) on the next business day after being sent by a reputable
overnight courier service for next business day delivery, or (iii) on the third business day
after being sent by prepaid United States mail, return receipt requested, in each case to
the Party at the address specified as follows:
Customer:
Xcel Energy:
City of Eden Prairie
Attn: City Manager
8080 Mitchell Road
Eden Prairie, MN 55344
Either Party may change its address for notice purposes by giving the other Party prior
written notice of the new address and the date upon which the change will be effective.
IN WITNESS WHEREOF, each of the undersigned is duly authorized and directed to sign this Agreement.
[Insert Customer Name]
By__________________________________ Date: _______________
Name _______________________________
Title_________________________________
By__________________________________ Date: _______________
Name _______________________________
Title_________________________________
Northern States Power Company, d/b/a Xcel Energy
By__________________________________ Date: _______________
Name _______________________________
Title_________________________________
ELECTRIC VEHICLE (EV) CHARGING STATIONWork Order #____________Eden Prairie, MNBYDATEREVDESCRIPTIONE-1SHEET NUMBERSITE PLANCIVIC CENTER8080 MITCHELL RDSHEET TITLESITE ADDRESSREVISIONS414 NICOLLET MALL - CSCMINNEAPOLIS MN 554014770 N. Belleview Ave.,Suite 100Kansas City, Missouri64116-2188Office 816-474-9340Fax 816-471-3569Planner:Checked by:Date:Alex BlandingLes BarnettNovember 18, 20212SITE PLAN VIEWSCALE: NTS 8080 Mitchell RdEden Prairie, MN55344RESPONSIBLE BY NATUREPRELIMINARYNOT FOR CONSTRUCTIONINITIALS:DATE:PRELIMINARYNOT FOR CONSTRUCTIONA. B.11/18/2021SITE LOCATIONEDEN PRAIRIECIVIC CENTER8080 MITCHELL RDN(10) SPOTS REQUIRED1LOCATION VIEWSCALE: NONESCOPE OF WORK:1. INSTALL (1) DUAL PORT DCFC ELECTRIC VEHICLE CHARGING STATION IN THE PARKING LOTAS SHOWN, TO OCCUPY (2) PARKING SPACES.2. DIRECTIONAL BORE APPROXIMATELY 25'-0" W/PARALLED 4/0AWG AL QUADRUPLEX IN 3"SCH 40 PVC/HDPE CONDUITS FROM EXISTING 500kVA 480/277V, 3Ø XFMR.NGENERAL CONSTRUCTION NOTES:1. ALL BROCHURES, OPERATING AND MAINTENANCE MANUALS, CATALOGS, SHOP DRAWINGS,AND OTHER DOCUMENTS SHALL BE TURNED OVER TO THE GENERAL CONTRACTOR ATCOMPLETION OF CONSTRUCTION AND PRIOR TO CONSTRUCTION COMPLETION.2. IF THE SPECIFIED EQUIPMENT CANNOT BE INSTALLED AS SHOWN ON THESE DRAWINGS, THECONTRACTOR SHALL PROPOSE AN ALTERNATIVE INSTALLATION SPACE FOR APPROVAL BYTHE ENGINEER PRIOR TO PROCEEDING.3. CONSTRUCTION SHALL BE DONE IN A WORKMANLIKE MANNER BY COMPETENTEXPERIENCED WORKMAN IN ACCORDANCE WITH APPLICABLE CODES AND THE BESTACCEPTED PRACTICE.4. ALL EXISTING INACTIVE SEWER, WATER, GAS, ELECTRIC, AND OTHER UTILITIES, WHICHINTERFERE WITH THE EXECUTION OF THE WORK, SHALL BE REMOVED, CAPPED, PLUGGEDOR OTHERWISE DISCONNECTED AT POINTS WHICH WILL NOT INTERFERE WITH THEEXECUTION OF THE WORK, AS DIRECTED BY THE ENGINEER, AND SUBJECT TO THEAPPROVAL BY THE CITY OF EDEN PRAIRIE AND/OR LOCAL UTILITIES.5. THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AND MATERIALS IN ACCORDANCE WITHMANUFACTURER'S RECOMMENDATIONS UNLESS SPECIFICALLY STATED OTHERWISE.6. THE CONTRACTOR SHALL PROTECT EXISTING IMPROVEMENTS, PAVEMENTS, CURBS,LANDSCAPING AND STRUCTURES. ANY DAMAGED PART SHALL BE REPAIRED ATCONTRACTOR'S EXPENSE TO THE SATISFACTION OF PROPERTY OWNER.7. THE PROPOSED FACILITY WILL BE UNMANNED AND DOES NOT REQUIRE POTABLE WATER ORSEWER SERVICE, AND IS NOT FOR HUMAN HABITATION (NO HANDICAP ACCESS REQUIRED).GENERAL ELECTRICAL NOTES:1. THE CONTRACTOR SHALL CONFIRM WITH LOCAL UTILITY COMPANY ANY/ALL REQUIREMENTSSUCH AS THE: LUG SIZE RESTRICTIONS, CONDUIT ENTRY, SIZE OF TRANSFORMERS,SCHEDULED DOWNTIME FOR THE SURROUNDING FACILITIES NOTIFICATIONS, ETC. ANY/ALLCONFLICTS SHALL BE BROUGHT TO THE ATTENTION OF THE CONSTRUCTION MANAGER,PRIOR TO BEGINNING ANY WORK.2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE LATEST EDITION OF THE NECAND ALL CODES AND LOCAL ORDINANCES OF THE LOCAL POWER COMPANIES HAVINGJURISDICTION AND SHALL INCLUDE BUT NOT BE LIMITED TO:A. UL - UNDERWRITERS LABORATORIESB. NEC - NATIONAL ELECTRICAL CODEC. NEMA - NATIONAL ELECTRICAL MANUFACTURERS ASSOC.D. OSHA - OCCUPATIONAL SAFETY AND HEALTH ACTE. SBC - STANDARD BUILDING CODEF. NFPA - NATIONAL FIRE PROTECTION ASSOCIATIONG. XCEL - STANDARD FOR ELECTRICAL INSTALLATION AND USE3. SEE VENDOR DRAWINGS FOR METER CABINET AND EV CHARGER EQUIPMENT DETAILS,SPECIFICATIONS AND INSTALLATION INSTRUCTIONS.4. ALL CONDUCTORS SHALL BE COPPER THHN/THWN RATED @ 75°C, UNLESS OTHERWISESPECIFIED WITHIN THESE DRAWINGS.5. ALL DISCONNECT SWITCHES SHALL BE OF HEAVY-DUTY CONSTRUCTION WITH LOCKABLEHANDLES. PROVIDE NEMA RATED ENCLOSURES AS REQUIRED BY EXPOSURE TYPE. ALLFUSIBLE SWITCHES SHALL BE PROVIDED WITH DUAL ELEMENT FUSES SIZED PER THEEQUIPMENT MANUFACTURER'S RECOMMENDATION.6. IT IS NOT THE INTENT OF THESE PLANS TO SHOW EVERY MINOR DETAIL OF THECONSTRUCTION. CONTRACTOR IS EXPECTED TO FURNISH AND INSTALL ALL ITEMS FOR ACOMPLETE ELECTRICAL SYSTEM AND PROVIDE ALL REQUIREMENTS FOR THE EQUIPMENTTO BE PLACED IN PROPER WORKING ORDER. CONTRACTOR IS TO PROVIDE ALL ELECTRICALEQUIPMENT UNLESS OTHERWISE DIRECTED.7. WHEN DIRECTIONAL BORING IS REQUIRED, CONTRACTOR SHALL INSTALL A LOOSE TONINGWIRE WITHIN INSTALLED CONDUIT TO ALLOW FOR IDENTIFICATION OF UNDERGROUNDCONDUITS.8. ALL BURIED CONDUITS SHALL BE SCH 40 PVC UNLESS SPECIFIED OTHERWISE. ALLEXTERIOR AND INTERIOR ABOVE GROUND CONDUIT (IF ANY) SHALL BE RIGID UNLESSSPECIFIED OTHERWISE.9. ALL CONNECTIONS EXCEPT THE EV CHARGE CABLE TERMINATION IN THE CHARGE POSTSHALL BE MADE WITH A PROTECTIVE COATING OF AN ANTI-OXIDE COMPOUND SUCH AS"NOALOX" BY IDEAL INDUSTRIAL INC., COAT ALL WIRE SURFACES BEFORE CONNECTING.EXPOSED ALUMINUM & COPPER SURFACES, INCLUDING GROUND BARS, SHALL BE TREATED -NO SUBSTITUTIONS.10. THE CONTRACTOR SHALL PLACE TWO LENGTHS OF WARNING TAPE AT A DEPTH OF 12"BELOW GROUND AND DIRECTLY ABOVE ELECTRICAL SERVICE CONDUITS. WARNING TAPE TOREAD "CAUTION BURIED ELECTRIC".EV SIGNAGERECOMMENDEDPROPOSED EVCHARGING STATIONTYP. (5) PLCSPROPOSED 500kVA,480/277, 3Ø XFMRCABD9'-0"PROPOSED 200A,480/277V, 3ØMETER CABINETC18'-0"60A/2P60A/2P60A/2P60A/2P60A/2P60A/2P60A/2P60A/2PGND600A/3PkWHL1, L2, L3, NPROPOSED 10kW DUAL PORTLEVEL 2 EV CHARGERS10kW (5kW X 2) (TYP 1 OF 5)D(4) #4 AWG +(1) #8 AWG GND IN1-1/4" SCH 40 PVC(TYP 1 OF 5)CMETER MAIN600A 208/120V 3Ø 4WNEMA 3R ENCLOSURESERVICE RATEDBMECHANICAL CONNECTOR#2/0 AWG GECXCEL ENERGY FEED(3) PARALLELED 4/0 ALQUADRUPLEX (L1, L2, L3, N)IN (3) 3" PVC/HDPE CONDUITSATHREE PHASE ONE-LINE DIAGRAMSCALE: NONE360A/2P60A/2P
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
April 19th, 2022
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
Approve Agreement for Maintenance Facility Fleet EV Charging System Pilot Program with Xcel Energy
ITEM NO.
VIII.G.
Requested Action Move to: Approve 10-year service agreement with Xcel Energy for EV charging system infrastructure
installation as well as the purchase and installation of 11 single port charging stations for the
Maintenance Facility. Synopsis
This agreement will authorize Xcel Energy to install the infrastructure necessary to support EV charging
station ports the Maintenance Facility for use by City fleet vehicles. This infrastructure includes conduit, electrical wiring, junction boxes, transformers and other items to support EV charging ports. There is no cost for this portion of the project.
This agreement also authorizes the City to purchase from Xcel Energy 11 single port chargers from Xcel
Energy for $25,483.70. The City will own these charging ports and Xcel Energy will install them as part of the project. This cost will be funded from the approved Capital Improvement Plan’s 2021 and 2022 projects for EV charger installation
There will also be yearly operational expenses for these chargers which is expected to be approximately
$3,400 and will be funded through Fleet Services. Background
Staff worked with Xcel to get accepted into Xcel Energy’s Fleet EV Pilot Program that is a no cost
service to install make-ready infrastructure for fleet EV chargers. This program also allows for separate
metering of chargers for Xcel’s low cost, off-peak charging pricing as well as proper budget allocation
of utility cost. All infrastructure up to the chargers will be owned and maintained by Xcel. Staff selected
purchasing chargers through Xcel to be City owned and Xcel installed/maintained. The yearly
operational cost is for cloud connection to have computer dashboard access to telemetrics, rfid access
control and warranty for the charging stations themselves. Facilities and Public Works staff worked to
select the best location and number of charging ports to support current and future fleet EV needs. 10
charging stations will be interior with 1 exterior for the garbage vehicle. The infrastructure installed will
be capable of expansion for further fleet EV needs as necessary via updating this agreement.
Attachment
Maintenance Facility MN Electric Vehicle Fleet Pilot Customer Service Agreement
ELECTRIC VEHICLE FLEET PILOT SERVICE AGREEMENT
THIS ELECTRIC VEHICLE FLEET PILOT SERVICE AGREEMENT (the “Agreement”), made this 19th day
of April, 2022 (“Effective Date”) by and between NORTHERN STATES POWER COMPANY, a
Minnesota corporation, doing business as Xcel Energy (“Xcel Energy”), 414 Nicollet Mall, Minneapolis,
Minnesota 55401, and the City of Eden Prairie, a Minnesota municipal corporation, 8080 Mitchell
Road, Eden Prairie, MN 55344 (“Customer”). Customer and Xcel Energy may be referred to herein
individually as a “Party” or collectively as the Parties.
WITNESSETH: That the Parties hereto, each in consideration of the promises of the other in this
Agreement, agree as follows: 1.Definitions
•“Applicable Laws” means all applicable federal and state laws, codes, ordinances, rules,
regulations, judgments, decrees, directives, guidelines, policy requirements, and orders of any
governmental person having jurisdiction over the Pilot Project, the practices involved in the Pilot
Project, or any work Xcel Energy or Customer performs.
•“Calendar Days” means every day shown on the calendar, beginning and ending at midnight.
•“Charging Equipment” means the electric vehicle charging equipment installed at the Customer
Location used to deliver electricity from the EV Supply Infrastructure to an electric vehicle.
Charging Equipment includes the ungrounded, grounded, and equipment grounding conductors,
the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets or
apparatuses associated with the installed device, but does not include EV Supply Infrastructure.
•“Customer Location” means 15150 Technology Drive, Eden Prairie, MN 55344 ("Maintenance
Facility") .
•“Dispute” means a disagreement between Xcel Energy and Customer that arises under or that
relates to the Agreement.
•“EV Supply Infrastructure” means all the electric vehicle charging infrastructure (excluding the
Charging Equipment) and all associated equipment installed by Xcel Energy at the Customer
Location necessary to connect the Charging Equipment to Xcel Energy’s electric distribution
system, and includes but is not limited to the following: poles, conduits, ducts, cables, concrete
pads, manholes, handholes, supporting foundations, switchboards, and electrical wiring and
conduit between the transformer, main power distribution cabinet, and Charging Equipment.
•“Facilities” means any privately, publicly, or cooperatively owned line, system, and or other utility
item that produces, transmits, or distributes communications, power, cable, television, electricity,
light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway
drainage, signal systems, and other products or services that serve the public, and/or a privately-
owned irrigation system. Any necessary appurtenances to each Facility are considered a part of
it.
•“Force Majeure Event” means fire, floods, explosion, catastrophe, accident, declared war, riot,
acts of God, acts of terrorism, insurrection, strike, and applicable laws that prevent performance,
to the extent (i) such event is beyond a Party’s control, that due diligence and use of reasonable
efforts by the Party claiming the Force Majeure Event could not have avoided or prevented, (ii)
that materially and adversely affects a Party’s ability to meet its obligations under this Agreement,
and (iii) the Party claiming the Force Majeure Event gives prompt written notice of the same to
the other Party. A Force Majeure Event does not include events due to the acts or omissions of
the Party claiming the Force Majeure Event.
•“Not Public Data” has the same definition as under Minn. Stat. § 13.02, subd. 8a, and means any
Customer or Xcel Energy data which is classified by statute, federal law, or temporary
classification as confidential, private, nonpublic, or protected nonpublic.
•“Pilot Project” means the activities of both Parties during the Term that relate to the installation
and ongoing maintenance of EV Supply Infrastructure and Charging Equipment to support EV
charging at the Customer Location.
•“Working Days” means any Calendar Day, excluding Saturdays, Sundays, and legal public holidays,
as set forth in 5 U.S.C. § 6103(a).
