HomeMy WebLinkAboutCity Council - 08/15/2023
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, AUGUST 15, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber,
Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and
Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
GUESTS: School Board members Aaron Casper, Steve Bartz, Abby Libsack, Charles (CJ) Strehl,
Debjyoti (DD) Dwivedy, Kim Ross, Dennis Stubbs; Superintendent Josh Swanson, Associate
Superintendent Carlondrea Hines, Executive Director of Human Resources Tom May, Executive
Director of Business Services Jason Mutzenberger, Executive Director of Community Education
Shawn Hoffman-Bram, Executive Director of Personalized Learning Robb Virgin, and Executive
Director of Marketing and Communications Dirk Tedmon
Workshop - Heritage Rooms I and II (5:30)
I. JOINT SCHOOL BOARD MEETING
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
Results for
Eden Prairie, MN
Quality of Life Survey
2023
Polco’s Benchmarking Database
More than 500
comparison communities
across the nation.
Representing the opinions
of more than 50 million
residents.
●Ninth time conducting the Eden Prairie Quality of Life Survey
●Previous iterations in 2006, 2008, 2010, 2012, 2014, 2016, 2018, and 2020.
●Survey conducted from February 16th to March 28th
●“Hybrid” mailing approach employed:
●Probability-based sample of 2,000 households
●452 total responses received
●23% overall response rate
●Non-probability, open-participation sample: 716 responses
●Results statistically weighted to reflect Eden Prairie
●95% confidence interval with a +/- 3% margin of error
Survey Methodology
Overview of
Survey Results
Comparisons to National Benchmarks
19
received similar
ratings
0
received
lower
ratings
47
received
higher
ratings
Comparisons to North Central Region Benchmarks
32
received similar
ratings
0
received
lower
ratings
31
received
higher
ratings
Custom/peer benchmark group: Communities in
the north central region with populations over
15,000
Comparisons to Minnesota Community Benchmarks
38
received similar
ratings
0
received
lower
ratings
25
received
higher
ratings
Comparisons to Previous Survey Year
139
received similar
ratings
34
received
lower
ratings
12
received
higher
ratings
Key Findings
Eden Prairie is a
highly desirable
and safe place to
live.
Quality of Life in Eden Prairie
Quality of Life Measures
67%
70%
86%
91%
92%
Eden Prairie as a place to retire
Eden Prairie as a place to visit
Eden Prairie as a place to work
Your neighborhood as a place to live
Eden Prairie as a place to raise children
Eden Prairie as a place to live 94%
Higher than national
benchmarks
Higher than regional
benchmarks Higher than Minnesota
benchmarks
Quality of Life in Eden Prairie
Safety
92%
of residents rated the overall feeling of safety
in Eden Prairie as excellent or good.
Over
8 in 10
residents gave excellent or good ratings to
safety in the following areas:
•Your neighborhood (95%)•Parks and open space (93%)•Paths or walking trails (90%)•Retail parking lots (84%)•Eden Prairie Center mall (83%)
Problem Percent moderate, major,
or extreme problem
Traffic speeding 33%
Vandalism & property crimes 24%
Youth crimes 21%
Drugs 20%
Stop sign violations in your
neighborhood 20%
Problems in the Community
City services
continue to be
highly ranked
among peers.
City Services
Overall Quality of City Services
Highest Rated City Services
Higher than national
benchmarks
Higher than regional
benchmarks Higher than Minnesota
benchmarks
Police Services
Higher than national
benchmarks
Higher than regional
benchmarks Higher than Minnesota
benchmarks
Excellent 57%
Good
33%
Fair 9%
Poor 1%
Overall Quality of Police Services
•Eden Prairie Night to Unite – 24%
•Community programs – 20%
•Through reporting a crime – 17%
Most popular situations for Police
Department interaction (past two years):
93% 93%92% 92%90%
50%
75%
100%
2014 2016 2018 2020 2023
QUALITY OF CONTACT
Local Government Trust 2013-2022
50 51 50
53 53
52
56
54
48
53 54 53
55
56
54
52
56
59
57
53
40
45
50
55
60
2013 2016 20222014 2015
Overall Confidence
2017 2018 2019 2020 2021
Generally Acting in the Best Interest of the Community
City Services
2020 2023
Trail maintenance 93%89%
Recreation centers or facilities 91%86%
Recreation services 91%86%
Preservation of natural areas 91%85%
Emergency management 91%85%
Building inspections 85%81%
Streets in your neighborhood 85%80%
City engineering services 85%79%
Utility billing 83%78%
Asphalt trails in your
neighborhood 82%78%
Assessing services 80%74%
Housing and community services 81%72%
Sidewalks in your neighborhood 74%69%
Higher than national
benchmarks
Higher than regional
benchmarks Higher than Minnesota
benchmarks
City Services
CUSTOMER SERVICE
Communication
City
Information
Sources
Eden Prairie’s
natural environment,
parks, and
recreation
opportunities are
valued by residents.
Natural Environment, Parks, and Recreation
When asked to choose their
favorite thing about living in
Eden Prairie,
30%
mentioned parks, trails,
and recreation centers.
92% rate the overall natural
environment as excellent or good
Higher than national
benchmarks
Higher than regional
benchmarks Higher than Minnesota
benchmarks
Natural Environment, Parks, and Recreation
Quality of Parks and Recreation Amenities by Year
Over the last two years, about
9 in 10
residents used:
•Large community parks
•Smaller neighborhood parks
Residents are
familiar with and
see the value of
sustainability.
Summary of
Key Findings
1. Eden Prairie is a highly desirable and safe place to
live.
2.City services continue to be highly ranked among
peers.
3.Eden Prairie’s natural environment, parks, and
recreation opportunities are valued by residents.
4.Residents are familiar with and see the value of
sustainability.
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, AUGUST 15, 2023 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. POLICE DEPARTMENT AND FIRE DEPARTMENT LIFESAVING RECOGNITION FOR NESBITT PARK PARKING LOT EMERGENCY
B. SOUTHWEST LIGHT RAIL TRANSIT UPDATE – SOUTHWEST LIGHTRAIL TRANSIT PROJECT OFFICE
C. SOUTHWEST TRANSIT UPDATE – ERIK HANSEN, SOUTHWEST TRANSIT CEO
D. ACCEPT DONATION FROM AMERICAN LEGION POST 580 FOR SENIOR CENTER WOODSHOP EQUIPMENT (Resolution)
E. ACCEPT DONATION FROM COMCAST THROUGH THE EDEN PRAIRIE CRIME PREVENTION FUND FOR SAFETY CAMP (Resolution)
F. ACCEPT DONATION FROM GASSEN COMPANY FOR SENIOR CENTER GOLF CLASSIC (Resolution)
G. ACCEPT DONATIONS FROM PRAIRIE SCHOOL OF DANCE AND NEW HORIZON ACADEMY FOR AUGUST MOVIES IN THE PARK (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JULY 11, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, JULY 11, 2023
CITY COUNCIL AGENDA
August 15, 2023
Page 2
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. APPROVE THE SECOND READING OF ORDINANCE TO AMEND CITY CODE CHAPTER 9 AND 11 RELATED TO FLEX SERVICE ZONING DISTRICT AND ADOPT RESOLUTION APPROVING SUMMARY
ORDINANCE
C. APPROVE THE SECOND READING OF ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATED TO PARKING REGULATIONS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
D. KIWATCHI ADDITION (2022-11) BY CRAIG AND JESSICA SCHMIDT SECOND READING OF ORDINANCE FOR ZONING CHANGE FROM RURAL TO R1-9.5 ON 2.11 ACRES AND APPROVAL OF A DEVELOPMENT AGREEMENT (ORDINANCE FOR ZONING CHANGE, RESOLUTION FOR SUMMARY ORDINANCE AND DEVELOPMENT AGREEMENT)
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF KIWATCHI ADDITION
F. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT TRAIL EASEMENT AT 10100 AND 10340 VIKING DRIVE
G. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT TRAIL EASEMENT AT 10400 VIKING DRIVE
H. ACCEPT PROPOSALS AND APPROVE AGREEMENT WITH CEDAR RIDGE LANDSCAPING, INC. FOR TOWN CENTER PLAZA LANDSCAPING
I. ADOPT RESOLUTION APPROVING AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE REPLACEMENT OF FISHING PIER AT STARING LAKE OUTDOOR CENTER
J. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR CONSTRUCTION SERVICES WITH DMJ ASPHALT INC. FOR
REPLACEMENT OF TENNIS AND PICKLEBALL COURTS AT PIONEER PARK
K. AWARD CONTRACT TO PRAIRIE ELECTRIC FOR INSTALLATION OF LED LIGHT FIXTURES AT LIQUOR STORES
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR THE PRAIRIE CENTER DRIVE PAVEMENT
CITY COUNCIL AGENDA
August 15, 2023
Page 3
REHABILITATION PROJECT
M. AWARD CONTRACT FOR OLD SHADY OAK ROAD AND POINT CHASE INTERSECTION IMPROVEMENTS TO BKJ
N. APPROVE CHANGE ORDER TO CONSTRUCTION CONTRACT FOR GROUND STORAGE RESERVOIR AND PUMP STATION
O. APPROVE TRACK LOADER SKID PURCHASE FROM ZIEGLER
P. ADOPT RESOLUTION AND AUTHORIZE ENTRY INTO
MEMORANDUM OF UNDERSTANDING WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) FOR EDEN PRAIRIE POLICE SERGEANTS 2024 WAGES
Q. APPROVE AGREEMENTS WITH ARVIG, BCMONE, METRO EGOLDFAX, AND MARCO TECHNOLOGIES TO UPGRADE PHONE SYSTEM FROM PRIMARY RATE INTERFACE (PRI) SYSTEM TO SESSION INITIATION PROTOCOL (SIP) TECHNOLOGY
R. APPROVE GTS HOUSING PARTIAL ASSIGNMENTS OF DEVELOPMENT AGREEMENT AND REAPPORTIONMENT OF SPECIAL ASSESSMENTS
S. ADOPT RESOLUTION OF SUPPORT FOR DEED APPLICATION BY EDEN PRAIRIE BASED NVE CORPORATION
T. ADOPT RESOLUTION TO EXECUTE SUB-RECIPIENT GRANT AGREEMENT WITH HOMES WITHIN REACH (MET COUNCIL LOCAL HOUSING INCENTIVES ACCOUNT GRANT FOR COMMUNITY LAND
TRUST WORK)
U. ADOPT RESOLUTION TO EXECUTE ENHANCED CONNECTIVITY INITIATIVE GRANT CONTRACT WITH HENNEPIN COUNTY (BROADBAND GRANT)
V. DECLARE OBSOLETE COMPUTER EQUIPMENT, PROPERTY, AND
VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL
IX. PUBLIC HEARINGS / MEETINGS
A. MENARDS by Menards, Inc. Resolution for Planned Unit Development Concept
Review on 15.72 acres, First Reading of Ordinance for Planned Unit Development
Amendment with waivers on 15.72 acres (Resolution for PUD Concept Review,
Ordinance for PUD Amendment with waivers)
B. COMPREHENSIVE PLAN AMENDMENT – LAND USE by City of Eden
Prairie Resolution for text and map amendments to the Comprehensive Plan
CITY COUNCIL AGENDA
August 15, 2023
Page 4
(Resolution for Guide Plan Change)
C. ADOPT RESOLUTION VACATING PART OF L3 & L4, B5, RED ROCK HILLS 3RD ADDITION DRAINAGE AND UTILITY EASEMENTS
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
ANNOTATED AGENDA
DATE: August 11, 2023
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, August 15, 2023
___________________________________________________________________________________________
TUESDAY, AUGUST 15 2023 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the
Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office.
IV. PROCLAMATIONS / PRESENTATIONS
A. POLICE DEPARTMENT AND FIRE DEPARTMENT LIFESAVING RECOGNITION FOR NESBITT PARK PARKING LOT EMERGENCY
Synopsis: Chiefs Matt Sackett and Scott Gerber will award citizen Molly Menton with a Letter of Recognition from the police and fire departments for her actions on June 8, 2023 when she helped saved the life of a man who was experiencing a
cardiac event while driving in the Nesbitt Park parking lot.
No formal action requested. After the Chiefs read the award, the Mayor is welcome to join them at the podium to present the award letter and for photos.
B. SOUTHWEST LIGHT RAIL TRANSIT UPDATE – SOUTHWEST LIGHTRAIL TRANSIT PROJECT OFFICE
C. SOUTHWEST TRANSIT UPDATE – ERIK HANSEN, SOUTHWEST TRANSIT CEO
D. ACCEPT DONATION FROM AMERICAN LEGION POST 580 FOR SENIOR CENTER WOODSHOP EQUIPMENT (Resolution)
Synopsis: This donation will go towards purchasing a lathe for the woodshop located at the Senior Center.
ANNOTATED AGENDA August 15, 2023
Page 2
MOTION: Adopt Resolution accepting the donation of $1,500 from American Legion Post 580 for Senior Center woodshop equipment.
E. ACCEPT DONATION FROM COMCAST THROUGH THE EDEN PRAIRIE CRIME PREVENTION FUND FOR SAFETY CAMP (Resolution)
Synopsis: A donation from Comcast was made to the Eden Prairie Crime Fund, who have donated the $5,000 to the City. MOTION: Adopt Resolution accepting the donation of $5,000 for
Safety Camp from Comcast through the Eden Prairie Crime
Prevention Fund.
F. ACCEPT DONATION FROM GASSEN COMPANY FOR SENIOR CENTER GOLF CLASSIC (Resolution)
Synopsis: Donations such as this allow the Senior Center to offer special events at low or no cost to residents.
MOTION: Adopt Resolution accepting the donation of $250 from
Gassen Company for the Senior Center’s Golf Classic.
G. ACCEPT DONATIONS FROM PRAIRIE SCHOOL OF DANCE AND NEW HORIZON ACADEMY FOR AUGUST MOVIES IN THE PARK (Resolution)
Synopsis: Donations such as this allow the City to offer special events at low or
no cost to residents.
MOTION: Adopt Resolution accepting the donation of $250 from Prairie School of Dance and $250 from New Horizon Academy for August Movies in the Park.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda. VI. MINUTES
MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JULY 11, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, JULY 11, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
ANNOTATED AGENDA August 15, 2023
Page 3
MOTION: Move approval of items A-V on the Consent Calendar. A. CLERK’S LIST
B. APPROVE THE SECOND READING OF ORDINANCE TO AMEND CITY
CODE CHAPTER 9 AND 11 RELATED TO FLEX SERVICE ZONING DISTRICT AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
C. APPROVE THE SECOND READING OF ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATED TO PARKING REGULATIONS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
D. KIWATCHI ADDITION (2022-11) BY CRAIG AND JESSICA SCHMIDT SECOND READING OF ORDINANCE FOR ZONING CHANGE FROM RURAL TO R1-9.5 ON 2.11 ACRES AND APPROVAL OF A DEVELOPMENT AGREEMENT (ORDINANCE FOR ZONING CHANGE,
RESOLUTION FOR SUMMARY ORDINANCE AND DEVELOPMENT AGREEMENT)
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF KIWATCHI ADDITION
F. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT TRAIL EASEMENT AT 10100 AND 10340 VIKING DRIVE
G. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND
PERMANENT TRAIL EASEMENT AT 10400 VIKING DRIVE
H. ACCEPT PROPOSALS AND APPROVE AGREEMENT WITH CEDAR
RIDGE LANDSCAPING, INC. FOR TOWN CENTER PLAZA LANDSCAPING
I. ADOPT RESOLUTION APPROVING AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR THE REPLACEMENT OF FISHING PIER AT STARING LAKE OUTDOOR CENTER
J. AUTHORIZE ENTERING INTO A STANDARD AGREEMENT FOR CONSTRUCTION SERVICES WITH DMJ ASPHALT INC. FOR REPLACEMENT OF TENNIS AND PICKLEBALL COURTS AT PIONEER PARK
K. AWARD CONTRACT TO PRAIRIE ELECTRIC FOR INSTALLATION OF LED LIGHT FIXTURES AT LIQUOR STORES
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR THE PRAIRIE CENTER DRIVE PAVEMENT REHABILITATION PROJECT
ANNOTATED AGENDA August 15, 2023
Page 4
M. AWARD CONTRACT FOR OLD SHADY OAK ROAD AND POINT CHASE INTERSECTION IMPROVEMENTS TO BKJ
N. APPROVE CHANGE ORDER TO CONSTRUCTION CONTRACT FOR
GROUND STORAGE RESERVOIR AND PUMP STATION
O. APPROVE TRACK LOADER SKID PURCHASE FROM ZIEGLER
P. ADOPT RESOLUTION AND AUTHORIZE ENTRY INTO MEMORANDUM OF UNDERSTANDING WITH LAW ENFORCEMENT
LABOR SERVICES, INC. (LELS) FOR EDEN PRAIRIE POLICE SERGEANTS 2024 WAGES
Q. APPROVE AGREEMENTS WITH ARVIG, BCMONE, METRO EGOLDFAX, AND MARCO TECHNOLOGIES TO UPGRADE PHONE SYSTEM FROM PRIMARY RATE INTERFACE (PRI) SYSTEM TO SESSION INITIATION PROTOCOL (SIP) TECHNOLOGY
R. APPROVE GTS HOUSING PARTIAL ASSIGNMENTS OF DEVELOPMENT AGREEMENT AND REAPPORTIONMENT OF SPECIAL ASSESSMENTS
S. ADOPT RESOLUTION OF SUPPORT FOR DEED APPLICATION BY EDEN PRAIRIE BASED NVE CORPORATION
T. ADOPT RESOLUTION TO EXECUTE SUB-RECIPIENT GRANT AGREEMENT WITH HOMES WITHIN REACH (MET COUNCIL LOCAL HOUSING INCENTIVES ACCOUNT GRANT FOR COMMUNITY LAND TRUST WORK)
U. ADOPT RESOLUTION TO EXECUTE ENHANCED CONNECTIVITY INITIATIVE GRANT CONTRACT WITH HENNEPIN COUNTY
(BROADBAND GRANT)
V. DECLARE OBSOLETE COMPUTER EQUIPMENT, PROPERTY, AND VEHICLES AS SURPLUS AND AUTHORIZE DISPOSAL
IX. PUBLIC HEARINGS / MEETINGS
A. MENARDS by Menards, Inc. Resolution for Planned Unit Development Concept Review on 15.72 acres, First Reading of Ordinance for Planned Unit Development Amendment with waivers on 15.72 acres (Resolution for PUD Concept Review, Ordinance for PUD Amendment with waivers)
Synopsis: The applicant is requesting a Site Plan Review and Planned Unit
Development District Review with waivers for the current Menards store to construct a gate expansion. Menards was approved through a Planned Unit Development (PUD) in 2009. Menards is proposing to construct an approximately 1,899 square foot gate structure with a roof and garage door entrances in the
ANNOTATED AGENDA August 15, 2023
Page 5
location of the current guard house. They are also proposing to add a second entrance lane for online order pick-up access. A staff member will be present at the gate house to assist customers entering and exiting the back warehouse and
online order pick-up area.
The property is zoned Commercial Regional Services and guided Regional Commercial. The proposed project will not impact parking on the site. All trees removed as part of the project will be relocated or replaced in other locations on
the site to maintain compliance with the current landscape plan.
MOTION: Move to:
• Close the public hearing and,
• Adopt a Resolution for a PUD Concept Plan Review on 15.72 acres and,
• Approve the 1st Reading of an Ordinance for an amendment of a
PUD District with waivers on 15.72 acres and,
• Direct Staff to prepare a Development Agreement Amendment
incorporating Staff recommendations and Council conditions
B. COMPREHENSIVE PLAN AMENDMENT – LAND USE by City of Eden Prairie Resolution for text and map amendments to the Comprehensive Plan (Resolution for Guide Plan Change)
A routine, periodic review of the land use plan in ASPIRE 2040 noted parcels
where the land use map incorrectly reflected a land use designation. The action
corrects the land use map for 18 parcels that were inadvertently characterized in error, in the 2040 Comprehensive Plan. Over half of the corrections involve privately owned and used land currently guided for parks and open space, being changed to low density residential. The balance are similar housekeeping changes
involving Office and Flex Service.
MOTION: Move to:
• Close the public hearing and,
• Adopt a Resolution for Guide Plan Change amending the land use
designation for 18 parcels outlined in the staff report
C. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS – PART OF L3 & L4, B5, RED ROCK HILLS 3RD ADDITION (Resolution)
The Property Owners have requested a lot line adjustment of Lots 3 and 4, Block
5, Red Rock Hills 3rd Addition. In order to approve the lot line adjustment, the
platted drainage and utility easements adjoining the existing lot line between the two properties need to be vacated. New drainage and utility easements will need to be granted along the adjusted lot line. MOTION: Move to:
ANNOTATED AGENDA August 15, 2023
Page 6
• Close the public hearing and,
• Adopt the Resolution vacating Drainage and Utility easements
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations/Presentations
DATE
August 15, 2023
DEPARTMENT / DIVISION
Police/Fire Chief Matt Sackett and Chief Scott Gerber
ITEM DESCRIPTION
Lifesaving Recognition for Nesbitt Park Parking Lot Emergency
ITEM NO.
IV.A.
Requested Action No formal action requested.
Synopsis Chiefs Matt Sackett and Scott Gerber will award citizen Molly Menton with a Letter of Recognition from the police and fire departments for her actions on June 8, 2023 when she helped saved the life of a
man who was experiencing a cardiac event while driving in the Nesbitt Park parking lot.
After the chiefs read the award, the Mayor is welcome to join them at the podium to present the award letter and for photos.
EDEN PRAIRIE | MINNETONKA | EDINA | HOPKINS | ST. LOUIS PARK | MINNEAPOLIS
METRO Green Line
Extension:
Eden Prairie City
Council Update
Jim Alexander
Project Director
August 15, 2023
2
Today’s topics
•Project Overview/Update
•Civil Construction
•Systems Contruction
•Communications & Outreach
•Q&A
3
Project Update
4
Project scope
•16 new LRT stations
•44 significant structures:
▪29 new bridges: LRT, pedestrian, roadway, freight
▪7 existing bridges with modifications
▪6 pedestrian tunnels
▪2 cut and cover LRT tunnels:
•Highway 62: 582 feet
•Kenilworth: 2,236 feet
•15 at-grade LRT crossings; including 5 shared crossings with freight rail
•121 retaining walls
•LRT track: 14.5 miles
•7.8 mi shared LRT & freight rail corridor
•Freight rail reconstruction
•Trail reconstruction
5
LRT construction sequencing
Utilities
•Excavation
•Relocation / installation
Site Prep
•Clear buildings
•Establish work zones, detours
Structures, track, stations
•Track beds
•Track
•Buildings
•Roadwork
•Trails
Systems
•Overhead catenary
•Safety & security
•Ticket vending
Testing
•Safety
•Comms
•Operator training
6
Project schedule and cost
Revised civil construction schedule
Revise systems schedule
Extend
supporting contracts, continue
construction cost negotiations
Revised Project schedule and cost
Completed Completed
•Current Step:
•Cost negotiations with Civil and Systems contractors are ongoing. Later this month, staff will seek approval to
continue cost negotiations with both contractors on the revised schedules and critical path delays
experienced in 2022 and 2023.