2.Eligibility and Availability
2.1 To be eligible to participate in the Pilot Project and prior to Xcel undertaking any Xcel
Energy responsibility set forth in Section 4, Customer must provide documentation
acceptable to Xcel Energy evidencing that Customer meets all of the following
requirements (the “Customer Requirements”):
2.1.1 Qualify as a non-residential customer;
2.1.2 Verify that Customer is a fleet operator who owns or leases five or more light-,
medium-, or heavy-duty vehicles;
2.1.3 Own or lease the Customer Location, or be Xcel Energy’s customer of record
associated with the premises electric service meter at the Customer Location;
2.1.4 Provide express written consent, in a form acceptable to Xcel Energy in its sole
discretion, from the owner of the Customer Location to grant Xcel Energy the
appropriate real property rights and continuous access to EV Supply
Infrastructure installed, owned, and maintained by Xcel Energy, including any
necessary license agreements or easements signed by the owner of the Customer
Location and approved by Xcel Energy;
2.1.5 During the Term, agree to take electric service on one of Xcel Energy’s published
A87, A88, or A89 rates, or any rate that replaces the A87, A88, or A89 rates;
2.1.6 Ensure all electric load is separately metered from any other load served at the
Customer Location;
2.1.7 Commit to installing a minimum four ports per site, or, in cases with less than four
ports, a minimum of 50 kW of charging capacity;
2.1.8 Provide proof, acceptable to Xcel Energy in its sole determination, that Customer
has purchased and has the ability, financial, technical or otherwise, to install
Charging Equipment that meets Xcel Energy’s technical and safety standards and
that has smart-charging capabilities.
2.2 To be eligible to participate in the Pilot Project, the Customer Location must provide
documentation acceptable to Xcel Energy evidencing that Customer meets the following
requirements (the “Customer Location Requirements”):
2.2.1 Be located in Xcel Energy’s service territory; and
2.2.2 Meet Xcel Energy’s minimum safety and reliability requirements;
2.2.3 Include a location acceptable to Xcel Energy, in Xcel Energy’s sole determination,
to deploy EV Supply Infrastructure in a cost-effective manner, based on factors
such as proximity to transformers, length of trenching, and available transmission
and distribution capacity, as determined by Xcel Energy in its sole discretion.
3. Customer Responsibilities
3.1 Except for the costs incurred by Xcel Energy to undertake the responsibilities set forth in
Section 4 of this Agreement, Customer will pay all other costs of the Pilot Project.
3.2 Customer may opt to either supply and install Charging Equipment itself or have Xcel
Energy supply and install Charging Equipment in connection with the Pilot Project. If
Customer opts to have Xcel Energy supply and install Charging Equipment (“Optional
Charging Equipment”), Customer must notify Xcel Energy of its decision within thirty (30)
Calendar Days of the Effective Date, and at the same time Customer must elect to have
Xcel Energy supply and install the Optional Charging Equipment pursuant to either the
Bundled Option or the Pre-Pay Option under Xcel Energy’s Electric Vehicle Fleet Pilot
Service Tariff. Under the Bundled Option, Customer’s monthly bill will include a charge
for the installed cost of all Optional Charging Equipment supplied and installed by Xcel
Energy. Under the Pre-Pay Option, Customer pays Xcel Energy for the installed cost of
Optional Charging Equipment prior to beginning service under the Electric Vehicle Fleet
Pilot Service Tariff and pays a monthly Pre-Pay Option service charge.
3.3 Customer will assist in coordinating installation and maintenance of the EV Supply
Infrastructure and Optional Charging Equipment, as applicable, at the Customer Location
with Xcel Energy and its contractor(s), including any applicable Charging Equipment
manufacturers, vendors, or subcontractors, who provide services in connection with
installing and maintaining the EV Supply Infrastructure. This will include issuing or
obtaining any necessary license to allow Xcel Energy and its contractor(s) access to the
Customer Location for the installation and maintenance of the EV Supply Infrastructure
and Optional Charging Equipment, as applicable. Customer will also meet regularly with
Xcel Energy to review and coordinate time schedules and track EV Supply Infrastructure
and Charging Equipment installation status.
3.4 Unless Customer opts to have Xcel Energy supply and install Optional Charging
Equipment, Customer will be responsible for the procurement of all necessary Charging
Equipment for the Pilot Project at the Customer Location that meet the Customer
Requirements within thirty (30) Calendar Days of the Effective Date, and shall provide
proof of such purchase to Xcel Energy. Failure to provide proof of purchase within thirty
(30) Calendar Days after the Effective Date will void any of Xcel Energy’s obligations under
Section 4 of this Agreement, and Xcel Energy may terminate, in its sole discretion, this
Agreement immediately upon written notice to Customer in the event of such failure.
3.5 Customer will provide Xcel Energy with accurate and complete information regarding the
Pilot Project in order to permit Xcel Energy to successfully install and complete the EV
Supply Infrastructure and Optional Charging Equipment, as applicable, for the Pilot
Project. Customer consents to and permits Xcel Energy and its contractor(s), including
any applicable Charging Equipment manufacturers, vendors, and subcontractors, who
provided services in connection with installing and maintaining the EV Supply
Infrastructure and Optional Charging Equipment, as applicable, to have remote access in
order to access, collect, and share data from the Charging Equipment with respect to
charging activity, vehicle usage, and technical performance (the “Data”) during the Term
of this Agreement. In addition to the Data, Customer agrees to provide to Xcel Energy the
following information:
(1) on an annual basis: (a) number of charging ports at the Customer Location,
and individual port capacities; (b) costs to install Charging Equipment; and (c) any
public and/or private funds leveraged to install or maintain the Charging
Equipment;
(2) on a monthly basis: (a) number of vehicles using the Charging Equipment; and
(b) percentage of charging that aligns with onsite generation at Customer
Location, if applicable; and
(3) any other information relating to the Charging Equipment and its usage that
Xcel Energy may request from time to time.
Except for information or documents properly designated by Customer as “Not Public
Data,” Xcel Energy shall not be prohibited or restricted from disclosure or use of any Data,
information, or documents it receives from Customer, nor is Xcel Energy prohibited or
restricted from disclosing “Not Public Data” in connection with any legal or regulatory
proceeding, provided Xcel Energy provides Customer with notice pursuant to Section 7.9.
3.6 Customer will pay for power consumed by the EV Supply Infrastructure and dispensed
from the Charging Equipment at Xcel Energy’s A87, A88, or A89 service rate schedule, as
applicable, or any subsequent service rate schedule which replaces or modifies the A87,
A88, or A89 service rate schedules. If at any point during the Term Xcel Energy’s fleet
charging pilot is taken to scale as a program with terms different from the A87, A88, or
A89 service rate schedules, or if the A87, A88, or A89 service rate schedules are modified
for any reason, Customer may switch to the modified tariff for the remainder of the Term,
and Customer shall pay for power consumed by the EV Supply Infrastructure and/or
dispensed from the Charging Equipment at such modified tariff upon the effective date
of the new tariff.
3.7 After installation of both the Charging Equipment and EV Supply Infrastructure is
completed, Customer will operate and maintain any Charging Equipment installed by
Customer at the Customer Location for the Term of this Agreement, and guarantees the
safe and reliable operation of the Charging Equipment installed by Customer in
accordance with applicable laws, rules and regulations. During the Term, Customer grants
Xcel Energy, and its officers, agents, representatives, employees, and contractors a right
of ingress, egress, and physical disturbance to the Customer Location on a seven (7) day,
twenty-four (24) hour per day basis as required to construct, install, maintain, operate,
repair, and remove EV Supply Infrastructure and Optional Charging Equipment, as
applicable, in accordance with the provisions of this Agreement. The general manner of
such ingress and egress is subject to coordination with Customer.
3.8 Customer will promptly notify Xcel Energy in the event Customer becomes aware that the
Charging Equipment or EV Supply Infrastructure fails to operate or otherwise requires
repair.
3.9 In the case of total equipment failure of all or a portion of the EV Supply Infrastructure
and Optional Charging Equipment, as applicable, that is caused by Customer, any of
Customer’s employees, agents, or partners, and not covered by a manufacturer’s
warranty, Customer may either request that Xcel Energy replace the necessary equipment
at Customer’s expense or terminate this Agreement pursuant to Section 5.1.
3.10 Customer will maintain the area surrounding the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, including, but not limited to, pavement maintenance,
pruning of vegetation, snow removal, and the repair of security lighting.
3.11 Customer may remedy minor issues with the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, that do not require qualified technicians to address,
such as resetting infrequently tripped circuit breakers.
3.12 Customer will participate in surveys initiated by Xcel Energy and provide feedback about
the Pilot Project. Customer will permit Xcel Energy to conduct surveys of fleet EV drivers
and transit users riding electric buses, as applicable, related to end-user satisfaction of
the Pilot Project, and electric vehicles and electric vehicle charging infrastructure in
general. Xcel Energy may freely use such feedback without restriction.
4.Xcel Energy Responsibilities
4.1 Xcel Energy and/or qualified and competent contractors hired by Xcel Energy will prepare
construction drawings (“Construction Drawings”) for the EV Supply Infrastructure and
Optional Charging Equipment, as applicable, at location(s) within the Customer Location
determined by Customer in coordination with Xcel Energy. The Construction Drawings
will show the proposed EV Supply Infrastructure and Optional Charging Equipment, as
applicable, and its location(s) within the Customer Location. Prior to Xcel Energy
commencing construction of the EV Supply Infrastructure, Customer must approve the
Construction Drawings. Once approved, the Construction Drawings may be modified only
with the mutual consent of both Parties.
4.2 Xcel Energy will prepare and coordinate the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, installation schedule (“Installation Schedule”) with
designated Customer staff as to minimize disruption to Customer’s operations. Xcel
Energy will also meet regularly with Customer staff to review and coordinate time
schedules and track EV Supply Infrastructure and Charging Equipment status. Prior to
Xcel Energy commencing construction of the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, Customer must approve the Installation Schedule.
Once approved, the Installation Schedule may be modified only with the mutual consent
of both Parties.
4.3 Xcel Energy will install the EV Supply Infrastructure and Optional Charging Equipment, as
applicable, pursuant to the Installation Schedule and consistent with the Construction
Drawings in a good and workmanlike manner, with qualified and competent contractors,
in compliance with all applicable codes and engineering standards, and in compliance
with all Applicable Laws.
4.4 Xcel Energy will retain title and ownership of the EV Supply Infrastructure and Optional
Charging Equipment, as applicable, once installation and commissioning are completed.
Customer shall acquire no right, title, or interest in any portion of the work performed by
Xcel Energy or Xcel Energy’s equipment, EV Supply Infrastructure, Optional Charging
Equipment, or Facilities unless transferred to Customer under the provisions in Section 5.
The work constructed and installed by Xcel Energy shall be and remain the personal
property of Xcel Energy, shall not be considered a fixture of the property, shall not attach
to the realty, and shall not be alienable or lienable by Customer or any third party for the
Term of this Agreement, and Customer shall not allow lien claims, third party interest or
any encumbrances to be placed on the work, the EV Supply Infrastructure, and/or the
Optional Charging Equipment. Xcel Energy shall not permit any mechanics’ or other liens
to be placed on Customer property during the Term of this Agreement caused by or
resulting from any work performed, material, or supplies furnished by or at the request
of Xcel Energy or its contractors.
4.5 Xcel Energy shall own, operate, and maintain at its own expense the EV Supply
Infrastructure and Optional Charging Equipment, as applicable, at the Customer Location
for the Term of this Agreement, unless terminated earlier as provided herein. Xcel Energy
may engage one or more third-party contractors to complete its obligations under this
Agreement. Xcel Energy shall not knowingly award contracts to contractors who have
been or are suspended or debarred by the State of Minnesota or the United States. Xcel
Energy shall be responsible for supervising any third-party contractor it chooses to retain.
4.6 After installation of, and while Xcel Energy owns the EV Supply Infrastructure and
Optional Charging Equipment, as applicable, Xcel Energy shall conduct emergency repairs
on the EV Supply Infrastructure and Optional Charging Equipment on an as needed basis
in accordance with the following:
4.6.1 Requests for emergency repairs can be made by Customer or Xcel Energy
staff.
4.6.2 Customer’s requests for repair shall be made via telephone, email, or text
message to an agreed-upon representative at Xcel Energy.
4.6.3 All emergency repairs shall be completed by qualified technicians
selected by Xcel Energy.
4.6.4 Emergency repair service calls shall begin with inspection of
malfunctioning EV Supply Infrastructure or Optional Charging Equipment, a
diagnosis of the potential issue, and an expected time required for repair.
4.6.5 Xcel Energy shall use commercially reasonable efforts to repair the EV
Supply Infrastructure or Optional Charging Equipment, as applicable, in a timely
manner.
4.6.6 If the EV Supply Infrastructure and Optional Charging Equipment cannot
be repaired within one hour of the service technician’s arrival, Customer shall be
notified and given an estimated time the equipment is anticipated to be repaired.
4.7 After installation of, and while Xcel Energy owns the EV Supply Infrastructure and
Optional Charging Equipment, as applicable, Xcel Energy may inspect the EV Supply
Infrastructure and Optional Charging Equipment at the Customer Location for general
wear or malfunction on a periodic basis as determined by Xcel Energy. Such inspection
may include, but is not limited to the following:
4.7.1 Xcel Energy shall have the right, but not the obligation, to inspect the Charging
Equipment for initial and ongoing integration with the EV Supply Infrastructure.
4.7.2 If periodic inspections reveal EV Supply Infrastructure or Optional Charging
Equipment failure, Xcel Energy shall request on-site technical services for
inspection, diagnosis and emergency repair as set forth in Section 4.6.
4.8 Xcel Energy shall be responsible for the cost of purchasing and installing the EV Supply
Infrastructure and Optional Charging Equipment, as applicable. Xcel Energy shall also be
responsible for all costs that Xcel Energy, in its sole discretion, deems reasonably required
for operating and maintaining the EV Supply Infrastructure and Optional Charging
Equipment (except that Customer will pay for all power consumed by the EV Supply
Infrastructure and/or dispensed from the Charging Equipment, and any costs required
under Section 3.9). All payments for this EV Supply Infrastructure and Optional Charging
Equipment will be made directly by Xcel Energy to the third-party contractor retained to
complete the work, and Xcel Energy will have no financial obligation for any payments to
Customer.
4.9 Xcel Energy will promptly notify Customer in the event Xcel Energy becomes aware that
the EV Supply Infrastructure or Optional Charging Equipment fails to operate or otherwise
requires repair.
4.10 In the case of total equipment failure of all or a portion of the EV Supply Infrastructure
and Optional Charging Equipment, as applicable, that is not caused by Customer, any of
Customer’s employees, agents, or partners, and not covered by a manufacturer’s
warranty, Xcel Energy may either replace the necessary equipment at Xcel Energy’s
expense or terminate this Agreement pursuant to Section 5.1.
5. Term and Termination
5.1 This Agreement shall be effective upon the Effective Date. The term of this Agreement
(the “Term”) shall be for a ten (10) year period from the Effective Date. Either Party may
terminate this Agreement for any reason or no reason, without cause, at any time by
providing the other Party sixty (60) Calendar Days prior written notice. If Customer
terminates this agreement pursuant to this Section 5.1, Xcel Energy shall sell to Customer
and Customer shall buy all EV Supply Infrastructure, on an “as is” basis, without any
warranty (express or implied), at the undepreciated balance of the EV Supply
Infrastructure, as reasonably determined by Xcel Energy based on Xcel Energy’s cost to
purchase and install the EV Supply Infrastructure and the expected lives of the
components of the EV Supply Infrastructure as of the date of termination. If Xcel Energy
terminates this Agreement pursuant to this Section 5.1, Xcel Energy shall transfer title of
the EV Supply Infrastructure to Customer, without any payment from Customer, and the
EV Supply Infrastructure will be deemed abandoned in place in “AS IS” condition, without
any warranty (express or implied) by Xcel Energy.
5.2 Either Party may terminate this Agreement if the other party materially breaches any of
its obligations under the Agreement.
5.2.1. Prior to termination pursuant to this Section 5.2, the Party seeking the
termination shall give the other Party written notice of the breach and of the
Party’s intent to terminate. If the breaching Party has not entirely cured the
breach within thirty (30) Calendar Days of the notice (or, if the breach is not one
that can be reasonably cured within thirty (30) Calendar Days, and if the
breaching Party is not working diligently to cure such breach), then the Party
giving the notice may terminate the Agreement without reference to Section 5.1
at any time thereafter by giving a written notice of termination.
5.2.2. If Customer terminates pursuant to this Section 5.2 for Xcel Energy’s material
breach of the Agreement, Xcel Energy shall transfer title of the EV Supply
Infrastructure and Optional Charging Equipment, as applicable, to Customer,
without any payment from Customer, and the EV Supply Infrastructure and
Optional Charging Equipment will be deemed abandoned in place in “AS IS”
condition, without any warranty (express or implied) by Xcel Energy.