•Next Step:
•Council will participate in an FTA risk workshop this fall before updating the Project schedule and cost.
Current Step Next Step
7
Construction workers
•Putting people to work:
▪4,243 individuals working on the project
through June 2023
•3,444 reside in Minnesota
•Employing folks from 80% of counties
statewide
▪$227.1 million billed by Disadvantage
Business Enterprise companies (21.9%) for
construction activities through
May 2023, exceeding the overall goal of
15%
▪Project reinvesting in communities
throughout the Twin Cities and State
70 of 87
Minnesota counties have
someone bringing home
a Green Line Extension
paycheck
8
$2+ Billion in Permitted & Planned Community Development
Elevate - SouthWest Station, Eden Prairie Blue Stem North, Golden Triangle Station, Eden Prairie
The Preserve - Opus Station, Minnetonka Via Sol – Wooddale Station, St. Louis Park
9
Civil Construction Highlights
10
Civil Construction Highlights
•Civil construction is expected to be substantially
complete by the end of 2023
•Civil work includes completion of 4 stations, 4
LRT bridges, retaining walls, LRT track, parking
lots, utilities,and the Hwy 62 LRT tunnel
•The completion of the SouthWest Station new
entry/drop off area, punch list items and short-term
lane closures will continue through the 2023
construction season
11
SouthWest Station Ribbon Cutting, May 31
12
SouthWest Station: Passenger Dropoff Area/Parking Ramp Access
13
LRT Platform at SouthWest Station
14
SouthWest Station
15
SouthWest Station Interior Waiting Area
16
Prairie Center Drive LRT Bridge
17
Eden Prairie Town Center Station
18
Valley View Road LRT Bridge
19
Nine Mile Creek LRT Bridge
20
Golden Triangle Station
21
Hwy 212/Shady Oak Road LRT Bridge
22
City West Station
23
Hwy 62 LRT Tunnel
24
Systems Construction
25
Systems Contractor
•Aldridge Parsons Joint Venture (APJV)
•Project team management ≈ 25
•Project craft workers ≈ 40-50
•Subcontractors ≈ 25
26
SouthWest Station Traction Power Substation (TPSS) and Signal House
27
Traction Power Substation
28
City West Station Signal House and TPSS SW306 Foundations and Duct Banks
29
First Overhead Contact System (OCS) Wire Run Pull at SouthWest Station
30
31
Public Involvement
•Over 140 meetings and events:
January 2023 - July 31, 2023
•Summer engagement continues
at community events and along
the corridor
July Public Walking Tour of Green Line LRT at the Golden
Triangle Station site
32
Public Involvement: Community Tours
•6 tours held along the corridor in July, 75 attendees
•Sites visited different from May tours
•Discussion about “what’s to come”, both when the project opens and
for the areas surrounding the stations
•Next round of tours planned for September,will post the notice on
Project website
May 2023 SouthWest Station Tour
33
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MORE INFORMATION
Website: GreenLineExt.org
Email: swlrt@metrotransit.org
Twitter: @GreenLineExtMN
Instagram: @GreenLineExtMN
Thank You
Macro trends in transit
•The way people work has changed
•5.7% of Americans worked at home in 2019 and 17.9% in 2021 – that’s 27.6 million Americans*
•Fewer people are using public transit
•5% of Americans used public transit to get to work in 2019 and 2.5% in 2021*
•This data is true generally in the Twin Cities area and with SW Transit
*US Census American Community Survey, 2023
SWT Ridership Trends
•Express bus ridership is
down 75% since 2019
•Prime ridership is up 36%
since 2019
What is the future?
•The way people work has likely fundamentally changed due to
the rise in hybrid and full-time work from home options
•less need for fixed route transit services
•The over 65 population is expected to be 20% of the population
in Minnesota by 2038
•as population ages there will be more need for local micro-transit
options
•The rise of new technology such as self-driving electric vehicles
•will make it more efficient and more attractive for people to take
micro transit to the doctor or grocery store
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
August 15, 2023
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from American Legion Post 580 for Senior Center Woodshop Equipment
ITEM NO.:
IV.D.
Requested Action
Move to: Adopt Resolution accepting the donation of $1,500 from American Legion Post
580 for Senior Center Woodshop equipment (Lathe). Synopsis
This donation will go towards purchasing a lathe for the woodshop located at the Senior Center. Background The Eden Prairie Senior Center generates several hundred visits per week for drop-in programs,
enrichment classes, fitness opportunities and social events. The Senior Center’s community
woodshop is a valuable resource, serving senior and adult community members, scout groups and more. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational,
psychological, and physical needs; enhance the visibility of older adults; and promote their
participation in all aspects of community life. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $1,500 to be used towards the purchase of Senior Center woodshop equipment (lathe) is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA SECTION: Proclamations and Presentations
DATE: August 15, 2023
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation for Safety Camp from Comcast through the Eden Prairie Crime Prevention
Fund
ITEM NO.:
IV.E.
Requested Action Move to: Adopt Resolution accepting the donation of $5,000 for Safety Camp from Comcast through the Eden Prairie Crime Prevention Fund.
Synopsis A donation from Comcast was made to the Eden Prairie Crime Fund, who have donated the $5,000 to the City.
Background
The City of Eden Prairie through the collaborative efforts of the Parks and Recreation Department, Police and Fire Departments has been providing safety education in a recreational camp setting for the past 30 years. Safety topics include fire, water, bike, pedestrian, poison,
bully awareness and more. A graduation ceremony is held on the final day where campers
received a participation certificate and medal. The City of Eden Prairie collaborates and partners with various local agencies to ensure the ongoing success of the Eden Prairie Safety Camp, including Climb Theater, Hennepin County
Medical Center, Center Point Energy and National Weather Service.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $5,000 to be used towards Safety Camp from Comcast through the Eden Prairie Crime Prevention Fund is hereby recognized and accepted by the Eden
Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
_______________________ Ronald A. Case, Mayor ATTEST:
______________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
August 15, 2023
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Gassen Company towards Senior Center’s Golf Classic
ITEM NO.:
IV.F.
Requested Action
Move to: Adopt Resolution accepting the donation of $250 from Gassen Company towards
Senior Center’s Golf Classic. Synopsis
Donations such as this allow the Senior Center to offer special events at low or no cost to
residents. Background
The Eden Prairie Senior Center, when fully operational, generates several hundred visits per
week for drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years.
The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational,
psychological, and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $250 to be used towards the Senior Center’s Golf Classic from the Gassen Company is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
August 15, 2023
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donations from Prairie School of Dance and New Horizon Academy for August Movies in the Park
ITEM NO.:
IV.G.
Requested Action
Move to: Adopt Resolution accepting the donation of $500 from Prairie School of Dance
($250) and New Horizon Academy ($250) for August Movies in the Park Synopsis
Donations such as this allow the City to offer special events at low or no cost to residents. Background The Staring Lake Concert Series includes 3 nights of Movies in the Park shown on the giant
blow-up screen.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $500 to be used towards the August Movies in the Park from the Prairie School of Dance ($250) and New Horizon Academy ($250) for August Movies
in the Park is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP AND OPEN PODIUM
TUESDAY, JULY 11, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. 2024-2025 BUDGET
Getschow explained Council discusses the budget multiple times per year. The budget process
begins with a council goal session in February. Events such as division work plans, the prior year
financial audit results, and the Quality of Life survey occur throughout the year and influence the
budget. Council reviews the preliminary tax levy in September. In the fall Staff prepares the
Enterprise Funds budget, and the budget is finalized in December.
Getschow highlighted the Quality of Life survey results. The City’s benchmarks and rankings have
continued to rise compared to surrounding cities. Residents rate the City’s services highly, and the
City’s tax rate is one of the lowest in the area. Getschow also stated the goals of the City drive the
budget. The goals are Community Well-Being and Safety, Economic Vitality, High-Quality Efficient
Services, Innovative and Sustainable Practices, Preserved and Beautiful Environment, and Sense of
Community.
Getschow began with overall goals for the 2024 – 2025 budget including providing value to citizens,
creating a balanced budget, maintaining fund balances, and conservatively estimating revenues and
expenditures. The City will ideally spend between 97 and 99 percent of budgeted expenditures to
ensure the property tax levy is accurate. If revenues are greater than expenditures, the excess is
transferred to the Capital Improvement Fund.
Getschow noted as a service organization, almost 70 percent of expenditures are related to people.
The City is focusing on recruitment and retention related to Diversity and Inclusion. The City has a
high level of employee satisfaction and competitive pay. These factors ensure the City provides high
quality services. The 2024 – 2025 budget focuses on maintaining the workforce and continuing the
level of service delivery in the face of rising inflation.
City Council Workshop Minutes July 11, 2023
Page 2
Next, Getschow outlined the 2024 – 2025 budget by department. Rising costs for insurance, energy,
IT, facilities, and fleet are the main sources of budgeted expenditure increases. The Administration
budget is increasing in 2024 for three elections the City needs to staff. Narayanan inquired if the City
receives any money from the State to fund elections. Tammy Wilson, Finance Manager, confirmed
the City receives about $40 thousand from the State which does not fully cover the $100 thousand of
expenditures. Case inquired if the City receives reimbursement from political parties as the purpose
of a primary is for political parties to select candidates. Getschow answered no.
Getschow explained the Fire budget includes a service study to evaluate service delivery and its
current staffing model. The City is one of the last paid on call duty crew fire departments in the area.
Public Safety is budgeting for a fire fleet replacement, a police station remodel, and education of
future police officers. The City will receive $2.8 million dollars from the State for a one-time Public
Safety cash infusion, which will be used for police equipment or fire fleet replacement. Toomey
inquired if these funds can be used for the mobile command unit. Sackett confirmed Police has
submitted an application for a Burns grant of $1.2 million of federal funds for the mobile command
center.
Getschow stated Parks and Recreation is budgeting for trail extension and trail maintenance. The
newly constructed Round Lake building will be open in the next year. The Public Works budget
includes investments in infrastructure and sustainability initiatives such as the City’s Climate Action
Plan, solar energy, LED lighting, organics, recycling, and fleet electrification. The Community
Development budget prioritizes housing and race equity. The City will receive approximately $500
thousand per year from a new sales tax to expand housing programs.
Getschow noted Council prioritizes community engagement. The City is seeing record number of
attendance at community events. A class of residents recently graduated from City Government
Academy. In Summer and Fall 2023 the Council will attend several town halls in different
communities. The August City Council Workshop will be dedicated to the City’s relationship with
the school board and a September City Council Workshop will be dedicated to the non-profit
community.
Getschow explained technology is also a focus of the budget. Technology such as police body
cameras and enhanced software allows the City to conduct business more efficiently, but there is a
higher cost. Nelson inquired if the City is utilizing electric lawn mowers. Lotthammer stated no. It is
not feasible to mow the City’s parklands with an electric lawn mower due to park size and frequent
recharges needed. However, the City received a grant from the Minnesota Pollution Control Agency
for battery powered equipment such as string trimmers and chain saws. Nelson stated the City should
utilize the electric technology as soon as it is feasible. Lotthammer confirmed that is the City’s
practice. Getschow added the City has an electric Zamboni and will soon have an electric garbage
truck.
City Council Workshop Minutes July 11, 2023
Page 3
Getschow next summarized the revenue budget. Property tax revenue, which is the City’s largest
revenue source, is proposed to increase $2.2 million or 5.4 percent for 2024 and 4.9 percent for
2025. Narayanan inquired what the property tax increase was in 2023. Getschow responded 4.5
percent.