5.2.3. Xcel Energy terminates pursuant to this Section 5.2 for Customer’s material
breach of the Agreement, Customer shall buy all EV Supply Infrastructure and
Optional Charging Equipment, as applicable, on an “as is” basis, without any
warranty (express or implied), at the undepreciated balance of the EV Supply
Infrastructure and any Optional Charging Equipment, as reasonably determined
by Xcel Energy based on Xcel Energy’s cost to purchase and install the EV Supply
Infrastructure and Optional Charging Equipment and the expected lives of the
components of the EV Supply Infrastructure and Optional Charging Equipment as
of the date of termination.
5.2.4. A party terminating this Agreement pursuant to this Section 5.2 does not waive
its rights to any remedy at law or in equity for a material breach of the Agreement.
5.3 At least one hundred and eighty (180) Calendar Days prior to the end of the Term of this
Agreement, the Parties shall endeavor to negotiate a mutually agreeable plan for the EV
Supply Infrastructure that will commence at the end of the Term of this Agreement,
including but not limited to the following:
5.3.1 Extension of the Term of this Agreement;
5.3.2 Customer pays Xcel Energy an amount equivalent to the undepreciated balance
of the EV Supply Infrastructure (based on Xcel Energy’s cost to purchase and
install the EV Supply Infrastructure and the expected lives of the components of
the EV Supply Infrastructure) as of the end of the Term of the Agreement, and
title to the EV Supply Infrastructure transfers to Customer in “AS IS” condition,
without any warranties (express or implied) by Xcel Energy; or
5.3.3 Xcel Energy removes, at Xcel Energy’s expense, the portion of the EV Supply
Infrastructure that is above ground, restoring the Customer Location to original
conditions or any other conditions agreed upon by the Parties, and Xcel Energy
retains Title to the remaining portion of the EV Supply Infrastructure (the
“Remaining EV Supply Infrastructure”), and such easement rights as Xcel Energy
may require for the operation, repair, and maintenance of the Remaining EV
Supply Infrastructure for the remainder of its expected life. At the end of the
Remaining EV Supply Infrastructure’s expected life, Xcel Energy shall transfer title
of the Remaining EV Supply Infrastructure to Customer, without any payment
from Customer, and the Remaining EV Supply Infrastructure will be deemed
abandoned in place in “AS IS” condition, without any warranty (express or
implied) by Xcel Energy.
5.4 If, at the end of the Term of this Agreement, the Parties have not come to a mutual
agreement pursuant to Section 5.3 above, the Term of the Agreement shall automatically
renew on a month-to-month basis until the Parties are able to come to a mutual
agreement or until either Party unilaterally terminates the Agreement pursuant to
Section 5.1.
5.5 Upon termination of this Agreement, if Customer opted for Optional Charging Equipment
under the Bundled Service, Customer may either:
5.5.1. Have the Optional Charging Equipment removed at no cost; or
5.5.2. Purchase the Optional Charging Equipment from Xcel Energy on an “as is” basis,
without any warranty (express or implied), at the undepreciated balance of the
Optional Charging Equipment, as reasonably determined by Xcel Energy based on
Xcel Energy’s cost to purchase and install the Optional Charging Equipment.
5.6 Upon termination of this Agreement, if Customer opted for Optional Charging Equipment
under the Pre-Pay Option Service, Xcel Energy will transfer ownership of the Optional
Charging Equipment to Customer at no cost.
5.7 Upon termination of this Agreement, in order to continue receiving electric service,
Customer must sign a new electric service agreement agreeing to take electric service
pursuant to a tariff for which the Customer is then eligible.
6. Warranties, Indemnification, and Limitation of Liability
6.1 Customer represents and warrants that: (i) the execution, delivery and performance of
the Agreement has been duly authorized by all requisite action on the part of Customer,
and Customer has full power and authority to grant the rights and licenses granted by the
Agreement to Xcel Energy, including but not limited to the rights and licenses set forth in
Section 3.3; (ii) this Agreement constitutes the legal, valid, and binding obligation of
Customer; (iii) Customer is and will remain duly licensed, authorized or qualified to do
business, and in good standing; and (iv) it is and will remain in compliance with all
Applicable Laws applicable to it in connection with performance under this Agreement.
6.2 Xcel Energy, itself or through its contractor(s), shall perform the installation of the EV
Supply Infrastructure and Optional Charging Equipment, as applicable, in a safe and
professional manner in accordance with all Applicable Laws. EXCEPT AS EXPRESSLY SET
FORTH IN THIS SECTION 6.2, XCEL ENERGY MAKES OR PROVIDES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AGAINST INFRINGEMENT, WITH
RESPECT TO THE WORK TO BE PERFORMED, SERVICES TO BE PROVIDED, OR EV SUPPLY
INFRASTRUCTURE TO BE DELIVERED UNDER THIS AGREEMENT. IN THE EVENT TITLE TO
EV SUPPLY INFRASTRUCTURE IS TRANSFERRED TO CUSTOMER IN ACCORDANCE WITH
THE TERMS OF THIS AGREEMENT, THE EV SUPPLY INFRASTRUCTURE IS PROVIDED “AS
IS” AND WITH NO WARRANTY OF ANY KIND. XCEL ENERGY DISCLAIMS ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.3 IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL XCEL ENERGY BE
LIABLE TO CUSTOMER AND ITS AGENTS, CONTRACTORS AND EMPLOYEES, FOR SPECIAL,
INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE.
6.4 Subject to the limitations contained in this Agreement, each Party agrees that it will be
responsible for its own acts and the results thereof to the extent authorized by Applicable
Laws and shall not be responsible for the acts of the other Party and the results thereof.
Xcel Energy does not assume any responsibility for the adequacy, safety, design or
satisfactory performance of the Facilities, Customer’s design of any EV Supply
Infrastructure, or the Charging Equipment. Notwithstanding the foregoing, to the fullest
extent allowed by Applicable Laws, Customer shall, at its own expense, defend, indemnify
and hold Xcel Energy harmless from and against any claims, lawsuits, liability, losses,
damages or expenses (including attorney’s fees) arising out of, resulting from or in any
way connected with the: (i) the Charging Equipment; (ii) breach of any warranty set forth
in Section 6.1; (iii) Customer’s, or its employees’, agents’, or contractors’ negligent acts or
omissions or willful misconduct; or (iv) the breach of Section 3.3 (License).
6.5 In no event will Xcel Energy be liable to Customer for any claims, expenses, losses,
damages, or lawsuits arising out of any interruptions or disturbances in electric service.
Except as described in this section, Xcel Energy’s liability on any claim of any kind for any
loss or damage arising out of or in connection with or resulting from this Agreement, or
from performance or breach thereof, shall in no case exceed the total dollar amount for
the specific work giving rise to the claim.
7. General Terms
7.1 No Third-Party Beneficiary. This Agreement is between the Parties and creates no third-
party beneficiaries. Nothing in this Agreement gives or shall be construed to give or
provide any benefit, direct, indirect, or otherwise to third parties unless third persons are
expressly described as intended to be beneficiaries of its terms.
7.2 Assignment Prohibited. Customer shall not assign the Agreement, or any part thereof,
nor delegate in whole or in part, its responsibilities hereunder, without the prior written
consent of Xcel Energy. Unless otherwise agreed to in writing by Xcel Energy, no
assignment will release or discharge the Customer from any obligations under the
Agreement. Any prohibited assignment or delegation shall be null and void.
7.3 Legal Compliance. The Parties shall comply with all Applicable Laws. Each Party shall
monitor its agents, contractors, and employees for the purposes of ensuring compliance
with all Applicable Laws. If any change in circumstances or law will affect a Party’s
performance under this Agreement, that Party shall notify the other Party of the change
in circumstances or law at the earliest reasonable opportunity, and the Parties will
negotiate in good faith to modify the Agreement to take into account the changed
circumstance or law.
7.4 Dispute Resolution. In the event of any Dispute arising out of or relating to this
Agreement, the complaining Party shall provide written notice of Dispute to the other
Party. The Dispute notice shall describe the facts surrounding the Dispute in sufficient
detail to apprise the other Party of the nature of the Dispute.
Xcel Energy and Customer shall attempt in good faith to settle all Disputes through the
negotiation process set forth in this Section. To this effect, unless otherwise agreed, Xcel
Energy and Customer shall conduct at least one face-to-face meeting between the
designated representatives from both Parties in an attempt to reach a solution that is
satisfactory to both Xcel Energy and Customer. Such a meeting shall take place within
seven (7) Calendar Days following delivery of a Dispute notice. If that meeting does not
resolve the Dispute, Xcel Energy and Customer shall have executive level leadership from
both Parties meet and attempt to resolve the Dispute.
If Xcel Energy and Customer fail to resolve a Dispute in accordance with this Section,
either Party may, subject to Section 7.5, proceed to a court of competent jurisdiction and
may, subject to any limitation set forth herein, pursue any remedies available to it at law
or in equity.
7.5 Applicable Law and Venue. This Agreement shall be interpreted according with the laws
of the State of Minnesota. Venue for all legal proceedings arising out of or relating to this
Agreement or breach thereof shall be in the state or federal court with competent
jurisdiction in Hennepin County, Minnesota.
7.6 Non-Waiver. The failure of either Party at any time to insist upon the strict performance
of any or all of the terms, conditions, and covenants in this Agreement shall not be
deemed a waiver by that Party of any subsequent breach or default in the said terms,
conditions, or covenants by the other Party.
7.7 Complete Agreement. This Agreement constitutes the complete and exclusive
understanding of the parties concerning its subject matter. This Agreement supersedes
all prior agreements, representations, understandings, and communications, written or
oral, between the Parties as to the subject matter of this Agreement.
7.8 Amendments. The terms of this Agreement may be changed, amended or modified only
by mutual signed agreement of the parties.
7.9 Data Practices. Each Party must comply with the Minnesota Government Data Practices
Act (Minnesota Statutes, chapter 13), as it applies to any data received, collected, stored,
or disseminated by a Party for the work performed under this Agreement. However,
nothing prevents the public filing of this Agreement with the Minnesota Public Utilities
Commission. Each Party shall be responsible for specifically identifying any information
or data in the Agreement that it believes to be Not Public Data.
If a Party receives a data practices request for information about or data from this
Agreement (the “Receiving Party”), the Receiving Party shall promptly notify the other
Party (the “Notified Party”) in writing or email that a data practices request concerning
this Agreement has been received by the Receiving Party and identify what information
or documents it would intend to produce in response to such a request. Upon receipt of
notice from the Receiving Party that it has received a data request, the Notified Party shall
have ten Working Days within which to notify the Receiving Party that the Notified Party
does not believe the information or documents can be released pursuant to the
Minnesota Government Data Practices Act or other applicable law, and why. The
Receiving Party shall be responsible for determining whether the requested data are
public or otherwise classified and shall notify the Notified Party in writing or email of its
decision, which notification shall be given at least three Working Days prior to release of
the information or data to the requesting third party (if applicable). If the Notified Party
disagrees with the Receiving Party’s determination, the Notified Party may seek a
protective order via court of competent jurisdiction.
Nothing in this section shall prohibit the disclosure of information, as required by law or
legal process, to a court of competent jurisdiction or any agency or governmental body
from the state or federal government with appropriate authority to request such
information. If either Party is or could be legally compelled to make disclosure of
information, the Receiving Party will notify the Notified Party prior to making such
disclosure (unless prohibited by Applicable Laws) in order to permit the Notified Party to
take steps to limit the effects of such disclosure. To be clear, any request for such
information or documents issued to Xcel Energy from the Minnesota Public Utilities
Commission, the Minnesota Department of Commerce, or the Office of the Minnesota
Attorney General may be responded to by Xcel Energy in full, and if either Party believes
that some portion of the response is non-public, such information or document will be
marked in a manner consistent with the Minnesota Government Data Practices Act.
All reports, drawings, plans, specifications, calculations, studies, software programs,
tapes, models, and memoranda, if any, assembled or prepared by Xcel Energy or Xcel
Energy’s affiliates, independent professional associates, agents, consultants, contractors,
or subcontractors pursuant to this Agreement are instruments of service in respect of the
Agreement, and Xcel Energy shall retain all ownership and property interest therein.
Customer may make and retain copies for information and reference in connection with
the Pilot Project; provided, however, that it is understood and agreed that such
documents are not intended to be re-used by Customer or others on extensions of the
Pilot Project or on any other project or any other purpose other than as expressly set forth
in this Agreement, and Customer shall not re-use or disclose to any third party all or any
portion of such work product without the express prior written consent of Xcel Energy,
which consent shall not be unreasonably withheld.
7.10 Force Majeure. If a Party’s performance is delayed or hindered by a Force Majeure Event,
such Party is excused from such performance for the period of delay, provided that the
Party claiming a Force Majeure Event has notified the other Party of the delay as soon as
is reasonably possible. In such event, the period for the performance shall be extended
for the period of such delay.
7.11 The Parties are independent contractors. Nothing in this Agreement or in the activities
contemplated by the Parties hereunder shall be deemed to create an agency, partnership,
employment or joint venture relationship between the Parties or any of their
representatives. Neither Party is an agent of the other nor has the authority to represent
the other as to any matters. Customer responsible for the safety of its respective agents,
employees and other representatives. Xcel Energy in no way assumes any of the duties,
obligations or liabilities attributed to Customer under the Agreement.
7.12 Those provisions of this Agreement which would require that they survive termination
of the Agreement in whole or part in order to give them full force and effect will survive
the termination of the Agreement, regardless of the date, cause or manner of the
termination. Such provisions include but are not limited to Sections 3.5, 5.2, 5.5, 6.1,
6.2, 6.3, 6.4, 6.5, 7.1, 7.4, 7.5, 7.12, 7.14, 7.15, as well as the Company’s right to retain
any Data collected in connection with the Pilot Project. In addition, all rights of action
arising from or related to the Agreement that accrue during the Term of the Agreement,
and any remedies for such claims, both legal and equitable, will survive such
termination.
7.13 Branding and Consumer Education. The Parties agree to discuss opportunities for
Company branding, consumer outreach and education efforts related to the benefits of
electric vehicles, and implementation of renewable energy in connection with the Pilot
Project.
7.14 Taxes on Sale of EV Supply Infrastructure and Optional Charging Equipment. If Xcel Energy
sells the EV Supply Infrastructure or Optional Charging Equipment, as applicable, to
Customer at the then undepreciated balance of the EV Supply Infrastructure or Optional
Charging Equipment and Customer agrees to purchase the same, then Xcel Energy will
deliver to Customer a Bill of Sale for the undepreciated balance of the EV Supply
Infrastructure or Optional Charging Equipment. Customer further agrees that, in
accordance with federal and state laws in effect at the time of the sale of the EV Supply
Infrastructure or Optional Charging Equipment from Xcel Energy to Customer: (i)
Customer shall be responsible for and shall pay transfer taxes, either directly to a taxing
authority or to Xcel Energy, as required by law, related to the undepreciated balance of
the EV Supply Infrastructure or Optional Charging Equipment as stated on the Bill of Sale;
and (ii) Xcel Energy agrees to complete a Form W-9 “Request for Taxpayer Identification
Number and Certification” in the event of such sale.
7.15 Notice. Any notice required or permitted by this Agreement shall be deemed given (i)
when delivered by hand, (ii) on the next business day after being sent by a reputable
overnight courier service for next business day delivery, or (iii) on the third business day
after being sent by prepaid United States mail, return receipt requested, in each case to
the Party at the address specified as follows:
Customer:
Xcel Energy:
City of Eden Prairie
Attn: City Manager
8080 Mitchell Road
Eden Prairie, MN 55344
Either Party may change its address for notice purposes by giving the other Party prior
written notice of the new address and the date upon which the change will be effective.
IN WITNESS WHEREOF, each of the undersigned is duly authorized and directed to sign this Agreement.
[Insert Customer Name]
By__________________________________ Date: _______________
Name _______________________________
Title_________________________________
By__________________________________ Date: _______________
Name _______________________________
Title_________________________________
Northern States Power Company, d/b/a Xcel Energy
By__________________________________ Date: _______________
Name _______________________________
Title_________________________________
Requested Action Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04.
Synopsis The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits
to the extent of the coverage purchased. Staff recommends that the City choose not to waive.
Attachment Waiver Form
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION: Human Resources Alecia Rose, Administrative
Services/HR Director
ITEM DESCRIPTION: Direct Staff to not Waive the Monetary Limits on Tort Liability Established by Minnesota Statute
466.04
ITEM NO. :
VIII.H.