Getschow explained the second largest source of revenue is Charges for Services, the majority of
which is from the Eden Prairie Community Center (EPCC). Before COVID the City received almost
$2 million in EPCC membership revenue. This dropped to under $700 thousand during COVID. The
City will receive $1 million of American Rescue Plan Act (ARPA) funding in 2024 and 2025 to
offset lost revenue mainly at the EPCC. EPCC membership revenue is currently at $1.2 million and
is expected to be over $1.5 million by the end of 2025. The final ARPA funding will be received in
2025, and the EPCC is projected to be back to pre-pandemic revenue by 2026.
Getschow noted in intergovernmental revenue, the Police Department renegotiated the amount the
Eden Prairie School District pays for officers in the schools. Over the past 15 years, the school
district has paid between 20 and 40 percent of the wages and benefits for the four officers in the
schools. Starting as soon as 2024 this will increase to 50 percent.
Getschow explained building permit revenue is unpredictable. The City has traditionally budgeted
for $2 to $2.5 million of development revenue. 2021 was the highest year in the history of
development revenue as 2020 development was suppressed due to COVID. The City budgets for
building permit revenue conservatively as Eden Prairie is mostly developed. Development focus
now is mainly on remodeling and redevelopment. Any building permit revenue over budget is
transferred to the Capital Improvement Fund.
Getschow continued onto General Fund expenditures. The Public Works budget is decreasing by
approximately $400 thousand as those expenditures will now be funded by franchise fees. The
Police budget is increasing for an enhanced focus on recruitment, and an additional full time officer
in mid-2024. The Fire budget is increasing due to a raise in duty crew wages.
Getschow explained Staff reviews each budgetary line item to determine its necessity and find areas
to reduce costs. Discretionary spending has decreased by creating efficiencies without the need to
eliminate any services. The Facilities budget is increasing $450 thousand dollars in 2024 due to non-
discretionary spending, mainly higher gas and electric rates. As the City follows a two-year budget
cycle, the 2023 budget was adopted in 2021. Gas and electric rates have increased seven to nine
percent annually since the 2023 budget was adopted. The City has offset prince increases in gas,
electric, and insurance by finding cost savings elsewhere. New LED lighting and high efficiency
HVAC was installed in City buildings, saving $140 thousand per year.
Getschow stated the Information Technology budget is increasing due to election software, fleet
management software, Public Safety software, police body cameras, and police car cameras.
Regarding Health and Benefits, the City began a new health insurance contract in 2022, which
City Council Workshop Minutes July 11, 2023
Page 4
included a zero percent premium increase for 2023. A portion of these savings went toward updating
employee compensation to remain competitive. At a maximum the health insurance premium
increase for 2024 would be 9 percent, with a 5 percent increase in dental insurance premiums. There
is a possibility the budgeted health and dental expenditures could decrease as the premium increase
in 2024 is not yet finalized.
Getschow explained there are large increases in workers compensation insurance throughout the
State due to the shared risk pool. All members of the pool are seeing higher rates due to increases in
Public Safety Post Traumatic Stress Disorder (PTSD) claims. The City has an average experience
modification. There were many years where the City had a below average experience modification,
and the City expects to return to a below average experience modification in the future.
Getschow stated the proposed tax levy increase is 5.3 percent for 2024 and 4.8 percent in 2025.
These percentages include the capital levy and the debt levy which remain unchanged. The City has
continued to see market value increases. The City tax rate will again decrease with the proposed
2024 – 2025 budget. City tax rate is a useful statistic as it is universally comparable between cities.
The City’s tax rate of below 30 percent is lower than most surrounding cities. Using the currently
proposed tax levy, a median valued home would see a City tax increase of $59, less than four
percent.
Getschow presented a graph with the combined historical tax levies for 14 comparable cities over the
past 16 years. Eden Prairie was the lowest. The City’s 2024 – 2025 budget is again anticipated to be
the lowest of any comparable city. Currently, there are not any cities that are proposing a 2024 tax
levy increase below five percent. All cities are facing the same wage pressure, inflation pressure, and
increased cost of utilities. In September the City will set the maximum amount the tax levy can be.
The levy can be lowered by December when the final version is adopted, but historically the tax levy
presented in September has been the final version.
Freiberg inquired why some cities have a double-digit tax levy increase. Getschow explained
common reasons include a large debt levy to fund a project, or additional full-time employees.
Narayanan asked if the City shares levy information with realtors. Getschow noted the City most
often shares Quality of Life survey results and development information. Narayanan inquired how
the $14.3 billion market cap is divided into residential and commercial properties. Getschow
explained 70 percent of the additional value increase from last year was in residential properties. In
the current year, the value increase is more uniform between residential and commercial properties.
Industrial and apartment building values have increased the most, residential value has increased
three to five percent, and commercial value has increased one to two percent.
Narayanan noted he thought residential values and property taxes may have decreased after last
year’s historic increases. Getschow confirmed with the City Assessor residential home values are
still increasing, but at three to five percent instead of the 20 percent increases of last year. The City
Assessing division values each house at its estimated sale price.
City Council Workshop Minutes July 11, 2023
Page 5
Getschow asked Council to confirm its comfort level with the initial budget and the tax levy, with
the knowledge staff will continue reviewing it until it is finalized in December. Nelson inquired if
the City’s service level will continue at the current high level. Getschow responded it will continue
at the same level or better. Nelson stated quality of services provided is crucial as City services are
not free. Case noted the City has an advantageous tax base spread of 40 percent commercial
properties and 60 percent residential properties. When new properties are built in the City, the tax
base is increased. These may be some contributing factors to the City having the lowest historic levy
increases while maintaining very high levels of customer service. Nelson added the City began
energy efficiency projects earlier than surrounding cities.
II. THC UPDATE
Getschow introduced the next topic, THC. A recent State law gave liquor stores the ability to sell
low potency THC drinks and gummies. Several surrounding municipal and private liquor stores are
now selling low potency THC products or will be soon. Getschow asked the Council for direction on
City liquor stores selling low potency THC products.
Case inquired if the age limit is 21 and above for THC. Getschow confirmed the age limit of 21 and
above is correct. Case questioned how State Statute addresses consuming THC and operating a
vehicle. Sackett confirmed he would review the Office of Traffic Safety’s latest guidance. Case
inquired about the signage requirements for selling THC products, and noted the City should be
responsible and ethical by ensuring products are well labeled. Neuville explained state law has label
and packaging requirements for THC products. Case confirmed he is comfortable with City liquor
stores selling THC products and stressed the importance of Staff researching how to sell THC
products responsibly and ethically.
Getschow stated in the next few years municipalities must allow at a minimum one marijuana
dispensary per 12,500 people, which would be five dispensaries in the City. Getschow asked the
Council if it would like to cap the maximum number of dispensaries at five, with the knowledge the
cap can be increased. Vendors would still need licenses from the City and the State and conduct
business in a properly zoned area. Nelson inquired if the three City liquor stores would count for
three of the five locations. Getschow noted City liquor stores selling THC products would not count
as a dispensary. Case stated the Council could set the maximum number at the mandated five
dispensaries for now, knowing it can revisit and raise the limit later. Toomey, Nelson, Narayanan,
and Freiberg agreed to set the maximum at five dispensaries.
III. MILLER COURT UPDATE
Lotthammer explained the City has plans to construct an indoor court facility at Miller Park. Miller
Park is the optimal location due to the compliment of summer and winter activities, in addition to the
existing infrastructure in place. The cost estimates the City received back were significantly higher
City Council Workshop Minutes July 11, 2023
Page 6
than expectations. The City reviewed multiple options in addition to an indoor facility, such as a
partial replacement or an outdoor facility. RJM Construction Management, a highly regarded vendor
the City has worked with previously, created cost estimates for the different options. The indoor
facility would include two tennis courts, six pickleball courts, a locker room area, and a lobby area.
The indoor facility would cost $13 million, funded by $6.5 million of cash park fees and $6.5 million
of bonds. The City could use the facility’s park fees to repay the bond. An outdoor facility would
cost $1.8 – $2 million and would be funded by cash park fees. While the outdoor court facility is less
expensive, it cannot be used in winter and requires more maintenance as the court is exposed to the
elements. To remain on schedule, the City would need to request bids for the facility by early 2024.
Toomey inquired if a dome would be feasible. Lotthammer noted controlling temperature in a large
volume of space is challenging. Toomey inquired if a sponsorship is possible. Lotthammer noted
naming rights for the facility would likely generate $500 thousand. Narayanan inquired if it would
be less expensive for the City to buy an existing facility within Eden Prairie and modify it.
Lotthammer noted the City has not explored converting an existing facility. Case stated the Council
has too many questions to give an answer on the indoor court facility. He added he receives many
inquiries from residents regarding Pickleball and requested Lotthammer to return with possible
alternatives to an indoor facility.
Open Podium - Council Chamber (6:30)
IV. OPEN PODIUM
John Mallo, 14000 Foresthill Road, stated he has concerns about Senior Center bus drivers
consuming alcohol during lunch and then returning to the Senior Center to operate a bus. Bus drivers
for the Eden Prairie School District follow a zero-tolerance policy for alcohol. Mallo stated wearing
a seatbelt is not enforced.
Lotthammer noted there are state laws applicable to school bus drivers, but they do not govern
smaller busses such as the 15 passenger Senior Center bus. The City is not legally required to
perform items such as background checks for drivers, but does so as a best practice. Proper seatbelt
use is part of the employee handbook and training procedures. Senior Center staff has not had
concerns over drivers operating a bus under the influence of alcohol. The City has investigated these
claims with no findings.
Case stated in previous conversations he has encouraged Mallo to work with the State legislature to
enact laws for smaller passenger busses. Freiberg inquired if the City had a best practice regarding
drinking and operating a City vehicle. Getschow confirmed the City has a zero-tolerance policy for
operating a City vehicle under the influence of alcohol.
V. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 11, 2023 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. PEOPLEFEST WEEK PROCLAMATION
Lotthammer explained this proclamation will declare July 30 through August 5 as PeopleFest Week. PeopleFest is an annual, weeklong celebration that honors and
celebrates diversity in the community.
Case read the proclamation in full. B. EDEN PRAIRIE COMMUNITY BAND 50 YEAR ANNIVERSARY PROCLAMATION
Lotthammer noted this proclamation will declare July 23, 2023 as a day to honor the
Eden Prairie Community Band in recognition of its 50th anniversary. Case read the proclamation in full. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Items XIV. Reports A. Reports of Council Members 1. Fourth of July Appreciation.
CITY COUNCIL MINUTES July 11, 2023
Page 2
MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 5-0.
VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 13, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 13, 2023
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, June 13, 2023, and the City Council meeting held Tuesday, June 13, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR Case noted he would have to recuse himself from Consent Calendar M. Approve Change Order No. 5 for the W. 62nd Street Improvement Project due to a conflict of interest.