LflC LEAGUEMINNESOTA CITIES
LIABILITY COVERAGE -WAIVER FORM Member• who obtain liability coverage through the League of Mlnneaota Cities Insurance Trust (LMCIT) muat complete and return thi1 form to LMCIT before the member's effective date of coverage. Return completed form to ),'our underwriter or email to nstech@ lmc.org. The decision to waive or not waive the statutory tort limits must be made annually by the member's governing body, in consultation with its attorney if necessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: •If the member does not waive the statutory tort limits, an individual clajmant could recover no morethan $500,000 on any claim to which the statutory tort limits apply. The total all claimants couldrecover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000.These statutory tort limits would apply regardless of whether the member purchases the optionalLMCIT excess liability coverage.•If the member waives the statutory tort limits and does not purchase excess liability coverage, a singleclaimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort capliability limits are only waived to the extent of the member's liability coverage limits, and the LMCITper occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence towhich the statutory tort limits apply would also be limited to $2,000,000, regardless of the number ofclaimants.•If the member waives the statutory tort limits and purchases excess liability coverage, a single claimantcould potentially recover an amount up to the limit of the coverage purchased. The total all claimantscould recover for a single occurrence to which the statutory tort limits apply would also be limited tothe amount of coverage purchased, regardless of the number of claimants.Claims to which the statutory municipal tort limits do not apply are not affected by this decision. L.EAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 University Avenue West PH: (651) 281-1200 FX: (651) 281-1298 St. Paul, Minnesota 55103 TF: (800) 925-1122 www.lmc.org
LMCIT Member Name:
Check one: □The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn.
Stat. § 466.04.
One member WAIVES the monetary limits on municipal tort liability established by Minn. St.at. §
466.04, to the extent of the limits of the liability coverage obtained from LMCIT.
Date of member's governing body meeting: _________________ _Signature:. ___________ _ Position: ------------
2
City of Eden Prairie
X
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT: Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Enterprise agreement and renewal of Microsoft
licenses (Office 365, SQL Server, Windows Data Center, Windows 10 Enterprise) through State contract
ITEM NO.:
VIII.I.
Requested Action Move to: Approve Enterprise Agreement and Authorize renewal of Microsoft Licenses purchase through SHI.
Synopsis This is a renewal for a 3-year contract, originally entered in 2004 and last renewed in April of 2019. The contract includes annual payments, price protection for the duration of the 3-year
term, and Software Assurance. The original contract was entered in 2004 for a six year term; it has been renewed in 2010, 2013, 2016, and 2019 for a 3-year term. The current agreement expires April 30, 2022.
Pricing received from SHI is through the SHI Minnesota State Contract 48196. The City is enrolled as an affiliate of the State of Minnesota under master agreement number 01E61724 and thus receives the deepest discount on this agreement. Annual investment will be $170,048.42. This enterprise agreement is inclusive of the following:
• Office 365, Skype, OneDrive for Business, Exchange 365 licenses for 545 users
• Windows 10 Enterprise license for 545 workstations
• Enterprise Mobility & Security (includes Azure AD Premium, InTune)
• 13 SQL user CALs
• 18 SQL server (2 core) licenses
• Windows Server Datacenter licenses (96)
• Windows Server Standard Core (16) The payments will be split over the next three years as follows. Year 1: $170,048.42
Year 2: $170,048.42 Year 3: $170,048.42 By leveraging this State contract, we also gain the following benefits:
• Reduced administrative overhead
• Prevention of periodic price changes
• Planning services
• Increased training options
• Office 365 routine upgrades
• MS Office Employee purchase program
• Office Home Use Rights
• TechNet Support
Attachments
• Enterprise Enrollment (Indirect)
• Amendment M97
• Product Selection Form
• Previous Enrollment Agreement
• Signature Form
• SHI Quote (3-yr quote)
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 10
Document X20-10635
Enterprise Enrollment State and Local
Enterprise Enrollment number (Microsoft to complete) 80447035 Framework ID (if applicable)
Previous Enrollment number (Reseller to complete) 84172855
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.
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Document X20-10635
Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program.
“Expiration Date” means the date upon which the Enrollment expires.
“Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights
and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an
industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from
Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
“Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected.
“Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
“Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement;
“Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
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Document X20-10635
"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries.
“Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian
tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a
Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is
placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use.
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Document X20-10635
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or (2) included as part of other Licenses.
g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts
for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order.
(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date and submit a true-up order that accounts for any increase.
(iii) Online Services. For Online Services identified as eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they
were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes
any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count.
2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are
maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not
changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate’s authorized representative.
(vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-
year true-up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 5 of 10
Document X20-10635
may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period.
(vii) Late true-up order. If the true-up order or update statement is not received when due, Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step-up Licenses, by following the true-up order process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered.
j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment.
b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. Except for Online Services designated in the Product Terms as being exempt from fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36-month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 6 of 10
Document X20-10635
Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month (“Extended Term”) is available. During the Extended
Term, Online Services will be invoiced monthly at the then-current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party may terminate the Extended Term by providing the other with a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
“Termination for cause” section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government
Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid
in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services.
b. All terms and conditions applicable to non-Government Community Cloud Services also apply
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10
Document X20-10635
to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain.
d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States.
(ii) Additional European Terms, as set forth in the Use Rights, will not apply.
(iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 8 of 10
Document X20-10635
Enrollment Details
1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise
to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:
Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise):
Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired
after the start of this Enrollment: Exclude future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)* City of Eden Prairie Contact name* First ADITI Last SALUNKE* Contact email address* asalunke@edenprairie.org Street address* 8080 Mitchell Rd. City* Eden Prairie State* MN Postal code* 55344-2203-
(Please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 952-949-8520 Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 10
Document X20-10635
Same as primary contact (default if no information is provided below, even if the box is not checked).
Contact name* First ADITI Last SALUNKE* Contact email address* asalunke@edenprairie.org Street address* 8080 Mitchell Rd. City* Eden Prairie State* MN Postal code* 55344-2203- (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* United States Phone* 952-949-8520 Language preference. Choose the language for notices. English
This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered
under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order.
Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked)
Contact name*: First ADITI Last SALUNKE* Contact email address* asalunke@edenprairie.org Phone* 952-949-8520
This contact is from a third party organization (not the entity). Warning: This contact receives
personally identifiable information of the entity. * indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* SHI International Corp. Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State* NJ Postal code* 08873-4145 Country* United States Contact name* Pierre James Phone* 888-764-8888 Contact email address* msteam@shi.com
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*
Printed name* Printed title* Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 10
Document X20-10635
other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft.
AmendmentApp v4.0 M97 B
Page 1 of 2
Amendment to Contract Documents
Enrollment Number
7-ZEFZ6WKBQ
This amendment (“Amendment”) is entered into between the parties identified on the attached program
signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement.
Enterprise Enrollment (Indirect)
Invoice for Quoted Price
Amendment ID M97
The price quoted to Enrolled Affiliate’s Reseller is a fixed price based on an estimated order submission date. Microsoft will invoice Enrolled Affiliate’s Reseller based on this fixed price quote. If this order is
submitted later than the estimated order submission date, Enrolled Affiliate’s Reseller will be charged for net new Monthly Subscriptions (including Online Services) for the period during which these services
were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled Affiliate’s Reseller.
SKU Number SKU Description Existing Quantity Incremental quantities
AAD-34704 M365 G3 Unified GCC
Sub Per User 290
NYH-00001 Audio Conferencing Select Dial Out GCC Sub
Add-on
545
AAD-63092 M365 F3 Unified GCC Sub Per User 255
Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment
and any provision in the Enrollment or Agreement identified above, this Amendment shall control.
This Amendment must be attached to a signature form to be valid.
AmendmentApp v4.0 M97 B
Page 2 of 2
Microsoft Internal Use Only:
(M97)EnrAmend(Ind)(InvoiceforQuotedPrice)(WW)(ENG)(Oct2020)(IU).docx M97 B
PrevEnrAgrForm(WW)(ENG)(Oct2019) Page 1 of 1 Document X20-12873
Previous Enrollment(s)/Agreement(s) Form
Entity Name: City of Eden Prairie Contract that this form is attached to: State Local Government
For the purposes of this form, “entity” can mean the signing entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s),
and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above.
a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers
to this new contract. Entity shall ensure that each MSDN subscriber transferred is either properly licensed under the new contract or is removed.
b. Entity may select below only one previous contract from which to transfer the Software Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the
program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services
will be the effective date of the new contract (or SA coverage period for Select Plus).
e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online
Services in the appropriate fields of the new contract.
Enrollment/Agreement/ Purchasing Account/Affiliate Registration Description
Enrollment/Agreement/ Purchasing Account/Affiliate Registration Public Customer Number
Transfer SA Benefit Contact
Transfer MSDN Subscribers
Standard Enrollment 84172855
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883
Program Signature Form
MBA/MBSA number 7-ZEFZ6WKBQ
Agreement number 5603385
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10635
Product Selection Form 1181596.003_PSF
Enterprise Amendment M97 (NEW)
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)* City of Eden Prairie
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date (date Microsoft Affiliate countersigns)
Agreement Effective Date (may be different than Microsoft’s signature date)
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation Dept. 551, Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 USA
Pricing Proposal
Quotation #: 21778230
Reference #: 84172855
Created On: 3/22/2022
Valid Until: 3/31/2022
MN CITY OF EDEN PRAIRIE Inside Account Manager
- Public Sector
Aditi Salunke
8080 MITCHELL ROAD
ATTN: ACCOUNTS PAYABLE
EDEN PRAIRIE, MN 55344
United States
Phone: 952-949-8520
Fax:
Email:
Skylar Devitt
290 Davidson Ave
Somerset, NJ 08873
Phone: 732 564-8145
Fax:
Email:skylar_devitt@shi.com
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 M365 G3 Unified GCC Sub Per User
Microsoft - Part#: AAD-34704
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
290 $387.12 $112,264.80
2 M365 F3 Unified GCC Sub Per User
Microsoft - Part#: AAD-63092
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
255 $85.38 $21,771.90
3 SQLCAL ALNG SA MVL DvcCAL
Microsoft - Part#: 359-00792
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
4 $35.12 $140.48
4 SQLCAL ALNG SA MVL UsrCAL
Microsoft - Part#: 359-00961
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
13 $35.12 $456.56
5 SQLSvrStd ALNG SA MVL
Microsoft - Part#: 228-04433
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
5 $151.00 $755.00
6 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic
Microsoft - Part#: 7NQ-00292
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
18 $603.12 $10,856.16
7 Win Server DC Core ALng SA 2L
Microsoft - Part#: 9EA-00278
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
32 $129.50 $4,144.00
8 Win Server Standard Core ALng SA 2L
Microsoft - Part#: 9EM-00270
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
16 $19.88 $318.08
9 Win Server DC Core ALng LSA 2L
Microsoft - Part#: 9EA-00039
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2022 – 4/30/2023
64 $302.21 $19,341.44
10 M365 G3 Unified GCC Sub Per User
Microsoft - Part#: AAD-34704
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
290 $387.12 $112,264.80
11 M365 F3 Unified GCC Sub Per User
Microsoft - Part#: AAD-63092
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
255 $85.38 $21,771.90
12 SQLCAL ALNG SA MVL DvcCAL
Microsoft - Part#: 359-00792
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
4 $35.12 $140.48
13 SQLCAL ALNG SA MVL UsrCAL
Microsoft - Part#: 359-00961
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
13 $35.12 $456.56
14 SQLSvrStd ALNG SA MVL
Microsoft - Part#: 228-04433
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
5 $151.00 $755.00
15 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic
Microsoft - Part#: 7NQ-00292
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
18 $603.12 $10,856.16
16 Win Server DC Core ALng SA 2L
Microsoft - Part#: 9EA-00278
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
32 $129.50 $4,144.00
17 Win Server Standard Core ALng SA 2L
Microsoft - Part#: 9EM-00270
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
16 $19.88 $318.08
18 Win Server DC Core ALng LSA 2L
Microsoft - Part#: 9EA-00039
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2023 – 4/30/2024
64 $302.21 $19,341.44
19 M365 G3 Unified GCC Sub Per User
Microsoft - Part#: AAD-34704
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
290 $387.12 $112,264.80
20 M365 F3 Unified GCC Sub Per User
Microsoft - Part#: AAD-63092
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
255 $85.38 $21,771.90
21 SQLCAL ALNG SA MVL DvcCAL
Microsoft - Part#: 359-00792
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
4 $35.12 $140.48
22 SQLCAL ALNG SA MVL UsrCAL
Microsoft - Part#: 359-00961
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
13 $35.12 $456.56
23 SQLSvrStd ALNG SA MVL
Microsoft - Part#: 228-04433
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
5 $151.00 $755.00
24 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic
Microsoft - Part#: 7NQ-00292
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
18 $603.12 $10,856.16
25 Win Server DC Core ALng SA 2L
Microsoft - Part#: 9EA-00278
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
32 $129.50 $4,144.00
26 Win Server Standard Core ALng SA 2L
Microsoft - Part#: 9EM-00270
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
16 $19.88 $318.08
27 Win Server DC Core ALng LSA 2L 64 $302.21 $19,341.44
Microsoft - Part#: 9EA-00039
Contract Name: Open Market
Contract #: Open Market
Coverage Term: 5/1/2024 – 4/30/2025
Subtotal $510,145.26
Total $510,145.26
Additional Comments
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts,
please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman
Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0
The products offered under this proposal are Open Market and resold in accordance with the terms and conditions at SHI Online
Customer Resale Terms and Conditions.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Lauren Stufft, Forestry & Natural Resources Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Approve the Tree Removal Agreement and Agreement Regarding Special Assessments
ITEM NO.:
VIII.J.
Motion
Move to: Approve the Tree Removal Agreement and Agreement Regarding Special
Assessments with Joel Ackerman and Karen Ackerman.
Synopsis
City of Eden Prairie Tree Inspectors marked five EAB infested ash trees for removal at 6521 Rowland Rd. Under City Code, these trees must be removed in order to reduce the risk of EAB spreading. The property owner contacted the City and preferred to have staff bid the project out and have the cost of removing the trees plus associated fees assessed to the property with
payments spread over a three-year period. Background The City has had a Shade Tree Pest Control ordinance since 1989 for the control of Oak Wilt and Dutch Elm disease. With the emergence of emerald ash borer, City Code was updated to include this
pest in 2017. Code outlines the processes and procedures for the removal of trees to control and prevent the spread of these pests. Attachment Tree Removal Agreement and Agreement Regarding Special Assessments
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award contract for Pioneer Tr Trail Rehab and Staring Lake Parking Lot Project to Bituminous Roadways, Inc.
ITEM NO.:
VIII.K.
Motion
Move to: Award contract for Pioneer Tr Trail Rehab at Pioneer Trail from Dell Road to Riley Lake Road and north on Riley Lake Road to the Bear Path Golf Maintenance Building, the replacement of the parking lot at Staring Park, and the reconstruction of the Neil Lake Berm Trail to Bituminous Roadways, Inc. in the
amount of $334,680.00. Synopsis This parking lot and trails have numerous structural cracking and surface flaking. They are becoming un-level and potentially unsafe. The best option is to tear out existing bituminous,
regrade, compact, and repave. Background The scope of this project is to tear out existing bituminous, regrade, compact, and repave.
Additionally, the lower parking lot at Staring Park will be repaved and striped.
The staff estimate and budget for this project was $354,788.00. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department.
Bid Summary and Recommendation The summary of the bids submitted is as follows: 2020 Parking Lots, Trails, and Plaza
Bituminous Roadways Inc. $334,680.00
Park Construction Company $363,894.51
ACI Asphalt & Concrete $370,000.00
Minnesota Roadways Company $391,985.21
Urban Companies $453,474.90
Attachment
Form of Contract
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 19th day of April 2022, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Bituminous Roadways, Inc., hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Parks and Recreation Department and Public
Works Department referred to in Paragraph IV, as provided by the CITY for: IC: 22814 Pioneer Tr Trail Rehab and Park Imp Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR’S proposal on file in
the office of the Parks Construction Supervisor. The aggregate sum of such prices, based on estimated required quantities is estimated to be $334,680.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond
e. Contractor's Payment Bond
(2) Special Conditions (3) Detail Specifications
(4) General Conditions (5) Plans
(6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part
of this Agreement as if fully set forth herein. This Agreement and the Contract Documents
are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________ Ronald A. Case, City Mayor
__________________________________ By_______________________________ Rick Getschow, City Manager
CONTRACTOR In Presence Of: ____________________________________
__________________________________ By ________________________________ Its __________________________
__________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: I.C. 22805
Award Contract to Corrective Asphalt Materials, LLC for the 2022 Surface Seal Project
ITEM NO.:
VIII.L.
Requested Action
Move to: Award the Contract for 2022 Surface Seal Project to Corrective Asphalt Materials, LLC in the amount of $465,311.00. Synopsis
Bids were received on Thursday, March 31, 2022 for the 2022 Surface Seal Project. One bid was received as tabulated below: Corrective Asphalt Materials, LLC $465,311.00 Background Information Street sealcoating is an annual street maintenance project. The surface seal project this year will consist of applying a maltene based rejuvenating agent to the street. Placing the rejuvenating agent on newer pavement surfaces replenishes the maltenes in the asphalt street that are lost over
time. This should lead to the reduction of raveling, pitting, cracks, potholes and other signs of aging and delay the need for overlays and ultimately extend the life of the pavement. The 2022 Operating and Maintenance budget for sealcoating is $215,000. The balance between the actual project costs and the budgeted amount will be taken from the CIP pavement
management fund. Attachment Contract
CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this _____ day of __________ 2022, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Corrective Asphalt Materials LLC, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 22805- 2022 Surface Seal Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $465,311.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in one copy. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Scott Riley
Public Works / Streets
ITEM DESCRIPTION:
Award Contract for Fence Replacement along County Road 62 corridor
ITEM NO.:
VIII.M.
Requested Action
Move to: Award Contract for fence replacement along County Road 62 corridor to Sterling Fence Inc. Synopsis
A request for quotes was sent out for the installation of approximately 500 linear feet of fence replacement. Two quotes were received on March 16, 2022, with Sterling Fence Inc as the low bid at $45,712. Bidder Estimate
Sterling Fence Inc $45,712
Action Fence $46,000
Background Information
When County Road 62 was reconstructed, an agreement was made between Hennepin County
and the City of Eden Prairie regarding maintenance of fences and retaining walls. Through this agreement it was determined the city would be responsible for repair and replacement of the 6-foot-tall double sided fence that acts as a visual barrier between residential neighborhoods and County Road 62. The fencing along the south side of the roadway has become old, rotted, and is
falling down. The Public Works Department has developed a 4-year plan to start replacing large
sections of fencing through the annual budget allocation in the capital improvement plan for right-of-way maintenance and repairs. Attachment
Signed Contract
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 19th day of April, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Sterling Fence Inc., a Minnesota Company (hereinafter "Contractor") whose business address is 13480 Pioneer Trail, Eden Prairie, MN 55344.
.
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 the installation of approximately 500 Lineal Feet of fencing along the CR 62 corridor 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 and B. Any general or
specific conditions, terms, agreements, contractor or industry proposal, or contract terms
attached to or a part of Exhibit B are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. This agreement shall become effective as of
April 19, 2022. The Work shall begin within 30 days of the effective date and shall be
completed by June 3, 2022. 3. Compensation for Services. City agrees to pay the Contractor according to Exhibit B, with total payments not to exceed $60,000, as full and complete payment for the labor, materials
and services rendered pursuant to this agreement and as described in Exhibit A and B.
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 15
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 15
6. Project Manager and Staffing. The Contractor shall designate 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 15
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 15
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 15
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 15
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 15
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 15
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 15
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
termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
Standard Construction Contract 2018 08 01 Page 11 of 15
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.
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.
Standard Construction Contract 2018 08 01 Page 12 of 15
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.
Standard Construction Contract 2018 08 01 Page 13 of 15
CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
CONTRACTOR
By: ________________________________ Its: ________________________________
Standard Construction Contract 2018 08 01 Page 14 of 15
Exhibit A
Scope of Work
The work to be done under this Contract shall include, but is not necessarily limited to, furnishing all labor, materials, transportation, tools, supplies, equipment, etc. necessary to install approximately
500 LF of double-sided, privacy fence along the County Road 62 corridor that The City of Eden
Prairie has removed according to price specified on quote. Contractor Responsibilities
- Locating of existing public and private utilities, irrigation, and dog fences
- Furnish materials and labor for proper construction of double-sided fence
- Mechanical or hand digging of fence posts may be required
- Traffic/Pedestrian Control if needed
- Clean up all refuse upon completion of the fence
- Repair or restore damage to lawns and boulevard caused by installation of
fence
City Responsibilities
- Remove and dispose of old fence
- Repair or restore damage to lawns and boulevard caused by removal of fence
Property Damage
The Contractor shall attempt to field verify existing irrigation and/or pet containment systems in the
project area prior to construction. Any damage caused by the contractor during installation of the fence shall be the responsibility of the contractor to fix to the resident’s satisfaction. Property owners must be notified immediately of damage to pet containment systems, repaired, and functional by the end of the workday.
The contractor will be responsible for repair and restoration of damage or rutting of grass areas caused by the installation of fence. Areas of damage shall be filled, graded, and seeded to original profile.
Final Payment
Final payment will be made upon competition and certification of an IC134, Minnesota Department
of Revenue Withholding Affidavit. You must submit the IC134, either my mail or electronically, to the Minnesota Department of Revenue to verify you have met state withholding requirements.
Standard Construction Contract 2018 08 01 Page 15 of 15
Exhibit B
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION:
Approve Institution Community Work Crew Agreement
IEM NO.:
VIII.N.
Requested Action
Move to: Approve Institution Community Work Crew Agreement. Synopsis Annual agreement for labor assistance provided by the Minnesota Department of Corrections
through the Institution Community Work Crew (ICWC) program from July 1, 2022 through June 30, 2024 at a cost of $104,000 per year. The types of tasks ICWC members perform are related to street, park and utility maintenance. Background Information
Each year, the city relies on labor assistance provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC) program. The types of tasks ICWC members perform are related to street, park and utility maintenance. ICWC members are supervised by a crew leader provided by the state. The ICWC program provides up to ten crew
members and one crew leader for four days per week. This program helps provide offender crew members with valuable job skills and experience, while allowing the city to keep maintenance costs of our infrastructure low. Similar agreement with the Department of Corrections have been used in Eden Prairie since the early 1990s.
Attachment Agreement
Rev. 12/2020 Page 1 of 3
State of Minnesota
Income Contract
SWIFT Contract No.:
This contract is between the State of Minnesota, acting through its Commissioner of Corrections, Institution Community
Work Crew, 1450 Energy Park Drive, St. Paul, Minnesota 55108 (“State”), and the City of Eden Prairie, whose designated
business address is 15150 Technology Drive, Eden Prairie, Minnesota, 55344 (“Purchaser"). State and Purchaser may be
referred to jointly as “Parties.”
Recitals
1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts.
2. The Purchaser is in need of an Institution Community Work Crew (ICWC).
3. The State represents that it is duly qualified and agrees to provide the services described in this contract.
Accordingly, the Parties agree as follows:
Contract
1 Term of Contract
1.1 Effective date: July 1, 2022, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: June 30, 2024, or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
2 State’s Duties
The State will:
2.1 Provide a crew leader who will supervise up to ten (10) offender crewmembers during four (4) 10-hour
days per week, including the hours crew leaders spend for daily preparation, communication and travel.
The crew leader will take directions as to the location and nature of the work to be completed on a given
day as requested by the Purchaser’s Authorized Representative or designee.
2.2 Train each work crew in safety principles and techniques set forth by applicable federal, state and local
agency requirements. Purchaser agrees that the State has the authority to refuse selected projects if it
considers the projects beyond the skill level of the crewmembers and/or unsafe to perform.
2.3 Provide the work crew with required personal safety equipment and clothing needed for specific work.
2.4 Screen projects to ensure that appropriate staff are assigned.
2.5 Submit reports to the Purchaser upon request.
3 Purchaser’s Duties
The Purchaser will
3.1 Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor.
3.2 Assign all work and coordinate material purchases and delivery through the ICWC crew leader for projects
to be performed by the State.
3.3 Hire any subcontractors utilized in the project.
3.4 Provide utilities at the work site and set up accounts for the purchase of materials and rental of specialized
tools or equipment needed for the work.
3.5 Meet with the State as necessary to provide project information needed by the State in the performance
of its’ duties.
Rev. 12/2020 Page 2 of 3
4 Payment
The Purchaser will pay the State for all services performed by the State under this contract as follows:
Payment shall be made by the Purchaser to the State in the amount of fifty-two thousand two hundred and 00/100
dollars ($52,000) on July 1, 2022, fifty-two thousand two hundred and 00/100 dollars ($52,000) December 1, 2022,
fifty-two thousand two hundred and 00/100 dollars ($52,000) on July 1, 2023, and fifty-two thousand two hundred
and 00/100 dollars ($52,000) on December 1, 2023. Any overtime hours will be billed at the rate of eighty-five
and 00/100 dollars ($85.00) per hour.
The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is
two hundred eight thousand and 00/100 dollars ($208,000.00), plus any additional overtime hours, as its share of
the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term
of this agreement. The Purchaser’s share includes time scheduled for training, vacation, sick leave and holidays
based on the terms and condition of the crew leaders AFSCME bargaining agreement.
5 Authorized Representatives
The State's Authorized Representative is Scott Miller, ICWC Supervisor 1450 Energy Park Drive, Suite 200, St. Paul,
MN 55108. Phone: 651-587-0570, or his successor.
The Purchaser’s Authorized Representative is Jason Goblirsch, Parks Supervisor, City of Eden Prairie, 15150
Technology Drive, Eden Prairie, Minnesota, 55344 or his successor.
6 Amendments, Waiver, and Contract Complete
6.1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original contract, or
their successors in office.
6.2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision
or its right to enforce it.
6.3 Contract Complete. This contract contains all negotiations and agreements between the State and the
Purchaser. No other understanding regarding this contract, whether written or oral, may be used to bind
either party.
7 Liability
Each party will be responsible for its own acts and behavior and the results thereof. Each party will be responsible
for its own acts and behavior and the results thereof. The liability of each party is set out respectively in chapter
3.736 and Chapter 466.04 of the Minnesota Statutes and is subject to the limitations thereof. Nothing herein shall
be construed to limit either party from asserting against third parties any defenses or immunities (including
common law, statutory and constitutional) it may have or be construed to create a basis for a claim or suit when
none would otherwise exist. This provision shall survive the termination of this Agreement.
8 Government Data Practices
The Purchaser must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies
to all data provided by the State under this contract. The civil remedies of Minn. Stat. § 13.08 apply to the release
of the data referred to in this clause by either the Purchaser or the State.
If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must immediately
notify the State. The State will give the Purchaser instructions concerning the release of the data to the requesting
party before the data is released.
9 Publicity
Any publicity regarding the subject matter of this contract must not be released without prior written approval
from the State’s Authorized Representative.
Rev. 12/2020 Page 3 of 3
10 Audit
Under Minn. Stat. § 16C.05, subd. 5, the Purchaser’s books, records, documents, and accounting procedures and
practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a total of six years.
11 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal
proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
12 Termination
Either party may terminate this agreement at any time, with or without cause, upon 30 days’ written notice to the
other party.
1. Purchaser
Print Name: ________________________________
Signature: _________________________________
Title: Date: ___________
Purchaser
Print Name: ________________________________
Signature: _________________________________
Title: Date: ___________
State Agency
With delegated authority
Print Name: ________________________________
Signature: __________________________________
Title: Date: ___________
Commissioner of Administration
As delegated to The Office of State Procurement
Print Name: ________________________________
Signature: __________________________________
Title: Date: ___________
Admin ID: __________________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
April 19, 2022
DEPARTMENT/DIVISION:
Lori Haak Public Works / Engineering
ITEM DESCRIPTION: IC# 5938-16
Approve Grant Agreement for Watershed Outlet Monitoring Program (WOMP) with the Metropolitan Council
ITEM NO.:
VIII.O.
Requested Action
Move to: Approve the Grant Agreement between the Metropolitan Council and the City of Eden Prairie for the Metropolitan Area Watershed Outlet Monitoring Program
Synopsis
This grant agreement allows the City to access up to $10,000 in grant funds from Metropolitan Council toward the cost of operations and maintenance of a water quality monitoring and sampling station on Riley Creek. In addition to the grant funds, the agreement provides for Metropolitan Council to complete the water quality analysis of the samples collected,
measurement of flow rates, and any major maintenance of the monitoring equipment (at an
estimated cost of $6,625). Background Information The objective of the Watershed Outlet Monitoring Program (WOMP) is to obtain water quality
monitoring information needed for assessing current watershed conditions, for developing total
maximum daily (pollutant) loads (TMDLs) in cooperation with the Minnesota Pollution Control Agency and for measuring progress toward achievement of TMDL goals and water quality standards as non-point source best management practices are implemented.
On February 8, 2022, the City entered into a contract with Barr Engineering for professional
services related to the WOMP through January 31, 2024. These tasks include maintenance and
calibration of monitoring equipment, preparation for and storm event sampling including delivery of samples for analysis, preparation for and grab sampling including delivery of samples for analysis, downloading and reviewing data files, coordination with City staff, preparation of a year-end summary report, and coordination with Metropolitan Council Environmental Services.
This grant agreement helps to defray the costs associated with the City’s participation in the
WOMP.
Attachment
Agreement
1
Contract No: SG-17641 GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF EDEN PRAIRIE FOR THE METROPOLITAN AREA WATERSHED OUTLET MONITORING PROGRAM (WOMP1) THIS AGREEMENT is made and entered into by and between the METROPOLITAN COUNCIL (the "Council") and the City of Eden Prairie (the "Grantee"), each acting by and through its duly authorized officers. WHEREAS: 1. The Metropolitan Council has been charged by the Minnesota Legislature (Minnesota Statutes, section 473.157, Water Resources Plan) with the development of target pollution loads for all Metropolitan Area watersheds. 2. A search of the available data yielded very little data adequate for use in the development of these loads. 3. The Metropolitan Council has authorized its staff to enter into grant agreements with various watershed management organizations for the collection of watershed outlet data.
4. The Grantee has expressed an interest in collecting water quality data at the watershed outlet.
5. The Grantee has exhibited the technical capability to conduct a watershed outlet monitoring program.
6. The Council has reviewed the Grantee’s proposal and desires to assist it in the collection of data. NOW, THEREFORE, the Council and the Grantee agree as follows: I. GRANTEE PERFORMANCE OF GRANT PROJECT 1.01 Grant Project. The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the specific activities described in Exhibit A (“WOMP Monitoring Work Plan”) and to undertake the financial responsibilities described in Exhibit B (“WOMP Monitoring Budget and Financial Responsibilities” document), both of which are attached to and incorporated in this agreement. These activities and financial
responsibilities are referred to in this agreement as the “Grant Project”. 1.02 Use of Contractors. With the approval of the Council’s Grant and Project
Managers, the Grantee may engage contractors to perform Grant Project activities. However, the Grantee retains primary responsibility to the Council for performance of the Grant Project and the
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use of such contractors does not relieve the Grantee from any of its obligations under this agreement. 1.03 Material Representations. The Grantee agrees that all representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. II. AUTHORIZED USE OF GRANT FUNDS 2.01 Authorized Uses. Grant funds may be used only for costs directly associated with Grant Project activities, as described in paragraph 1.01, and which: i) occur during the Project Activity Period specified in paragraph 6.01, and ii) are eligible expenses as listed in the Grantee Financial Responsibilities portion of the WOMP Monitoring Budget and Financial Responsibilities document (Exhibit B). Grant funds may also be used to prepare the data and financial reports required by paragraphs 5.02 and 5.03 of this grant agreement. No other use of grant funds is permitted. 2.02 Unauthorized Uses of Grant Proceeds. Grant funds cannot be used to purchase land, buildings, or other interests in real property, or to pay legal fees, or permit, license, or other authorization fees, unless specifically approved in advance by the Council's Grant Manager. 2.03 Project Equipment and Supplies. With approval of the Council’s Project Manager, grant funds may be used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the Grant Project. The Grantee will comply with the personal property
management requirements described in article VIII of this agreement, with regard to any property purchased pursuant to this paragraph. III. GRANT AMOUNT AND DISTRIBUTION 3.01 Maximum Grant Amount. The Council shall pay to the Grantee a Maximum Grant
Amount of $10,000. Provided, however, that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Maximum Grant Amount of $10,000; or, b. the actual amount expended by the grantee on eligible expenses as specified in paragraph 2.01. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the Grant Project. 3.02 Distribution of Grant Funds. Grant funds will be distributed by the Council according to the following schedule: a. Within ten working days of Council execution of this agreement, the Council will distribute to the Grantee forty-five (45%) of the Maximum Grant Amount.
b. Upon Council approval of Grantee’s January 2023 financial report required by paragraph 5.03, the Council will distribute to the Grantee forty-five (45%) percent of the Maximum
Grant Amount.