A. CLERK’S LIST
B. APPROVE THE SECOND READING OF THE ORDINANCE NO. 8-2023 AMENDING CITY CODE CHAPTER 4 RELATING TO LICENSING AND
REGULATION OF ALCOHOLIC BEVERAGES AND ADOPT RESOLUTION NO. 2023-65 APPROVING SUMMARY ORDINANCE
C. BUSH LAKE PET HOSPITAL (2023-04) SECOND READING OF ORDINANCE FOR ZONING DISTRICT CHANGE FROM OFFICE (OFC) TO NEIGHBORHOOD COMMERCIAL (N-COM) AND PUD DISTRICT REVIEW WITH WAIVERS ON 1.19 ACRES; RESOLUTION FOR SITE PLAN REVIEW ON 1.19 ACRES. (ORDINANCE NO. 9-2023-PUD-2-2023
FOR ZONING DISTRICT CHANGE AND PUD DISTRICT REVIEW; RESOLUTION NO. 2023-66 FOR SITE PLAN REVIEW)
D. APPROVE THE SECOND READING OF THE ORDINANCE NO. 10-2023 GRANTING A CABLE FRANCHISE TO COMCAST AND ADOPT RESOLUTION NO. 2023-67 APPROVING SUMMARY ORDINANCE
E. AWARD CONTRACT FOR MAINTENANCE FACILITY VEHICLE GATES TO BARNUM GATE SERVICES
F. AWARD CONTRACT OF BASE BID FOR COMMUNITY CENTER RINK 1 AHU REPLACEMENT TO PETERSON SHEET METAL
G. APPROVE THE CONTRACT WITH BS&A SOFTWARE FOR
ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM FOR FINANCIAL
CITY COUNCIL MINUTES July 11, 2023
Page 3
MANAGEMENT AND UTILITY BILLING
H. APPROVE AMENDMENT TO SHORT FORM CONSTRUCTION CONTRACT FOR NESBITT PRESERVE PARK TRAIL AND PAVEMENT IMPROVEMENTS
I. AUTHORIZE ENTERING INTO AN AGREEMENT WITH ODESSA II FOR THE RILEY LAKE VOLLEYBALL COURT IMPROVEMENTS
J. APPROVE CONTRACT WITH EPA AUDIO VISUAL INC. FOR EDEN PRAIRIE FIRE STATION ONE EMERGENCY OPERATIONS CENTER UPGRADE
K. APPROVE CONTRACT FOR GOODS AND SERVICES WITH LAKE COUTRY DOORS FOR INSTALLING LIGHTING ON ALL FIRE STATION BAY DOORS
L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT EVALUATION TESTING FOR THE 2024, 2025, AND 2026 PAVEMENT REHAB PROJECTS
M. APPROVE CHANGE ORDER NO. 5 FOR THE W. 62ND STREET IMPROVEMENT PROJECT
N. AWARD CONTRACT FOR WATERMAIN VALVE REPAIRS TO VALLEY RICH CO., INC.
O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR 2023 POND DREDGING
MOTION: Toomey moved, seconded by Freiberg, to approve Items A-L and N-O
on the Consent Calendar. Motion carried 5-0.
MOTION: Nelson moved, seconded by Narayanan, to approve Item M on the Consent Calendar. Motion carried 4-0-1 (Case).
IX. PUBLIC HEARINGS / MEETINGS
A. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 AND CHAPTER 9 RELATING TO A NEW FLEX SERVICE ZONING DISTRICT
Getschow stated the Comprehensive Plan, ASPIRE 2040, established a Flex Service land use category with the intent to provide for a mix of compatible industrial-commercial land uses that are not compatible with the goals and permitted uses of the Transit Oriented (TOD) or Town Center (TC) zoning
districts.
CITY COUNCIL MINUTES July 11, 2023
Page 4
Klima explained a new Flex Service zoning district is proposed to provide increased flexibilities and opportunities for businesses and property owners to reinvest in their
property while retaining many of the same rights and opportunities in the existing
zoning districts. All the properties guided Flex Service are currently zoned Industrial (I-2 or I-5) and are located in two (2) areas of the City – the Martin Drive industrial park and the intersection of Pioneer Trail and Pioneer Trail. No new non-conformities will be created with the adoption of this Ordinance.
Klima noted as the properties guided Flex Service are in areas of the City that were developed decades ago, the Ordinance proposes several incentives to encourage and facilitate reinvestment and redevelopment on the existing parcels. The Ordinance allows for additional commercial uses in addition to the same uses allowed in industrial districts. Setbacks are reduced from the larger standards of the Industrial
zoning district, which aligns with some of the existing conditions on Flex Service guided properties. Klima stated reduced parking requirements are proposed to allow flexibility to sites that can demonstrate a reduced parking need and provide supporting documentation
to City Council. Exterior building material standards are also proposed to acknowledge the “back of house” portions of properties and the industrial character of the area and proposed uses while maintaining requirements for high quality materials.
Klima added this action will only establish the zoning regulations for the Flex Service district in the zoning ordinance. Any rezoning of property would be a separate action and would be initiated by property owners. Narayanan asked if there are specifics for lighting standards. Klima confirmed
there are candlelight requirements. Case asked if municipalities own their own zone labeling. Klima stated there are similarities between municipalities, but there is no standardized labeling process.
There were no comments from the audience. MOTION: Freiberg moved, seconded by Nelson, to close the public hearing, and to approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 and Chapter 9 relating to a new Flex Service Zoning District. Motion carried 5-0.
B. APPROVE FIRST READING OF THE ORDINANCE TO AMEND CITY CODE CHAPTER 11 RELATING TO PARKING Klima stated the implementation of Aspire 2040 recommends reviewing the
zoning ordinance to ensure that all of the regulatory controls align with the Comprehensive Plan. Staff reviewed the parking requirements and identified
CITY COUNCIL MINUTES July 11, 2023
Page 5
some necessary changes. The proposed amendments address parking requirements for compact parking stalls, shared parking, banks, day care centers, retail and gymnasiums.
Klima explained the intention of these changes is to provide flexibility, streamline the process of allowing shared parking between 2 or more uses, provide requirements that best suit a particular use, scale parking to a particular use and reflect actual parking ratios and practices in the community.
Narayanan asked if there is a handicap parking requirement. Klima stated that code is within the building code. Narayanan asked if there are differentiations of parking for if a business is for drive-throughs or not. Klima stated there isn’t a specific differentiation, but the
code gives Staff the authority to be flexible with parking rules to align with the specific use. A similar process was done with Starbucks. Narayanan asked if electric vehicle parking has been considered. Klima stated Staff has been working to incorporate EV stalls through the development
agreement process. Because of current building code and State Statute, the City isn’t allowed to require EV chargers as part of a code. Narayanan clarified he meant if Staff considered special parking for electric vehicles as a way to promote more sustainable vehicles in Eden Prairie. The
parking spots wouldn’t be for charging. Klima stated Staff had not considered the option. Case stated the idea would warrant further discussion to determine if such incentives belong in the public sector.
There were no comments from the audience. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to approve the 1st Reading of the Ordinance to Amend City Code Chapter 11
relating to parking. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Toomey, to approve the payment of claims
as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
CITY COUNCIL MINUTES July 11, 2023
Page 6
XIII. APPOINTMENTS XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS 1. Fourth of July Appreciation
Case stated he has only heard positive feedback from community members. Staff
was consistently professional and helpful throughout the events. Getschow agreed Staff did a great job, and there was great public safety presence. They also had a record number of food trucks.
Case pointed out it is difficult to count such large crowds, but he heard 10,000-12,000 community members attended the event. About three-fourths of attendees were Eden Prairie residents. Overall, the event was a wonderful celebration of the Eden Prairie community.
Narayanan noted his family had a great time at the event. He suggested even more food trucks at future events to decrease wait times. Also, speakers farther away from the music could allow for more people to enjoy the entertainment. Nelson stated she has attended every fireworks show in the City, and 2023’s show
was the best one yet. Freiberg pointed out the variety of food trucks was much more diverse than in past years. There were almost double the amount of food trucks as the previous year. Also, he heard many people express feeling safe at the event.
Toomey agreed the event was vary fun, and she enjoyed the light-up swords offered by the Crime Prevention Fund. 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
1. FIRE SUPPRESSION UPDATE
CITY COUNCIL MINUTES July 11, 2023
Page 7
Case pointed out Council requested the item due to an apparent increase in fires recently.
Chief Gerber agreed it has been a busy month for the Eden Prairie Fire Department. It has affected homeowners, the neighborhoods, and the responders. He showed a chart depicting the increasing numbers of calls each year since 2020. Year-to-date, 2023 has seen 300 more calls than in 2022 at the same time.
Chief Gerber stated in 2022, 68 percent of calls were for medical. In 2023, the response to medical is 71 percent. On average since 2019, there have been 58 fires per year in Eden Prairie. In 2023, the year-to-date count is only 19, which is lower than normal.
Chief Gerber showed a chart of fire categories besides structure or building fires broken down by year. He then showed the statistics specifically for structure fires yearly since 2019. In 2019, there was $1.3 million in building loss across 18 fires. In 2023, there has been a loss of $1.78 million from only seven fires. In past years, only about half of fires have required pulling a hose. However, all 7 fires in
2023 have required a hose being pulled. Chief Gerber explained fire prevention is very important. He encouraged community members to have smoke alarms with updated batteries, develop an escape plan, discard smoking materials effectively, and to remain present while
cooking. He thanked the community for their support of the Eden Prairie Fire Department. Narayanan asked if age is tracked in response to medical calls. He pointed out Eden Prairie is an aging community which may result in more medical calls.
Chief Gerber stated the specific ages are not collected, but it is likely increasing due to again demographics. Narayanan added the housing stock is also aging, which could increase the number of house fires. Chief Gerber stated older homes aren’t necessarily more
likely to experience a fire. The items inside of homes these days are more likely to burn hotter or longer. Case asked if PFAS impacts the Department’s ability to put out a fire. Chief Gerber stated the Department has replaced all of their foam, so there is no more
PFAS in the foam. Case asked if HCMC receives the 911 calls. Chief Gerber stated Eden Prairie has their own dispatch line. The call is transferred to HCMC as well. The caller is given immediate steps to take while fire and medical are being dispatched. Eden
Prairie has a great relationship with the relevant entities. Case added Eden Prairie is unique to have as many trained EMTs as possible on Staff.
CITY COUNCIL MINUTES July 11, 2023
Page 8
Case noted he learned the Fire Department brings a fire truck even to a medical event so the firefighters can easily access the truck if there is another dispatch to a
fire incident.
Toomey asked if there are guidelines for bonfires. Chief Gerber stated detailed guidelines are available on their website. The primary consideration is using a fire ring and staying a safe distance away from buildings.
H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Frieberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:04 p.m.
Respectfully submitted, __________________________________________ Sara Aschenbeck, Administrative Support Specialist
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Temporary Wine
Organization: City of Eden Prairie Event: Wine Tasting Date: September 14, 2023 Place: Garden Room of Eden Prairie
8080 Mitchell Road
Temporary Wine Organization: City of Eden Prairie Event: Wine Tasting
Date: October 26, 2023
Place: Garden Room of Eden Prairie 8080 Mitchell Road Temporary Wine
Organization: City of Eden Prairie
Event: Wine Tasting Date: December 7, 2023 Place: Garden Room of Eden Prairie 8080 Mitchell Road
Temporary Wine Organization: Eden Prairie Lions Club Event: Pax Christi Concert Reception Date: August 31, 2023
Place: Pax Christi Catholic Community
12100 Pioneer Trail Temporary Wine Organization: Eden Prairie Lions Club Event: Pax Christi Homecoming Celebration
Date: October 8, 2023 Place: Pax Christi Catholic Community 12100 Pioneer Trail
Temporary Liquor
Organization: Eden Prairie Community Foundation Event: Prairie Brewfest Date: September 9, 2023 Place: Purgatory Creek Park
13001 Technology Drive
(Rain location: SW Station Parking Ramp, 13500 Technology Drive)
On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal
Old Chicago Taproom II, LLC DBA: Old Chicago Pizza & Taproom
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
08/15/2023
DEPARTMENT/DIVISION:
Community Development/Planning Julie Klima/ Sarah Strain
ITEM DESCRIPTION:
Code Amendment in Chapters 11 and 9 relating to adding the Flex Service Zoning District
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the second reading of the Ordinance to Amend City Code Chapters 11 relating to adding the Flex Service Zoning District and associated amendments of other sections
of Chapter 11 and Chapter 9 related to the Flex Service Zoning District.
• Adopt Resolution Approving the Summary Ordinance and Ordering the publication of said summary. Synopsis
This is the second reading of the Ordinance to Amend City Code Chapter 11 relating to adding the Flex Service Zoning District and associated amendments of other sections of Chapter 11 and Chapter 9 related to the Flex Service Zoning District. Attachments 1. Ordinance 2. Resolution for Summary Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY ADDING SECTION 11.23 RELATING TO THE CREATION OF A FLEX SERVICE ZONING DISTRICT AND MAKING RELATED AMENDMENTS TO SECTIONS 11.03 AND 11.70; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 TO ADD REFERENCES TO NEW ZONING DISTRICTS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 AND 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, is hereby amended by adding a new Section 11.23 Flex Service by
inserting the following new text: SECTION 11.23 FLEX SERVICE DISTRICT
Subd. 1. Purpose. The intent of the Flex Service (FS) Zoning District is to provide areas for a variety of compatible land uses outside of the Town Center and Transit Oriented Development districts that create a flexible industrial-commercial environment for the community. The purposes of the Flex Service Zoning District are to:
A. Convert areas previously utilized as industrial office hybrid into places with a diverse and innovative mix of uses that are better situated in these areas than in other areas of the City;
B. Provide alternative locations for businesses that meet auto service-oriented, indoor recreational
and amusement, commercial, and light industrial needs that are inconsistent with the goals and visions of Town Center, TOD, and Industrial Flex Tech areas;
C. Provide opportunities for adaptive reuse of properties that provide a mutually beneficial
relationship to land use and community needs;
D. Provide development opportunities that can be auto service-oriented as well as pedestrian accommodating and complement the scale of surrounding areas;
E. Provide a mix of uses and a more efficient, compact, and connected development pattern;
F. Guide future development to provide for and adapt to market and transportation demands;
Subd 2. Permitted Uses. A. Automotive Repair, Major, when conducted exclusively in an enclosed building. B. Automotive Repair, Minor, when conducted exclusively in an enclosed building. C. Small Brewer with Brewer Taproom D. Microdistillery with Cocktail Room E. Funeral Homes
F. Gymnasium G. Retail sales and services
a. Properties with frontage along a principal arterial street may utilize up to 100 percent of the building’s gross floor area for retail sales and services.
b. Properties without frontage along a principal arterial street may utilize up to 25 percent of the building’s gross floor area for retail sales and services. H. Manufacturing I. Warehousing J. Processing K. Wholesaling L. Distribution M. Packaging N. Assembling O. Compounding P. Showrooms
Q. Business and professional offices, up to 15% of the building’s gross floor area R. Public facilities and services S. Transit facilities
T. Antennas and Towers, in those locations and subject to the limitations contained in City Code Section 11.06 Subd. 3. Required Conditions A. Redevelopment shall be in substantial conformance with any special area study applicable to the property. B. Streetscaping must be incorporated to improve the aesthetics and provide cohesiveness. C. Parking structures may not be included in the calculation of number of floors and FAR. D. All permitted uses must be conducted within a building except for patio seating areas associated with taprooms, cocktail rooms, or other restaurant uses.
Subd. 4. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the FS district, unless otherwise noted:
Standard FS
Lot Size 15,000 sq ft
Lot Width 100 ft. min.
Lot Depth 150 ft. min.
Front Yard Setback 20 ft
Side Yard Setback 10 ft, both sides 20 ft total
Rear Yard Setback 15 ft
Maximum Building Height 40 ft
Maximum Floor Area Ratio 0.3 - 1 Story
0.5 - Multi story
B. The following minimum standards apply for all accessory structures in the FS district.
Standard FS
Side Yard Setback 15 feet
Rear Yard Setback 15 feet
Maximum Height 40 feet
Subd. 5. Performance Standards.
All new development, redevelopment, and subdivisions within the Flex Service district must comply
with architectural standards established in Section 11.03. Sites must also comply with all other
requirements of this Chapter, including but not limited to parking, landscaping, and signage unless
otherwise specified in this Section.
Subd. 6. Off-Street Parking Standards.
A. All properties in the FS district must comply with the off-street parking dimensional and location
requirements established in Section 11.03. The number of required parking stalls must either
comply with parking requirements in Section 11.03 or comply with a parking plan approved
through the following review process:
1. The City may approve a reduction of the number of required parking spaces in
conjunction with a parking plan upon a finding that there are no negative impacts on
traffic circulation and neighboring properties. This approval is not subject to the
requirements or standards of either a variance or PUD review. As part of an approved parking plan, an agreement between the City and the property owner may be recorded
against the property to ensure that additional parking will be provided should parking
needs exceed the provided parking onsite.
2. The parking plan must include the following elements:
a. At least five (5) off-street parking stalls provided for each property.
b. A site plan showing all structures, parking stalls, drive aisles, and parking and
structure setbacks.
c. Existing and proposed impervious surface coverage.
d. Parking lot calculations, including sizes of parking lot islands, percentage of property
used for parking, etc.
e. Snow storage areas and/or snow removal plan.
f. Stormwater management and water resources.
g. Garbage, recycling, and organics container locations.
h. A list of building uses/users and the area(s) they will occupy in square feet.
i. Operating hours of the uses/users, including peak demand
j. Typical parking need of the uses/users based on performance at other locations,
current site function, etc.
k. Traffic and parking data for the proposed use(s) on the site from ITE or other
professional transportation organization or licensed engineer.
l. Any shared parking or cross-access easements or agreements recorded against the
property.
m. Other items as may be requested by City staff to provide a thorough review of the
site.
Subd. 7. Pedestrian and Off-Street Bicycle Facility Standards.
A. Required public sidewalks and/or trails must be constructed in conformance with the
Comprehensive Guide Plan and the City’s Pedestrian and Bicycle Plan. Design must conform to
the requirements of the City Engineer and the City Parks and Recreation Director.
B. An off-street sidewalk or multi-use trail must be provided that connects each front door of
principal buildings to adjacent public sidewalks, trails, or other pedestrian areas that are either
existing or contemplated in the Comprehensive Guide Plan, an approved City trail plan, or the
City’s Capital Improvement Plan.
C. Off-street bicycle parking must be provided at the following ratios:
1. Commercial and industrial uses – 1 space per 20,000 square feet of gross floor area
2. Office uses - 1 space per 15,000 square feet of gross floor area.
3. Public uses - 5 spaces
D. Bicycle racks must be securely anchored to the ground and on a hard surface. Required bicycle
parking may be seasonal.
E. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide
bicycle parking for more than one structure or use upon the City’s approval of a shared parking
plan and agreement.
All development or redevelopment in the FS district must provide exterior pedestrian furniture in
appropriate locations along public trails, sidewalks, and other public gathering areas adjacent to
public rights-of-way at a minimum rate of one seat for every ten thousand (10,000) square feet of
gross floor area.
Section 2. City Code Chapter 11, Section 11.03, Subd. 1.A (Table) is amended by inserting the following new row after the “Mixed Use District” row:
Flex Service District FS
Section 3. City Code Chapter 11, Section 11.03, Subd. 3.K.3 is amended by adding the following new
text:
(d) The following provisions apply in the FS district.
(1) A minimum of seventy-five percent, (75%), of each façade of the exterior building finish
fronting on an arterial roadway shall consist of at least three (3) contrasting, yet
complementary materials, with at least one (1) color variation therein, comparable in
grade and quality to the following Class I materials:
i. Face brick;
ii. Natural stone;
iii. Glass;
iv. Cast Stone;
v. Cultured Stone;
vi. Architectural Precast;
vii. Precast Concrete Panel with an exposed aggregate of granite, marble, limestone,
or other natural stone material with at least two (2) architectural reveals per
panel; and
viii. Other materials equal to or better than these listed above, submitted with
specifications for installation and maintenance per industry standard and as
approved by the City Planner.
a. If glass is included as one (1) of the two (2) materials, the other material
is required to have no less than two (2) distinct color variations.
b. Use of brick, natural stone, and glass may be considered as one of
several grounds upon which the City Council may grant waivers from
Exterior Building requirements through the PUD process.
c. Thin brick may be used in place of full brick only when it is integrally
cast or connected to the substrate with mortar or grout, and not applied
post-casting. Thin brick is excluded from the waiver opportunity in
section 3(d)(viii)(b).
(2) Building façades with street frontage along roadways classified as anything other than
arterial may also use the following as Class I materials towards the required seventy five
percent (75%) with two (2) contrasting materials with one (1) color variation therein:
i. Specially designed precast concrete units if the surfaces have been integrally
treated with an applied decorative material or texture and smooth concrete block
if scored at least twice;
ii. Rock face;
(3) Building façades not fronting any street shall be required to have a minimum of sixty
percent (60%) Class I materials comprised of any combination of the above listed Class I
materials with two (2) contrasting materials with one (1) color variation therein.
Section 4. City Code Chapter 11, Section 11.03, Subd. 3.K.4 is amended by adding “and FS,” after the word “I-Gen”.
Section 5. City Code Chapter 11, Section 11.03, Subd. 3.M is amended by adding the word “FS,” after the word “I-GEN”. Section 6. City Code Chapter 11, Section 11.70, Subd. 5 is amended by adding the following new text:
J. Flex Service District: FS
1. Free-standing Signs.
a. A lot or parcel of record having one (1) street frontage may have one (1) free-standing sign not
to exceed eighty (80) square feet.
b. Where a building site has two (2) or more street frontages, one (1) free-standing sign not to
exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each
permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be
located on the street frontage generating the allowance.
c. Setback. No sign may be placed closer than ten (10) feet from any public right-of-way line.
d. Height. No free-standing sign may exceed eight (8) feet in height.
e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area.
f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted
area of a single-faced sign.
g. Free-standing signs that are double-faced signs must be placed back to back with not more than
thirty (30) inches between facings.
2. Wall Signs.
a. For façades with street frontage, the total wall signage may not exceed eighty (80) square feet.
b. For multi-tenant buildings, one (1) wall sign per leasable space attached to the exterior wall of
the building at the ground floor is permitted, not to exceed fifteen percent (15%) of the wall area
that tenant occupies of the wall to which it is affixed, up to a maximum of fifty (50) square feet.
c. Temporary Signs are only permitted as provided in Subdivision 4.
d. Sign Design. All signs shall be uniform in design, color, and placement.
e. Incidental signs are permitted as provided in Subdivision 4.
f. Sandwich board signs are permitted as provided in Subdivision 4.
Section 7. City Code Chapter 9, Section 9.01, Subd. 5 is amended by adding the word “FS,” after every instance of “I-GEN” in the subdivision. Section 8. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Sections 9.99 and 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 9. 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 11th day of July, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said
City on the 15th day of August, 2023.
ATTEST:
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the 24th day of August, 2023.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___-2023 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2023 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 15th day of August, 2023.
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. __-2023 is lengthy and contains tables.
B. The text of summary of Ordinance No. __-2023, 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 __-2023 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 August 15, 2023. ___________________________
Ronald A. Case, Mayor
ATTEST:
________________________
Nicole Tingley, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY ADDING A NEW SECTION 11.23 ENTITLED FLEX SERVICE ZONING DISTRICT AND MAKING RELATED AMENDMENTS TO SECTIONS 11.03 AND 11.70; AMENDING CITY CODE CHAPTER 9, SECTION 9.01 TO ADD REFERENCES TO NEW ZONING DISTRICTS; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 AND 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, by adding Section 11.23 Flex Service Zoning
District and associated regulations. There are a number of minor amendments to other sections of Chapter 11 and Chapter 9 to include reference to the Flex Service district and to provide consistency between the Flex Service Zoning District language and other parts of Chapter 11. The amendments include the following:
• Architectural Standards
• Permitted Uses
• Building Bulk and Dimension Standards
• Required Conditions
• Parking Standards
• Pedestrian and Off-street Bicycle Facility requirements
• Signage requirements
• Refuse and trash regulations in Chapter 9
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on August 24, 2023. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
08/15/2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Beth Novak-Krebs
ITEM DESCRIPTION:
Ordinance to amend City Code Chapter 11 relating to Parking and adopt resolution approving summary ordinance.