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c. Upon approval of Grantee’s January 2024 financial report required by paragraph 5.03, the Council will distribute to Grantee the final payment of the remainder of the Maximum Grant
Amount. However, no payment will be made which would cause the distribution of grant funds to exceed the limits in paragraph 3.01. Further, if the amount already paid to Grantee by the Council pursuant to this paragraph exceeds the cumulative amount actually expended by the Grantee on eligible expenses as specified in paragraph 2.01, the Council shall notify Grantee of the amount of over-payment. Grantee shall repay to the Council the amount of such overpayment within 30 calendar days of receipt of such notice from the Council. No payment will be made under this paragraph if the Grantee is not current in its reporting requirements under article V at the time the payment is due. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. 3.03 Repayment of Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council, the Grantee agrees to promptly repay such amounts to the Council.
3.04 Reversion of Unexpended Funds. All funds granted by the Council under this agreement that have not been expended for authorized Grant Project activities as described in paragraph 2.01 shall
revert to the Council. IV. ACCOUNTING AND RECORDKEEPING REQUIREMENTS
4.01 Documentation of Grant Project Costs. All costs charged to the Grant Project must be supported by proper documentation, including properly executed payroll and time records, invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges. 4.02 Establishment and Maintenance of Grant Project Information. The Grantee agrees to establish and maintain accurate, detailed, and complete separate books, accounts, financial records, documentation, and other evidence relating to: i) Grantee’s performance under this agreement, and ii) the receipt and expenditure of all grant funds under this agreement. The Grantee shall establish and maintain all such information in accordance with generally accepted accounting principles and practices and shall retain intact all Grant Project information until the latest of: a. complete performance of this agreement; or b. six (6) years following the term of this agreement; or
c. if any litigation, claim, or audit is commenced during either such period, when all such litigation, claims or audits have been resolved.
If the Grantee engages any contractors to perform any part of the Grant Project activities, the Grantee agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain Grant Project information in accordance with the provisions of this paragraph and to allow audit
of such information in accordance with paragraph 4.03. 4.03 Audit. The accounts and records of the Grantee relating to the Grant Project shall be audited in the same manner as all other accounts and records of the Grantee are audited. During the time of maintenance of information under paragraph 4.02, authorized representatives of the Council, and the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, section 16C.05,
subdivision 5, will have access to all such books, records, documents, accounting practices and procedures, and other information for the purpose of inspection, audit, and copying during normal business hours. The Grantee will provide proper facilities for such access and inspection.
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V. REPORTING AND MONITORING REQUIREMENTS
5.01 Monitoring Work Plan. The WOMP Monitoring Work Plan (Exhibit A) includes the specific geographic area and watershed outlet affected by the Grant Project, the tasks to be undertaken together with schedules and the organization responsible for the tasks’ costs. The Grantee Financial Responsibilities portion of the WOMP Monitoring Budget and Financial Responsibilities document (Exhibit B) lists the Grantee expenses eligible for reimbursement by the Council, subject to the limitations of paragraph 2.01. The Grantee agrees to abide by the Monitoring Work Plan, including the Quality Control Provisions listed in the Monitoring Work Plan. 5.02 Grant Project Data Reports. The Grantee will submit Grant Project data reports to the Council in accordance with the requirements in the WOMP Monitoring Work Plan (Exhibit A). 5.03 Grant Project Financial Reports. In January 2023 and January 2024, the Grantee will submit a financial report detailing expenses incurred by Grantee for the Grant Project in the preceding
twelve calendar months which are eligible for reimbursement by the Council in accordance with paragraph 2.01. 5.04 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in conditions, local law, or any other event that may affect the Grantee's ability to perform the Grant Project in accordance with the terms of this agreement. VI. GRANT PROJECT ACTIVITY PERIOD; TERM; TERMINATION 6.01 Project Activity Period. The Grantee agrees to complete the Grant Project activities specified in paragraph 1.01 during the period from January 1, 2022 through December 31, 2023 (the "Project Activity Period"). 6.02 Term. The term of this agreement shall extend from the effective date of this agreement to a date 60 calendar days following the end of the Project Activity Period, to permit closeout of this agreement. 6.03 Termination. Either the Council or the Grantee may terminate this grant agreement at any time, with or without cause, by providing the other party written notice of such termination at least thirty (30) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled
to compensation for Grant Project activities in accordance with this grant agreement which were satisfactorily performed and incurred prior to the effective date of the termination. Any remaining grant funds which have been distributed to Grantee will be returned to the Council no later than the effective date
of such termination. Upon such effective date of termination, a) all data collected by Grantee prior to the effective date of termination shall be turned over to the Council by Grantee; and b) all Council personal property in possession of Grantee wherever located and all property acquired with Grant funds shall be
turned over to the Council by Grantee. 6.04 Termination by Council for Noncompliance. If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven calendar days written notice to the Grantee and upon failure of the Grantee to cure the noncompliance within the seven-day period. Noncompliance includes failure to make reasonable
progress toward completion of the Grant Project. If the Council finds that the Grantee's noncompliance is willful and unreasonable, the Council may terminate or rescind this agreement and require the Grantee to
5
repay the grant funds in full or in a portion determined by the Council. Nothing in this paragraph shall be construed so as to limit the Council's legal remedies to recover grant funds.
6.05 Effect of Grant Project Closeout or Termination. The Grantee agrees that Grant Project closeout or termination of this agreement does not invalidate continuing obligations imposed on the Grantee by this agreement. Grant Project closeout or termination of this agreement does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. VII. COUNCIL’s GRANT MANAGER AND PROJECT MANAGER Financial aspects of this grant agreement will be handled by the Council’s Grant Manager. The Council’s Grant Manager for this grant agreement is Joe Mulcahy, or such other person as may hereafter be designated in writing by the Council.
Technical aspects of the Grant Project, including supervision of the Grantee under the Monitoring Work Plan, will be handled by the Council’s Project Manager. The Council’s Project Manager for this grant agreement is Casandra Champion, or such other person as may hereafter be designated in writing by
the Council. However, nothing in this agreement will be deemed to authorize such Grant Manager or Project
Manager to execute amendments to this Grant Agreement on behalf of the Council. VIII. GRANT PROPERTY AND DATA 8.01 Title. Title to all personal property at the monitoring station site as described in Exhibit A and all property acquired with grant funds will remain with the Council. The Council authorizes the Grantee to utilize the personal property at the site in carrying out the Grant Project activities during the Project Activity Period. 8.02 Maintenance. The Grantee agrees to maintain any such personal property in good operating order. If, during the Project Activity Period, any personal property is no longer available for use in performing the Grant Project, whether by planned withdrawal, misuse, or casualty loss, the Grantee shall immediately notify the Council's Project Manager.
8.03 Utility Services. The Council shall make arrangements with local utilities to provide both telephone and electrical hookups as needed at the monitoring station specified in Exhibit A. All utility accounts serving the monitoring station shall be in the name of the Council. All telephone and electric
utility costs for the monitoring station shall be paid by the Council. 8.04 Grant Project Closeout or Termination. No later than a) the effective date of termination
as provided in Sections 6.03 and 6.04 of this Grant Agreement or b) no later than sixty (60) calendar days following the end of the Project Activity Period ("Project Closeout Date"), whichever is applicable: i) all data defined in Section 9.04 of this Agreement collected by Grantee prior to the Project Closeout Date or the effective date of termination shall be turned over to the Council by Grantee; and ii) all Council personal property in possession of Grantee wherever located and all
property acquired with Grant funds shall be turned over to the Council by the Grantee. Provided, however, that if the Grant Agreement has not been terminated by either party and Grantee continues to participate in the Watershed Outlet Monitoring Program (WOMP1)
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through a subsequent Grant Agreement with the Council, Grantee shall not be required to comply with Section 8.04 subparagraph (ii) until such time as Grantee's participation in the WOMP1
program ceases. IX. GENERAL CONDITIONS 9.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by duly authorized officers of the parties to this agreement. 9.02 Assignment Prohibited. Except as provided in paragraph 1.02, the Grantee shall not assign, contract out, sublet, subgrant, or transfer any Grant Project activities without receiving the express written consent of the Council. The Council may condition such consent on compliance by the Grantee with terms and conditions specified by the Council. 9.03 Indemnification. The Grantee assumes liability for and agrees to defend, indemnify and
hold harmless the Council, its members, officers, employees and agents, from and against all losses, damages, expenses, liability, claims, suits, or demands, including without limitation attorney's fees, arising out of, resulting from, or relating to the performance of the Grant Project by Grantee or Grantee’s
employees, agents, or subcontractors. 9.04 Grant Project Data. The Grantee agrees that the results of the Grant Project, the reports
submitted, and any new information or technology that is developed with the assistance of this grant may not be copyrighted or patented by Grantee. The Grantee shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, in administering data under this agreement. 9.05 Nondiscrimination. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this Grant Project because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 9.06 Promotional Material: Acknowledgment. The Grantee agrees to submit to the Council a copy of any promotional information regarding the Grant Project disseminated by the Grantee. The
Grantee shall appropriately acknowledge the grant assistance made by the Council in any promotional materials, reports, and publications relating to the Grant Project. 9.07 Compliance with Law; Obtaining Permits, Licenses and Authorizations. The Grantee agrees to conduct the Grant Project in compliance with all applicable provisions of federal, state, and local laws, ordinances or regulations. The Grantee is responsible for obtaining all federal, state, and local
permits, licenses, and authorizations necessary for performing the Grant Project. 9.08 Workers Compensation; Tax Withholding. The Grantee represents that it is compliance with the workers compensation coverage requirements of Minnesota Statutes, section 176.181, subdivision 2, and that it, and any of its contractors or material suppliers, if any, under this contract, are in compliance with the tax withholding on wages requirements of Minnesota Statutes, section 290.92.
9.09 Jurisdiction, Venue, and Applicable Law. Venue for all legal proceedings arising out of this agreement, or breach of this agreement, shall be in the state or federal court with competent
7
jurisdiction in Ramsey County, Minnesota. All matters relating to the performance of this agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. Date ______________________
GRANTEE ___________________________________ By __________________________________________ Name ________________________________________
Title _________________________________________
By __________________________________________
Name ________________________________________ Title _________________________________________
Date ______________________
METROPOLITAN COUNCIL By __________________________________________ Sam Paske Assistant General Manager, Environmental Quality Assurance Department
WOMP1 (Revised 03/10/22)
8
EXHIBIT A WOMP MONITORING WORK PLAN EXHIBIT A WOMP MONITORING WORK PLAN
The Grantee, City of Eden Prairie, will operate and maintain the water quality monitoring site at Riley Creek 15995 Flying Cloud Drive Eden Prairie, MN. The Grantee, or designated agent, will conduct monitoring work from January 1, 2022 through December 31, 2023. The Grantor, Metropolitan Council Environmental Services (MCES)
will provide training, supplies and technical support to the Grantee and/or its designated agent through the WOMP Coordinator, Casandra Champion.
CONTACT INFORMATION
Casandra Champion, WOMP Coordinator 651-602-8745 (office) Casandra.champion@metc.state.mn.us Daniel Henely, Assistant Manager Water Resources 651-602-8085 (office) Daniel.henely@metc.state.mn.us MCES Lab Services Logging Bench 651-692-8293 Sara.voth@metc.state.mn.us WORKPLAN
Site Visits At each site visit, the Grantee will record stage, stream control conditions and obtain instantaneous temperature, conductivity, pH, dissolved oxygen, and turbidity measurements. The Grantee will record measurements and observations on an MCES Sample Submission Sheet and Field Notes form and submit the form to the WOMP Coordinator. Rating Curve Measurements The WOMP Coordinator will coordinate with the Grantee to ensure that flow measurements are being made approximately every six weeks, with additional targeted high-flow measurements as conditions allow. Flow measurement data collected by the Grantee will be submitted to the WOMP Coordinator. This submission should include the electronic file and a completed MCES Sample Submission Sheet and Field Notes form. Water Quality Samples The Grantee will routinely sample stream water quality by submitting bi-weekly grab samples, 26 samples per year. If ice conditions preclude taking a sample, the Grantee will attempt to collect the next sample after four weeks. The Grantee will measure and record temperature, conductivity, pH, dissolved oxygen and turbidity. The first sample collected in March, June, September and December will include additional quarterly analyses as determined by the WOMP Coordinator. If the site has an autosampler, the Grantee will collect discrete auto-grabs or flow-weighted composite samples to characterize storm events. If sufficient water volume in available, an aliquot should be poured into a separate container for temperature, conductivity, pH, dissolved oxygen and turbidity measurements. Datalogger programming and sample collection timing will be coordinated by the WOMP Coordinator.
9
If the site does not have an autosampler, event grabs will be collected to characterize storm event. Event grab timing will be coordinated by the WOMP Coordinator and MPCA WPLMN staff. The WOMP Cooperator will use a Secchi Tube to measure transparency with every event grab. E. coli Samples The Grantee will collect an E. coli grab sample with every water quality grab or autosampler sample. E. coli samples
must be delivered within 24 hours of collection; every effort should be made to deliver the sample within 4-5 hours. Quality Assurance/Quality Control Samples The Grantee will collect three QA/QC samples per year; one equipment blank, one routine grab field duplicate and one quarterly grab field duplicate. Forms and Labels The Grantee will complete an MCES Sample Submission Sheet and Field Notes form for every grab, autosampler, or QA/QC sample. The Grantee will clearly label all sample bottles and Whirl-Pacs with project number, location, date and time.
Sample Submission
The Grantee will submit all water quality samples to MCES Laboratory Services at the Metropolitan Wastewater Treatment Plant, 2400 Childs Road, St. Paul, Minnesota. The Grantee will notify Logging Bench staff before sample delivery. Deliveries should be prior to 2:00 PM, coordinate with Logging Bench staff if delivery will be late.
The Grantee will submit one copy of the MCES Sample Submission Sheet and Field Notes form to MCES Lab Services, one copy to the WOMP Coordinator, and keep one copy for Grantee records.
WOMP Cooperator Forum The Grantee, or assigned representative, will attend the annual WOMP Cooperator Forum hosted by the WOMP Coordinator at Metro Plant each spring.
Site Maintenance
The Grantee will maintain the basic integrity of the site and notify the WOMP Coordinator of any unusual maintenance needs. Cost Accounting
The Grantee will provide MCES with an annual invoice of costs incurred for WOMP monitoring including labor, mileage, and equipment expenses.
10
EXHIBIT B WOMP MONITORING BUDGET AND FINANCIAL RESPONSIBILITIES Grantee Financial Responsibilities
The Grantee, City of Eden Prairie shall assume the following financial responsibilities for operating and maintaining a water quality monitoring and sampling station at Riley Creek 15995 Flying Cloud Drive Eden
Prairie, MN during the Project Activity Period (January 1, 2022 through December 31, 2023). On an annual basis (January 1, 2022 through December 31, 2023), the Grantee shall:
• Assume all Grantee labor costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (Exhibit A);
• Assume all Grantee vehicle and mileage costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan;
• Assume all miscellaneous materials, supplies, and sample delivery costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan.