ITEM NO.:
VIII.C.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance to Amend City Code Chapter 11 relating to Parking
• Adopt a Resolution Approving the Summary Ordinance and ordering the publication of said
summary. Synopsis
This is the second reading of an ordinance related to parking requirements. The proposed amendments
address parking requirements for compact parking stalls, shared parking, and specific requirements for banks, day care centers, retail and gymnasiums. The intention of these changes is to provide flexibility, streamline the process of allowing shared parking between 2 or more uses, provide requirements that best suit a particular use, scale parking to a particular use and reflect actual parking ratios and practices
in the community.
Attachments
1. Ordinance
2. Resolution approving Summary Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03 RELATING TO PARKING REQUIREMENTS; 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, Subdivision 3, Subsection H, Item 1, is amended by
deleting the word “curb” and replacing it with the phrase “on-street parking”. Section 2. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, is amended by inserting the
following new Item 4 and renumbering the remaining items: 4. Compact Parking Stalls. Up to 10% of the required parking spaces in a parking lot, ramp,
or garage may be marked for compact cars and may be counted toward required parking counts, provided that the applicant meets the following requirements:
(a) All compact stalls must be a minimum of 8’ wide and 16’ in length for 90 degree stalls. For spaces that are not 90 degree, the most recent standards issued by the Institute of Transportation Engineers will be applied.
(b) Compact stalls must be identified.
(c) All required drive aisles must comply with City Code requirements.
Section 3. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 5 (as renumbered by Section 2, above) is deleted in its entirety and replaced with the following: 5. Parking Requirement/Use (a) Parking requirements based on type of use are as listed in the following table. The requirements for any use not specifically mentioned shall be designated by the City
Manager.
LAND USE OFF-STREET PARKING SPACE REQUIREMENTS
RESIDENTIAL USES
Single-Family 2/D.U. minimum, 4/D.U. maximum
A minimum of 1 space must be enclosed, driveway parking acceptable
Multifamily
• Studio or Efficiency
Units
1/D.U.
Half of all spaces must be enclosed (rounded up)
• All Other Units 2/D.U.
Half of all spaces must be enclosed (rounded up)
• Independent Senior
Living
1/D.U., plus 0.5 per unit for guest parking
Half of all spaces must be enclosed (rounded up)
• Nursing Homes,
Assisted Living,
Memory Care, or
Convalescent Care
1 per 4 beds, plus 1 space for each employee on the largest shift
If independent living units are combined with any of these uses then ½
of the required parking stalls for the independent living units must be
enclosed
OFFICE USES
Office G.F.A. RATIO
1—60,000 sq. ft. 5.0/1,000 sq. ft.
60,001—70,000 sq. ft. 4.9/1,000 sq. ft.
70,001—80,000 sq. ft. 4.8/1,000 sq. ft.
80,001—90,000 sq. ft. 4.7/1,000 sq. ft.
90,001—100,000 sq. ft. 4.6/1,000 sq. ft.
100,001—150,000 sq. ft. 4.2/1,000 sq. ft.
150,001 PLUS sq. ft. 4.0/1,000 sq. ft.
RETAIL, SERVICE AND
COMMERCIAL USES
Service Stations 10+ spaces where cars are serviced
Motels, Hotels 1/guest room + 1/employee
Restaurant Type 1 1/2.5 seats based on seating capacity
Restaurant Type 2 1/3 seats based on seating capacity
Restaurant Type 3 1/2 seats based on seating capacity
Day Care Center 1 per employee on the largest work shift plus 1 per business vehicle
plus 1 per every 6 children the facility is licensed to care for
Banks 5/1,000 sq. ft. G.F.A.
Brewer Taproom, Cocktail
Room
1/60 sq. ft. G.F.A.
Small Brewer,
Microdistillery
1/1,000 sq. ft. G. F. A.
Retail 0-30,000 sq. ft. 5/1000 sq. ft.
30,001 – 200,000 sq. ft. 4.5/1,000 sq. ft.
Over 200,000 sq. ft. 4.25/1,000 sq. ft.
Shopping Center 4.25/1,000 sq. ft. G.F.A.
INDUSTRIAL USES
Manufacturing 3/1,000 sq. ft. G.F.A.
Warehouses 0.5/1,000 sq. ft. G.F.A.
PUBLIC AND SEMI-PUBLIC USES
Places of Worship 1/3 seats in largest assembly room
RECREATIONAL USES
Golf Course 72 spaces, plus 1/3 seats in any clubhouse restaurant
Gymnasium 1/3 seats with fixed seating or 2.5/1,000 sq. ft. G.F.A.
(b) For supporting minor commercial uses within office/industrial buildings providing a supplemental function to the major office and/or industrial use, the number of parking spaces for such uses shall not be less than the minimum required for such
uses as provided in the table above.
(c) Specific parking requirements for the Mixed Use District, Transit Oriented Development District, and Town Center District are located in Sections 11.24, 11.26, and 11.27, respectively, of Chapter 11.
Section 4. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 6 (as renumbered), subparagraph (d) is amended by adding the following language after the word “serve” in the first sentence: “unless there is a shared parking agreement in place between two separate lots as provided in subparagraph 7(e) below.”
Section 5. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 7 (as renumbered), subparagraph (d) is amended by adding the following new item v:
v. All proof of parking stalls are 9’ by 18’. Section 6. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection H, Item 7 (as renumbered) is amended by adding the following new subparagraph (e): (e) Shared Parking. Off-street parking facilities for two (2) or more uses with substantially different hours of operation may be provided in a shared facility. The off-street parking requirements for a development or redevelopment project may be reduced up to 20% if the following standards are met.
i. Parking spaces are shared between two or more complimentary uses.
ii. A shared parking plan must be submitted whenever shared parking is proposed that requires specific analysis on the peaking characteristics of the various and future uses included.
iii. The applicant demonstrates that, because of the hours, size, and operation of the respective and future uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-street parking
facilities is proposed, and there will be an adequate amount of parking available to meet the needs for each use.
iv. A shared parking and cross access or similar agreement must be approved
by the City Planner and recorded against the applicable properties in the County Registrar of Titles’ or Recorder’s office with proof thereof
presented to the City. The City must be party to the agreement and no changes shall be made to the agreement unless all parties agree.
Section 7. 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 8. 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 11th day of July, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 15th day of August, 2023.
ATTEST:
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the 24th day of August, 2023.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___-2023 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2023 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 15th day of August, 2023.
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. __-2023 is lengthy and contains charts.
B. The text of summary of Ordinance No. __-2023, 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 __-2023 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 August 15, 2023. ___________________________
Ronald A. Case, Mayor
ATTEST:
________________________ Nicole Tingley, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.03, SUBDIVISION 3, SUBSECTION H RELATING TO PARKING 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, Subdivision 3, Subsection H, by
deleting the word “curb” in Item 1 and replacing it with “on-street parking”; adding a new section allowing compact parking stalls; deleting the table listing the parking requirements organized by zoning and replacing it with a new table listing the parking requirements organized by land use; amending the parking requirements for banks, retail, and gymnasiums and adding
parking requirements for day care centers; adding some clarifying language regarding proof of
parking and shared parking to several sections; and adding a new section on shared parking Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on August 24, 2023. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
08/15/2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION:
Kiwatchi Addition
ITEM NO.:
VIII.D.
Requested Action
Move to:
• Approve the 2nd Reading of an Ordinance for a Zoning Change from Rural to R1-9.5 on 2.11acres
• Approve the Development Agreement for Kiwatchi Addition Synopsis This is the final reading for Kiwatchi Addition. The applicant is requesting approval to divide one parcel into 4 single family lots and 3 outlots. The 2.11-acre property is located at 6285 Duck
Lake Road. The existing home on proposed Lot 3 is being moved off-site. The property is guided Low Density Residential, which allows a density of 0.1-5 units per acre. The proposed density of 1.9 units per acre is consistent with the guiding. Current zoning is Rural and the applicant is requesting a zoning district change to R1-9.5. The lots conform to the R1-9.5 zoning standards. The wetland, wetland buffer and stormwater management will be encompassed in Outlot A. The
Outlot will be deeded to the City so the City can preserve the wetland and wetland buffer and maintain the stormwater management facility. Outlots B and C are intended to be transferred to the property owners to the north to add square footage to their lots. The applicant will be installing a public sidewalk along the Duck Lake Road frontage of the property.
The 120-day review period expires on September 7, 2023. Attachments
1. Ordinance for Zoning Change 2. Summary of Ordinance 3. Development Agreement
KIWATCHI ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 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 land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District and shall be included hereafter in the R1-9.5 Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of August 15, 2023, entered into between 6285 Duck Lake, LLC, and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 13th day of June, 2023, 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 15th day of August,
2023.
ATTEST: ___________________________ _____________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on August 24, 2023.
EXHIBIT A
Land to be rezoned from Rural to R1-9.5
Legal Description Prior to Final Plat
That part of the Northeast Quarter of the Northwest Quarter of Section 5, Township 116, Range 22, described as beginning at a point on the West line of said Northeast Quarter of the Northwest Quarter a distance of 463.3 feet South of the Northwest corner thereof; thence South along said
West line to a point 789.2 feet North of the Southwest corner of said Northeast Quarter of the
Northwest Quarter; thence East parallel with the South line of said Northeast Quarter of the Northwest Quarter, a distance of 280.55 feet; thence North 321.49 feet along a line which if extended would intersect the North line of said Northeast Quarter of the Northwest Quarter at a point 282.46 feet East of the Northwest corner of said Northeast Quarter of the Northwest
Quarter; thence West to the point of beginning.
Torrens Property Legal Description After the Final Plat
Lots 1-4 and Outlots A, B, and C, Kiwatchi Addition, Hennepin County, Minnesota
KIWATCHI ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. - 2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH 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 rezoning of land located at 6285 Duck Lake
Road from the Rural Zoning District to the R1-9.5 Zoning 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 August 24, 2023.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
08/15/2023
DEPARTMENT/DIVISION:
Randy L. Slick Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Kiwatchi Addition
ITEM NO.:
VIII.E.
Requested Action
Move to: Adopt the resolution approving the final plat of Kiwatchi Addition. Synopsis This proposal is for a plat located at 6285 Duck Lake Road. The plat consists of 2.11 acres to be
platted into 4 single family lots, 3 outlots and right of way dedication for street purposes. The preliminary plat was approved by the City Council on June 13, 2023. Second reading of the Rezoning Ordinance and final approval will be approved by the City Council on August 15, 2023. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $440.00
• Receipt of street lighting fee in the amount of $801.90
• Prior to release of final plat, Developer shall execute a Special Assessment Agreement
for trunk sewer and water assessments on an assessable area of 2.09 acres in the amount of $18,979.70.
• Prior to release of final plat, Developer must tender a Warranty Deed for Outlot A for
review and approval.
• Prior to release of final plat, Developer must pay the cash payment in lieu of tree
replacement. The cash payment must be based on 16.5 inches of tree replacement.
• Prior to final plat approval, Developer must dedicate drainage and utility easements to
the City.
• Satisfaction of bonding requirements for the installation of public improvements.
• Developer shall submit a permit fee of five percent of the construction value of the
public improvements prior to the release of the final plat.