The Council will assist in the payment of such costs as provided for in this grant agreement. Metropolitan Council Financial Responsibilities Subject to the availability of funds, the Metropolitan Council shall assume the following financial responsibilities for operating and maintaining a water quality monitoring and sampling station at Riley
Creek 15995 Flying Cloud Drive Eden Prairie, MN during the Project Activity Period (January 1, 2022 through December 31, 2023). On an annual basis (January 1, 2022 through December 31, 2023), the Council shall:
• Assume all MCES Laboratory costs associated with analysis of the water samples submitted by the Grantee, in conformance with the WOMP Monitoring Work Plan (estimated cost: $2,850);
• Assume all telephone service costs (if applicable) associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $625);
• Assume all electrical service costs (if applicable) associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $325);
• Assume all costs for the repair and/or replacement of all monitoring equipment necessary for operating the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $850);
• Assume all materials and supplies costs associated with operating and maintaining the stream monitoring station according to the WOMP Monitoring Work Plan (estimated cost: $1,100), beyond the cost contributed by the Grantee ($250);
• Assume all MCES trades labor costs associated with maintaining the stream monitoring station in proper working order (estimated cost: $625); Assume all labor costs for the Council’s Project Manager (WOMP Coordinator), who will provide technical support, guidance, and assistance for operating and maintaining the stream monitoring station and managing and assessing the data and information generated by the monitoring work.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
April 19, 2022
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 290491 - 290761
Wire Transfers 1030381 - 1030482 Wire Transfers 8769 – 8787
Purchasing Card 8769
City of Eden Prairie
Council Check Summary
4/19/2022
Division Amount Division Amount
100 City Manager 3,502 306 Federal Forfeiture Drugs 5,158
101 Legislative 924 502 Park Development 1,987
102 Legal Counsel 1,890 512 CIP Trails 158
110 City Clerk 1,103 522 Improvement Projects 2006 1,623
111 Customer Service 4,526 532 EP Road Connect Flying Cloud 2,260
112 Human Resources 179 804 100 Year History 2,076
113 Communications 6,515 Total Capital Projects Fund 13,261
114 Benefits & Training 1,634
130 Assessing 259 601 Prairie Village Liquor 102,483
131 Finance 16,344 602 Den Road Liquor 137,057
132 Housing and Community Services 5,771 603 Prairie View Liquor 82,224
133 Planning 46 605 Den Road Building 2,444
136 Public Safety Communications 500 701 Water Enterprise Fund 542,263
138 Community Development Admin.87 702 Wastewater Enterprise Fund 12,019
151 Park Maintenance 38,643 703 Stormwater Enterprise Fund 49,259
153 Organized Athletics 204 Total Enterprise Fund 927,750
154 Community Center 29,159
156 Youth Programs 4,434 802 494 Commuter Services 983
157 Special Events 428 807 Benefits Fund 957,146
158 Senior Center 755 811 Property Insurance 5,190
159 Recreation Administration 361 812 Fleet Internal Service 73,099
160 Therapeutic Recreation 238 813 IT Internal Service 51,015
162 Arts 1,965 815 Facilites Operating ISF 49,451
163 Outdoor Center 2,559 816 Facilites City Center ISF 77,143
168 Arts Center 6,286 817 Facilites Comm. Center ISF 88,954
180 Police Sworn 16,456 Total Internal Svc/Agency Funds 1,302,981
184 Fire 15,322
186 Inspections 4,767 Report Total 2,515,850
200 Engineering 967
201 Street Maintenance 26,433
202 Street Lighting 78,543
Total General Fund 270,801
301 CDBG 160
303 Cemetary Operation 897
Total Special Revenue Fund 1,057
City of Eden Prairie
Council Check Register by GL
4/19/2022
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290732 396,848 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Assemblies
8780 358,551 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits April 2022 Premiums
8772 296,795 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 03.25.22
1030430 208,646 XCEL ENERGY Electric Senior Center Multi-location electric
8770 196,174 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 03.11.22
8769 55,360 USB-PURCHASING CARD Equipment Parts Fire
290750 45,211 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
8773 40,787 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
1030464 40,116 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs
290621 33,516 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
1030410 29,861 CENTERPOINT ENERGY Gas Forest Hills Park
8774 29,859 EMPOWER Deferred Compensation Health and Benefits
290691 23,768 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM
290729 22,785 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
290527 20,205 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
290703 20,000 BERGANKDV LTD Audit & Financial Prairie View Liquor Store
8782 18,257 CARD CONNECT Bank and Service Charges Community Center Admin
290610 17,722 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM
290725 16,737 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
8781 16,561 FURTHER - AKA SELECT HSA - Employer Health and Benefits
290666 16,557 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
290625 16,202 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
290549 14,783 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
290626 14,675 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie Village Liquor Store
290502 14,113 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
290595 13,957 LANO EQUIPMENT INC Capital Under $25,000 Fleet Operating
1030460 13,889 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Water Capital
290748 11,033 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
8784 10,728 CHASE Bank and Service Charges Wastewater Accounting
290582 10,356 GRAYMONT Treatment Chemicals Water Treatment
290534 10,258 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
290519 9,637 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
290599 9,600 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
1030463 8,825 CENTERPOINT ENERGY Gas Senior Center
290647 8,461 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
290747 8,272 SCANDIA CUSTOM CABINETS Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
290657 8,228 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1030455 7,570 SITEONE LANDSCAPE SUPPLY, LLC Chemicals Street Maintenance
1030459 7,503 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
1030471 7,183 METRO SALES INCORPORATED*Equipment Rentals Customer Service
1030417 6,629 HANSEN THORP PELLINEN OLSON Equipment Repair & Maint Water Capital
8786 6,620 FURTHER - AKA SELECT HRA Health and Benefits
290746 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
290672 6,473 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
290510 6,025 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
290649 5,986 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290579 5,849 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating
290721 5,830 H & L MESABI Equipment Parts Fleet Operating
290542 5,707 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
290679 5,480 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
290630 5,269 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
290718 5,237 GRAYMONT Treatment Chemicals Water Treatment
1030469 5,224 MENARDS Operating Supplies Facilities Staff
290761 5,210 XYLEM WATER SOLUTIONS USA INC Repair & Maint. Supplies Water Treatment
290491 5,158 BRINC DRONES INC Capital Under $25,000 Federal Forfeiture
290686 5,073 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
290575 5,048 EARL F ANDERSEN INC Safety Supplies Utility Operations - General
290656 4,969 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
290584 4,921 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
290680 4,883 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1030422 4,650 REINDERS INC Landscape Materials/Supp Park Maintenance
1030482 4,649 ZIEGLER INC Tires Fleet Operating
290563 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
290526 4,466 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
290637 4,332 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
290529 4,123 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
290598 4,098 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
1030458 4,038 WSB & ASSOCIATES INC Other Contracted Services Park Acquisition & Development
8776 4,034 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
290555 3,915 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
290641 3,835 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
290544 3,719 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
290648 3,679 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
290548 3,557 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
290597 3,400 LAVAN FLOOR COVERING Contract Svcs - General Bldg City Center - CAM
290520 3,357 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
290663 3,282 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
290596 3,255 LAURENT TIM Instructor Service Pickleball (CC)
290605 3,209 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Preschool Events
290737 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service
290735 3,066 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
1030425 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
1030405 2,979 VAN PAPER COMPANY Cleaning Supplies General Community Center
290531 2,938 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
290495 2,916 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1030473 2,913 POMP'S TIRE SERVICE INC Equipment Repair & Maint Fleet Operating
1030383 2,884 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
290696 2,818 AMERICAN PRESSURE INC Contract Svcs - General Bldg Maintenance Facility
8778 2,816 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
290713 2,750 DIVERSIFIED COATING INC Capital Under $25,000 Fire Station #1
290506 2,649 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
290674 2,565 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
290730 2,539 MARCO INC Telephone IT Operating
290745 2,500 RELATE COUNSELING CENTER Other Contracted Services Housing and Community Service
1030408 2,494 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
290564 2,453 CENTURYLINK Telephone City Center - CAM
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290740 2,311 NAC Contract Svcs - Plumbing Park Shelters
290636 2,265 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
1030424 2,260 SRF CONSULTING GROUP INC Design & Engineering EP Rd Connect to Flying Cloud
1030480 2,255 WALL TRENDS INC Contract Svcs - General Bldg General Community Center
1030413 2,240 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
290543 2,189 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
1030429 2,185 WALL TRENDS INC Contract Svcs - General Bldg City Center - CAM
290551 2,162 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1030474 2,150 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center - CAM
290586 2,124 INDIGITAL INC Other Contracted Services IT Capital
290517 2,102 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
290540 2,061 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
290684 2,047 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1030399 1,968 MINNESOTA CLAY CO. USA Capital Under $25,000 Arts Center
290700 1,935 ARVIG Fiber Lease Payments IT Operating
1030426 1,933 STREICHERS Clothing & Uniforms Police Sworn
290588 1,908 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
290612 1,890 SOLDO CONSULTING PC Legal Legal Council
290654 1,851 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
290744 1,796 PREFERRED COMMUNICATIONS Computers IT Capital
1030392 1,706 CUSTOM HOSE TECH Equipment Parts Fleet Operating
290501 1,652 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
290507 1,609 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
290496 1,562 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
8777 1,529 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
290590 1,520 INVER GROVE HEIGHTS POLICE DEPARTMENT Tuition Reimbursement/School Police Sworn
1030419 1,496 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
1030435 1,483 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
290673 1,461 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
290736 1,460 MN HELICOPTERS INC Other Contracted Services Deer Consultant
8779 1,453 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration
290668 1,451 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
290724 1,434 HLS OUTDOOR Landscape Materials/Supp Park Maintenance
290557 1,431 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
290693 1,423 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1030477 1,408 UNIQUE PAVING MATERIALS Repair & Maint. Supplies Wasterwater Collection
1030409 1,388 BOYER TRUCKS Equipment Parts Fleet Operating
290631 1,386 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
290522 1,355 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1030414 1,349 FERRELLGAS Gas Outdoor Center
290688 1,343 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
290639 1,338 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
290594 1,313 KRIS ENGINEERING INC Equipment Parts Fleet Operating
290645 1,313 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
290552 1,303 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
290743 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
1030470 1,285 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1
290614 1,281 ST. LOUIS PARK, CITY OF Equipment Repair & Maint Wasterwater Collection
290661 1,230 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1030479 1,201 VARITECH INDUSTRIES INC Equipment Parts Snow & Ice Control
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290521 1,185 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
290704 1,166 BOUND TREE MEDICAL LLC EMS Supplies Fire
290514 1,137 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
290677 1,133 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
290558 1,133 AIRGAS USA LLC Supplies - Pool Pool Maintenance
290727 1,093 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
290525 1,080 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1030461 1,052 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
290731 1,046 MAUI WOWI HAWAIIAN Miscellaneous Internal Events
290497 1,044 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1030447 1,038 CLAREY'S SAFETY EQUIPMENT Safety Supplies Emergency Management
8787 1,037 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting
1030441 1,030 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
290493 1,023 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
290632 1,018 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
290547 964 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
290705 964 CENTURYLINK Telephone IT Operating
1030416 944 GRAINGER Equipment Parts Ice Arena Maintenance
290670 940 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1030406 935 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
1030388 892 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
290615 884 STAPLES ADVANTAGE Office Supplies Customer Service
1030432 851 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
290695 845 AMAZING ATHLETES OF CENTRAL MN Instructor Service Lesson Skills Development
1030394 842 FASTENAL COMPANY Safety Supplies Park Maintenance
1030481 831 XCEL ENERGY Electric Flying Cloud Off Leash Park
290589 820 INTERTECH INC Contract Development IT Operating
1030415 815 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
290628 812 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
290622 800 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital
1030396 796 FRED PRYOR SEMINARS Conference/Training Utility Operations - General
290643 775 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1030420 743 MENARDS Equipment Parts Utility Operations - General
290604 712 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Fleet Operating
290500 709 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
290638 708 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
290756 700 VANNI TRISH SULLIVAN Cemetery Lot Maint. 20%Pleasant Hill Cemetery
290702 690 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
1030428 687 VISTAR CORPORATION Merchandise for Resale Concessions
290561 685 ASPEN MILLS Clothing & Uniforms Police Sworn
290509 681 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
290533 681 SMALL LOT MN Liquor Product Received Den Road Liquor Store
290651 668 DOMACE VINO Liquor Product Received Den Road Liquor Store
290583 650 GREYSTONE CONSTRUCTION COMPANY Equipment Testing/Cert.Fleet Operating
290618 648 THE ADVENT GROUP Temp 494 Corridor Commission
8771 648 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
290537 638 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
290757 637 VIRTUAL ACADEMY Tuition Reimbursement/School Police Sworn
1030434 636 VINOCOPIA Liquor Product Received Den Road Liquor Store
1030437 626 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290653 624 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
290634 622 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
290676 621 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
1030465 617 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
1030440 587 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
290608 580 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
290536 555 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
290683 552 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
290709 547 COREMARK METALS Operating Supplies Fleet Operating
290515 546 WINEBOW Liquor Product Received Prairie Village Liquor Store
1030403 543 THE OASIS GROUP Employee Assistance Organizational Services
290523 542 DOMACE VINO Liquor Product Received Den Road Liquor Store
1030382 540 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
8775 519 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
290726 510 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Police (City Cost)
1030397 509 GREATAMERICA FINANCIAL SVCS Postage Customer Service
290512 480 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
290633 476 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
290607 473 PALEN KIMBALL LLC Equipment Repair & Maint Concessions
290662 472 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
290728 470 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
290752 466 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
290546 464 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1030407 463 AMERICAN PUBLIC WORKS ASSOCIATION Dues & Subscriptions Engineering
290592 461 J H LARSON COMPANY Supplies - Electrical Maintenance Facility
290650 458 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
290716 440 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
1030436 439 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
290581 428 GEE TEEZ & COMPANY LTD Clothing & Uniforms Special Events Admin
290717 415 GERTENS Landscape Materials/Supp Staring Lake
1030402 401 QUALITY PROPANE Motor Fuels Fleet Operating
290553 399 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
290623 397 PETTY CASH-POLICE DEPT Training Supplies Volunteers
290567 392 CINTAS CORPORATION Safety Supplies Community Center Admin
290624 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service
290669 385 WINEBOW Liquor Product Received Den Road Liquor Store
290749 380 SNAP-ON TOOLS Small Tools Fleet Operating
1030431 376 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
290710 375 DAYROBB BATTERIES PLUS Repair & Maint. Supplies City Hall (City Cost)
1030444 372 BERNE SCALE Equipment Repair & Maint Water Treatment
290499 371 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1030476 368 STREICHERS Clothing & Uniforms Police Sworn
1030390 363 VINOCOPIA Liquor Product Received Prairie View Liquor Store
290689 360 WINEBOW Liquor Product Received Prairie View Liquor Store
290759 355 WM CORPORATE SERVICES INC Waste Disposal City Center - CAM
1030411 344 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
290530 342 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1030385 341 VINOCOPIA Liquor Product Received Den Road Liquor Store
290574 340 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
290587 337 INDIGO SIGNWORKS, INC.Operating Supplies Ice Show
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290603 334 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
1030449 330 FASTENAL COMPANY Safety Supplies Fleet Operating
290565 322 CENTURYLINK Other Contracted Services IT Operating
290715 321 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating
1030439 320 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1030418 315 IDENTISYS Operating Supplies Community Center Admin
290751 309 STAPLES ADVANTAGE Office Supplies Customer Service
290754 308 THE SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
1030412 307 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
1030466 305 GRAINGER Safety Supplies Utility Operations - General
290741 300 NATIVE RESOURCE PRESERVATION Contract Svcs - Lawn Maint.Fire Station #2
290760 300 WRIGHT COUNTY SHERIFF'S DEPT.Deposits General Fund
290714 300 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
290524 299 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
1030467 297 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
290660 296 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
290682 296 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
290613 288 ST CROIX LINEN LLC Operating Supplies-Linens Fire
290508 280 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290532 280 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
290505 272 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
290692 270 AG SPRAY EQUIPMENT Equipment Repair & Maint Park Maintenance
290498 269 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
290659 259 MEGA BEER Liquor Product Received Den Road Liquor Store
290719 256 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
1030386 256 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1030448 254 CUSTOM HOSE TECH Equipment Repair & Maint Park Maintenance
290723 253 HENNESSY INDUSTRIES LLC Equipment Testing/Cert.Fleet Operating
1030450 252 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
290545 249 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
290611 248 PROP - PR Charitable Contributions Health and Benefits
1030381 245 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
290504 242 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
290644 239 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
290570 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
290518 232 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
290646 225 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
290671 225 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1030472 220 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
290528 216 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
290758 210 WIESE USA Contract Svcs - Fire/Life/Safe General Community Center
1030475 203 SPRINT Cell Phones 494 Corridor Commission
1030453 202 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
290559 201 ALTEC INDUSTRIES INC Equipment Parts Snow & Ice Control
1030384 201 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
290742 198 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
290642 198 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1030456 196 TOLL GAS AND WELDING SUPPLY Operating Supplies Street Maintenance
290664 196 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
290562 195 BOUND TREE MEDICAL LLC EMS Supplies Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290708 190 COMCAST Internet IT Operating
1030404 187 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating
1030387 186 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
290494 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
290541 182 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
290571 179 CONTINENTAL SAFETY EQUIPMENT Repair & Maint - Ice Rink Ice Arena Maintenance
1030468 176 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
290620 175 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery
290712 175 DEFENSE TECHNOLOGY Tuition Reimbursement/School Police Sworn
290720 170 GYM WORKS Equipment Repair & Maint Fitness Classes
1030401 168 OLSEN CHAIN & CABLE Small Tools Park Maintenance
290698 167 ARAMARK Janitor Service Den Road Liquor Store
290554 165 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
1030423 163 SPS COMPANIES Supplies - HVAC General Community Center
290739 160 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
290658 157 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
290665 156 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
290701 155 ASPEN MILLS Clothing & Uniforms Fire
290550 153 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
290609 151 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
1030446 150 CHANSKI DAN Clothing & Uniforms Police Sworn
290681 148 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1030442 147 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment
290635 146 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
290573 145 COREMARK METALS Equipment Repair & Maint Park Maintenance
290652 144 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
290675 144 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie View Liquor Store
290560 143 ARAMARK Janitor Service Prairie View Liquor Store
290593 140 JOHNSTONE SUPPLY Supplies - Electrical Senior Center
290503 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1030421 138 METRO SALES INCORPORATED*Printers -Accessories IT Operating
290572 135 CORE & MAIN Repair & Maint. Supplies Wasterwater Collection
290556 135 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
290667 135 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
290755 135 UNIVERSAL ATHLETIC SERVICES INC Awards Broomball
1030433 132 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
290707 132 COMCAST Phone/Data/Web 494 Corridor Commission
290629 126 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
290733 120 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Fire Station #2
290734 120 MINNESOTA SECRETARY OF STATE - NOTARY Licenses, Taxes, Fees Human Resources
290538 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
290690 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1030462 119 BROWNELLS INC.Training Supplies Police Sworn
290616 119 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
290516 114 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1030395 113 FLEETPRIDE INC Equipment Parts Fleet Operating
290492 108 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
290627 107 RYDBERG SUSAN AR Utility Water Enterprise Fund
290535 105 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1030452 98 OLSEN CHAIN & CABLE Small Tools Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
290655 96 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
290569 93 COMCAST Internet IT Operating
290687 93 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
290511 92 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
290678 88 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
290685 85 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
290601 84 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1030393 80 EICHMAN NATHAN Canine Supplies Police Sworn
290722 79 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
290580 77 ENGELEN KELSEY Mileage & Parking City Clerk
290640 75 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
1030427 74 UPS Postage Human Resources
290699 74 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
290539 72 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
290585 70 HENNEPIN COUNTY CHIEFS OF POLICE Tuition Reimbursement/School Police Sworn
290591 69 ISC COMPANIES INC Repair & Maint. Supplies Water Treatment
1030438 68 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
290697 65 ANSCHEL RAY P&R Refunds Community Center Admin
290619 65 TINGLEY NICOLE Mileage & Parking City Clerk
1030478 62 UPS Postage Planning
1030400 60 MPX GROUP, THE Printing Fire
1030457 49 VAN PAPER COMPANY Cleaning Supplies General Community Center
1030451 47 MUNOZ, MEGAN Mileage & Parking Fitness Admin.
290568 47 COMCAST Cable TV Fire
290513 46 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
290694 42 ALTEC INDUSTRIES INC Equipment Repair & Maint Park Maintenance
290566 40 CINTAS Clothing & Uniforms Fleet Operating
290706 40 CINTAS Clothing & Uniforms Fleet Operating
290617 38 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery
290606 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
1030445 32 BRINK, LORI Mileage & Parking Recreation Admin
1030391 26 BOSACKER MIKE Mileage & Parking Police Sworn
1030389 26 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
8783 25 PAYA Bank and Service Charges Arts
290600 23 MINNESOTA POLLUTION CONTROL AGENCY Licenses, Taxes, Fees Utility Operations - General
290738 22 MSC INDUSTRIAL SUPPLY CO INC Repair & Maint. Supplies Water Treatment
1030398 21 METROPOLITAN FORD Equipment Parts Fleet Operating
290753 19 SYVERSON TESSA Mileage & Parking Skating Rinks/Warming Houses
1030454 19 ROCKEY, JOSH Mileage & Parking Senior Center Admin
1030443 18 AUSTIN, CHARLENE Tuition Reimbursement/School Fitness Classes
290577 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
290578 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
290602 17 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
8785 13 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
290576 6 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
290711 5 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating
2,515,850 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
4/19/2022
Amount Account Description Business Unit
6,630 Other Revenue General Fund
3,306 Operating Supplies Arts Center
2,592 Landscape Materials/Supp Street Maintenance
2,100 Tuition Reimbursement/School Police Sworn
1,705 Clothing & Uniforms Pool Operations
1,564 Operating Supplies Fire
1,522 Health & Fitness Fire
1,399 Tuition Reimbursement/School Police Sworn
1,005 Operating Supplies Fire
949 Repair & Maint. Supplies Fire Station #1
824 Employee Award Organizational Services
775 Bank and Service Charges Prairie View Liquor Store
625 Conference/Training Fleet Operating
602 Landscape Materials/Supp Reforestation
598 Operating Supplies Fire
590 Repair & Maint. Supplies Utility Operations - General
579 EMS Supplies Fire
575 Dues & Subscriptions Finance
575 Dues & Subscriptions Police Sworn
559 Operating Supplies Fire
549 Licenses, Taxes, Fees Fitness Classes
545 Tuition Reimbursement/School Police Sworn
545 Tuition Reimbursement/School Police Sworn
541 Other Contracted Services Police (City Cost)
540 Dues & Subscriptions Utility Operations - General
537 Equipment Parts Fleet Operating
528 Safety Supplies Utility Operations - General
515 Small Tools Fleet Operating
510 Conference/Training Police Sworn
510 Conference/Training Police Sworn
474 Computers IT Operating
464 EMS Supplies Fire
450 Advertising Community Center Admin
426 Travel Expense Fire
425 Conference/Training Police Sworn
424 Landscape Materials/Supp Reforestation
402 Miscellaneous City Council
395 Tuition Reimbursement/School Police Sworn
375 Conference/Training City Clerk
374 Operating Supplies Arts
366 Training Fire
353 Janitor Service General Community Center
Amount Account Description Business Unit
350 Small Tools Facilities Staff
349 Dues & Subscriptions Engineering
332 Canine Supplies Police Sworn
327 Miscellaneous City Council
319 Travel Expense Utility Operations - General
319 Travel Expense Utility Operations - General
318 Small Tools Park Maintenance
312 Operating Supplies Fire
310 Conference/Training Utility Operations - General
310 Conference/Training Utility Operations - General
300 Other Contracted Services Liquor Store Delivery
290 Conference/Training Utility Operations - General
279 Travel Expense Fire
266 Training Supplies Police Sworn
263 Equipment Repair & Maint Police Sworn
260 Conference/Training Utility Operations - General
260 Training Fire
258 Tuition Reimbursement/School Police Sworn
258 Repair & Maint. Supplies Fire
250 Dues & Subscriptions Police Sworn
249 Conference/Training Youth Programs Admin
245 Operating Supplies Community Center Admin
239 Operating Supplies Arts
238 Operating Supplies Arts
238 Operating Supplies Street Maintenance
233 Travel Expense Fire
220 Dues & Subscriptions Assessing
216 Operating Supplies Senior Center Programs
215 Operating Supplies Fire
211 Operating Supplies Fire
210 Conference/Training Pool Operations
206 Equipment Repair & Maint Fitness Classes
200 Dues & Subscriptions Fire
200 Conference/Training Tree Disease
200 Conference/Training Street Maintenance
197 Repair & Maint. Supplies Water Distribution
195 Miscellaneous City Council
184 Small Tools Fleet Operating
175 Conference/Training City Clerk
172 Training Supplies Police Sworn
168 Operating Supplies Outdoor Center
163 Equipment Parts Fleet Operating
160 Capital Under $25,000 Arts Center
160 Tuition Reimbursement/School Police Sworn
155 Conference/Training Engineering
153 Operating Supplies Prairie View Liquor Store
Amount Account Description Business Unit
150 Tuition Reimbursement/School Utility Operations - General
150 Tuition Reimbursement/School Utility Operations - General
150 Repair & Maint. Supplies Facilities Staff
149 Conference/Training Park Maintenance
147 Operating Supplies Arts Center
147 Other Contracted Services Winter Theatre
144 Other Contracted Services Theatre Initiative
137 Equipment Parts Fleet Operating
134 Operating Supplies Ice Lessons
134 Software/Hardware Maint.IT Operating
130 Dues & Subscriptions Park Maintenance
128 Conference/Training Pool Operations
127 Operating Supplies Fire
127 Dues & Subscriptions Recreation Admin
125 Advertising Recreation Admin
124 Special Event Fees Senior Center Programs
123 Equipment Repair & Maint Senior Center Programs
121 Tuition Reimbursement/School Police Sworn
121 Operating Supplies Arts
120 Other Contracted Services Liquor Store Delivery
120 Operating Supplies Community Center Admin
120 Operating Supplies Fire
120 Clothing & Uniforms Pool Operations
119 Travel Expense Fire
110 Operating Supplies Police Sworn
108 Conference/Training Pool Operations
102 Operating Supplies Outdoor Center
100 Operating Supplies Fire
100 Conference/Training Fleet Operating
100 Operating Supplies Senior Center Programs
100 Licenses, Taxes, Fees Fitness Classes
100 Advertising Arts
100 Licenses, Taxes, Fees Facilities Staff
100 Deposits General Fund
98 Training Fire
97 Training Supplies Police Sworn
97 Operating Supplies Police Sworn
95 Training Fire
93 Operating Supplies Street Maintenance
90 Conference/Training Park Maintenance
89 Software/Hardware Maint.Fire
89 Operating Supplies Fire
88 Training Supplies Police Sworn
84 Repair & Maint. Supplies Utility Operations - General
83 Office Supplies Utility Operations - General
82 Operating Supplies Fire
Amount Account Description Business Unit
81 Operating Supplies Community Center Admin
81 Deposits General Fund
80 Deposits General Fund
80 Operating Supplies New Adaptive
79 Repair & Maint. Supplies Wasterwater Collection
78 Advertising Recreation Admin
77 Operating Supplies Youth Programs Admin
77 Office Supplies Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Operating Supplies Arts
72 Equipment Parts Fleet Operating
72 Operating Supplies Outdoor Center
70 Dues & Subscriptions Finance
70 Dues & Subscriptions Finance
70 Dues & Subscriptions Finance
69 Conference/Training Park Maintenance
69 Operating Supplies Athletic Programs Admin
67 Operating Supplies Arts Center
67 Operating Supplies Arts Center
66 Operating Supplies Tree Disease
65 Operating Supplies Outdoor Center
64 Small Tools Facilities Staff
64 Equipment Parts Fleet Operating
63 Operating Supplies Gymnasium (CC)
63 Office Supplies Arts Center
63 Employment Support Test Organizational Services
62 Dues & Subscriptions Community Development Admin.
61 Operating Supplies Arts Center
60 Office Supplies Utility Operations - General
60 Operating Supplies Arts Center
57 Equipment Repair & Maint Senior Center Programs
55 Conference/Training Utility Operations - General
55 Advertising Summer Theatre
55 Advertising Theatre Initiative
54 Safety Supplies Park Maintenance
53 Operating Supplies Pool Operations
53 Operating Supplies Pool Operations
53 Computers IT Operating
51 Operating Supplies Arts Center
50 Employee Award Organizational Services
50 Conference/Training Utility Operations - General
49 Office Supplies Customer Service
46 Dues & Subscriptions City Clerk
45 Operating Supplies New Adaptive
Amount Account Description Business Unit
44 Operating Supplies Police Sworn
43 Operating Supplies Arts Center
42 Computers IT Operating
42 Operating Supplies Arts Center
42 Operating Supplies Staring Lake Concert
42 Operating Supplies Staring Lake Concert
42 Operating Supplies Pool Operations
41 Operating Supplies Arts Center
40 Dues & Subscriptions Park Maintenance
40 Dues & Subscriptions Fire
40 Licenses, Taxes, Fees Fitness Classes
40 Other Contracted Services Organizational Services
37 Operating Supplies Arts Center
35 Dues & Subscriptions Assessing
35 Operating Supplies Tree Disease
35 Operating Supplies Youth Programs Admin
34 Operating Supplies Police Sworn
34 Canine Supplies Police Sworn
33 Computers IT Operating
33 Computers IT Operating
32 Operating Supplies Arts Center
32 Operating Supplies Arts Center
31 Operating Supplies Fire
30 Operating Supplies Police Sworn
30 Operating Supplies Tree Disease
30 Operating Supplies Fire
29 Operating Supplies Fitness Admin.
29 Small Tools Facilities Staff
29 Operating Supplies Pool Operations
29 Operating Supplies Arts
29 Operating Supplies Outdoor Center
29 Operating Supplies Arts Center
29 Operating Supplies Community Center Admin
28 Operating Supplies New Adaptive
27 Operating Supplies New Adaptive
27 Operating Supplies Senior Center Programs
25 Conference/Training Community Development Admin.
25 Dues & Subscriptions Fire
25 Tuition Reimbursement/School Police Sworn
25 Other Contracted Services Organizational Services
25 Operating Supplies Arts
24 Operating Supplies New Adaptive
24 Bank and Service Charges Inspections-Administration
24 Operating Supplies Arts Center
22 Operating Supplies Arts Center
21 Miscellaneous Elections
Amount Account Description Business Unit
20 Other Contracted Services Theatre Initiative
20 Operating Supplies Arts Center
20 Computers IT Operating
20 Operating Supplies Arts Center
19 Operating Supplies Fire
18 Operating Supplies Winter Theatre
17 Equipment Repair & Maint Senior Center Programs
17 Operating Supplies New Adaptive
16 Operating Supplies Housing and Community Service
16 Other Contracted Services Organizational Services
16 Operating Supplies Fire
15 Operating Supplies Arts Center
15 Dues & Subscriptions Communications
15 Other Contracted Services Summer Theatre
15 Advertising Theatre Initiative
15 Other Contracted Services Summer Theatre
15 Operating Supplies Fire
14 Operating Supplies Volunteers
14 Operating Supplies Arts Center
14 Repair & Maint. Supplies Water Treatment
14 Operating Supplies Pool Operations
13 Special Event Fees Senior Center Programs
13 Small Tools Facilities Staff
13 Conference/Training Park Maintenance
13 Repair & Maint. Supplies City Hall (City Cost)
12 Operating Supplies Winter Theatre
11 Operating Supplies Fire
11 Operating Supplies Arts Center
11 Operating Supplies Outdoor Center
10 Conference/Training Park Maintenance
10 Office Supplies Police Sworn
10 Computers IT Operating
9 Conference/Training Park Maintenance
8 Operating Supplies New Adaptive
8 Other Contracted Services Police Sworn
8 Operating Supplies New Adaptive
8 Operating Supplies Arts Center
7 Operating Supplies Outdoor Center
7 Operating Supplies Arts Center
7 Operating Supplies Pool Operations
6 Conference/Training Utility Operations - General
6 Operating Supplies Specialty Fitness Programs
6 Office Supplies Police Sworn
6 Operating Supplies Specialty Fitness Programs
5 Bank and Service Charges Customer Service
4 Dues & Subscriptions Assessing
Amount Account Description Business Unit
3 Operating Supplies Arts Center
3 Operating Supplies Specialty Fitness Programs
2 Licenses, Taxes, Fees Facilities Staff
2 Merchandise for Resale Concessions
1 Conference/Training Utility Operations - General
-24 Computers IT Operating
-26 Operating Supplies Arts Center
-26 Computers IT Operating
-27 Repair & Maint. Supplies Water Treatment
-31 Repair & Maint. Supplies Water Treatment
-34 Canine Supplies Police Sworn
-40 Operating Supplies Arts Center
-55 Clothing & Uniforms Police Sworn
-64 Clothing & Uniforms Police Sworn
-111 Operating Supplies Community Center Admin
-233 Travel Expense Fire
-4,735 Other Revenue General Fund55,360 Report Total