• Prior to release of final plat, Developer shall submit a 1” = 200’ scale reduction of final
plat.
• Prior to release of final plat, Developer shall submit a disk in AutoCAD format in
Hennepin County coordinates containing parcel and easement data.
• Provide areas (to the nearest square foot) of all lots, outlots and right-of-way.
Attachments
Resolution
Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023- ____ A RESOLUTION APPROVING FINAL PLAT OF KIWATCHI ADDITION WHEREAS, the plat of Kiwatchi Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Kiwatchi Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated August 15, 2023. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on August 15, 2023.
____________________________________ Ronald A. Case, Mayor ATTEST:
______________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 15, 2023
DEPARTMENT / DIVISION
Matt Bourne
Parks and Natural Resources Manager
ITEM DESCRIPTION
Approve Temporary Construction Easement and Permanent Trail Easement at 10100 and 10340 Viking Drive
ITEM NO.
VIII.F.
Requested Action Approve Temporary Construction Easement and Permanent Trail Easement at 10100 and 10340 Viking
Drive for the construction of the Viking Drive Trail.
Synopsis This Process is necessary to obtain easements from the adjoining property:
13-116-22-12-0003 Lot 1, Block 2, Golden Strip East
13-116-22-12-0006 Lot 1, Block 1, Golden Strip East Background
The City of Eden Prairie is to construct an 8 foot trail on Viking Drive from the Shutterfly property to
Golden Triangle Drive. In order to construct the trail, the City will need a Temporary Construction Easement and Permanent Trail Easement for 10100 and 10340 Viking Drive. The cost of these easements is $30,000.00 and will be funded through the Capital Improvement Fund for Trail Construction.
Attachments Temporary Construction Easements Trail Easements
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, CPIG II SOUTHWEST TECH LLC, a Minnesota
limited liability company, hereby conveys and warrants to the City of Eden Prairie, Minnesota,
a municipal corporation under the laws of the State of Minnesota (the “City”) and its contractor, a temporary easement for Trail Construction purposes over, under and across that part of Lot1, Block 2, GOLDEN STRIP EAST, Hennepin County, Minnesota (the “Property”), according to the recorded plat thereof, described and depicted on Exhibit A attached hereto (the “Easement
Area”).
The City at its sole cost will restore the Property to a condition equal to the condition of the Property prior to commencement of construction, including but not limited to landscaping and grading.
This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. SAID TEMPORARY CONSTRUCTION EASEMENT TO EXPIRE ON 10/31/2024
IN WITNESS WHEREOF, said Grantor and Grantee have caused this instrument to be executed the day and year written below. GRANTOR: WPT Properties LP, a Delaware limited partnership By: _______________________________________ Name: ___________________________________ Its: ___________________________________ Dated this day of ______________, 2023
ACKNOWLEDGMENT
STATE OF ____________________,
COUNTY OF ____________________
The foregoing instrument was acknowledged before me this day of _________, 20___, by ______________, __________________ of WPT Properties LP, a Delaware limited partnership, on behalf of the limited partnership. Notary Public ____________________________ My Commission expires ____________________ [REST OF PAGE LEFT BLANK INTENTIONALLY; ADDITIONAL SIGNATURE FOLLOWS]
[Signature Page to Easement Agreement] GRANTEE: City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota By: _______________________________________ Name: Ronald A. Case, Mayor
By: _______________________________________ Name: Rick Getschow, City Manager
ACKNOWLEDGMENT
STATE OF MINNESOTA,
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of City of Eden Prairie, Minnesota, a
municipal corporation under the laws of the State of Minnesota.
Notary Public My Commission expires: ___________________________
Owner: CPIG II SOUTHWEST TECH LLC
ADDRESS: 10100 VIKING DRIVE
PID: 13-116-22-12-0003
Property Description
Lot 1 Block 2 of Golden Strip East, Hennepin County, Minnesota.
PROPERTY LINE
REMOVE TREES (TREES WILL BE REPLACED
AT A 1:1 RATIO)
REMOVE TREES
(TREES WILL BE REPLACED AT A 1:1 RATIO)
18"
PLS 44900 LEANING
8" 10"
10"
3 10" CRAB APPLE
14"
14" 6"
3 6"
2 10" ASH3 6" ASH
12" 15"
2 10" CRAB APPLE
14" 9.5" 14" 6 VARIOUS DIA 16" 2 10" CRA1B2A"PCPRLAEB A2PP8L"ECRAB APPLE
3 6" 5 6"
3 6" ASHX3 8" ASH
6" 3 6"
X3 6"
18" X2 6" X8" X10" X8" X12" X8" X3 8" CRABXAP2P1L0E" CRAB APPLE X X X LS 43808
LS 43808
REMOVE RETAINING WALL
REMOVE RETAINING WALL
PROTECT EXISTING
BLOCK RETAINING WALL
Proposed Trail Easement Description
A permanent trail easement for public trail purposes over, under and across that part of the above described property described as follows:
10' back from the property line on Viking Drive
Proposed Construction Easement Description
A temporary easement for construction purposes over,
under and across that part of the above described property described as follows:
Variable width from the proposed permanent trail easement along Viking Drive as shown in the exhibit above.
LINETYPE LEGEND
PROPERTY LINE
PERMANENT EASEMENT
TEMPORARY EASEMENT
PERMANENT EASEMENT AREA
TEMPORARY CONSTRUCTION EASEMENT AREA
BEYOND PERMANENT TRAIL EASEMENT
5' WIDE ADDITIONAL DRAINAGE AND UTILITY EASEMENT
8' WIDE PROPOSED TRAIL
LIC. NO. DATE:
FILE: P:\2022\22-016 - Viking Drive Trail\CAD\DWG\EXHIBITS\22-016_SUR-EASE.dwg LAYOUT: 003 SCALE: 0 DATE/TIME: Nov 04, 2022 - 11:40am USER: aoppenheimer XREF(s): 22-016_X-SUR.dwg 22-016_X-GEN-TBLK.dwg 22-016_X-CIV-SITE.dwg 22-016_X-HATCH.dwg 22-016_X-CIV-GRAD.dwg 5' DRAINAGE AND UTILITY EASEMENT 8' BITUMINOUS TRAIL 35' TEMPORARY CONSTRUCTION EASEMENT AT DRIVEWAY ENTRANCE 10' PERMANENT TRAIL EASEMENT 10' TEMPORARY CONSTRUCTION EASEMENT 10' EXISTING DRAINAGE AND UTILITY EASEMENT 18' TEMPORARY CONSTRUCTION EASEMENT AT DRIVEWAY NO. DATE
XX-XX-XX
DRAWN
XXX
XXX
CHECKED
XXX
ISSUES / REVISIONS
XXXXXX
TRAIL & UTILITY EASEMENT
The undersigned (“Grantor”) hereby grants and conveys this day of
, 2023 to the City of Eden Prairie, a municipal corporation organized under the
laws of the State of Minnesota (“Grantee”) a Trail Easement (“Trail Easement”) and a Utility
Easement (“Utility Easement”) (collectively, the “Easements”) for the following uses and purposes
and subject to the following terms and conditions on, over, under and across real property in the
County of Hennepin, State of Minnesota and shown and legally described in Exhibit A made a part
hereof.
1. Uses and Purposes.
A. Trail Easement. The Trail Easement shall be for the following purposes and uses:
1. For the construction, reconstruction, maintenance, inspection, alteration, and
repair of a trail and/or sidewalk and associated appurtenances;
2. For pedestrian uses of a trail and sidewalk by the public as authorized by
Grantee;
3. For travel by the public in or on motorized vehicles as authorized by Grantee; and
4. To remove, cut, and trim trees, shrubs, and vegetation.
B. Utility Easement. The Utility Easement shall be for the purpose of construction, reconstruction, maintenance, and access of and for public and private utilities. 2. Nonexclusive. The Easements shall be nonexclusive; provided, however, the Easements shall be prior to and
superior to any other easement hereinafter granted by Grantor. Any future easement shall be
subject to and subordinate to, and shall not interfere with, the Easements without the consent, in
writing, of Grantee.
3. Duration of Easement.
The Easements shall be perpetual, shall run with the land, shall be binding upon Grantor
and its successors and assigns and shall be for the benefit of Grantee and its successors and
assigns.
IN WITNESS WHEREOF, the Grantor has caused this document to be executed as of the
day and year aforesaid.
CPIG II SOUTHWEST TECH LLC
By:
Name:
Title:
STATE OF )
COUNTY OF )
) ss.
This instrument was acknowledged before me this day of
, 2023, by
, the of
CPIG II SOUTHWEST TECH LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
GRANTEE: City of Eden Prairie, Minnesota,
a municipal corporation under the laws of the State of Minnesota
By: _______________________________________ Name: Ronald A. Case, Mayor
By: _______________________________________ Name: Rick Getschow, City Manager
ACKNOWLEDGMENT
STATE OF MINNESOTA,
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota.
Notary Public My Commission expires: ___________________________
Tax ID: 1311622120003 Owner: CPIG II SOUTHWEST TECH LLC
PROPOSED UTILITY EASEMENT
VIKING DRIVE
MINNESOTA CERTIFICATION
I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I
am a duly Licensed Land Surveyor under the laws of the State of Minnesota.
Dated this 13th day of January, 2023
SCALE IN FEET
HANSEN THORP PELLINEN OLSON, Inc.
7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax
Paul A. Thorp Minnesota License No. 13637 0 60 120 240 Project No. 22-016 SHEET 1 OF 2 GOLDEN TRIANGLE DRIVE
Tax ID: 1311622120003 Owner: CPIG II SOUTHWEST TECH LLC
An easement for Proposed Trail Easement purposes over, under and across the southerly 10.00 feet of the following described property:
Lot 1, Block 2, GOLDEN STRIP EAST, according to the recorded plat thereof, Hennepin County, Minnesota.
Said easement contains 7318.53 square feet.
An easement for Proposed Utility Easement purposes over, under and across the northerly 5.00 feet of the southerly 15.00 feet of the
following described property:
Lot 1, Block 2, GOLDEN STRIP EAST, according to the recorded plat thereof, Hennepin County, Minnesota.
Said easement contains 3790.41 square feet.
MINNESOTA CERTIFICATION
I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I
am a duly Licensed Land Surveyor under the laws of the State of Minnesota.
Dated this 13th day of January, 2023
HANSEN THORP PELLINEN OLSON, Inc.
7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax
Paul A. Thorp Minnesota License No. 13637 Project No. 22-016 SHEET 2 OF 2
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, CPIG II SOUTHWEST TECH LLC, a Minnesota
limited liability company, hereby conveys and warrants to the City of Eden Prairie, Minnesota, a
municipal corporation under the laws of the State of Minnesota (the “City”) and its contractor, a temporary easement for Trail Construction purposes over, under and across that part of Lot1, Block 1, GOLDEN STRIP EAST, Hennepin County, Minnesota (the “Property”), according to the recorded plat thereof, described and depicted on Exhibit A attached hereto (the “Easement
Area”).
The City at its sole cost will restore the Property to a condition equal to the condition of the Property prior to commencement of construction, including but not limited to landscaping and grading.
This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. SAID TEMPORARY CONSTRUCTION EASEMENT TO EXPIRE ON 10-31-2024.
IN WITNESS WHEREOF, said Grantor and Grantee have caused this instrument to be executed the day and year written below.
GRANTOR: WPT Properties LP, a Delaware limited partnership
By: _______________________________________
Name: ___________________________________
Its: ___________________________________ Dated this day of ______________, 2023
ACKNOWLEDGMENT
STATE OF ____________________,
COUNTY OF ____________________
The foregoing instrument was acknowledged before me this day of _________, 20___, by ______________, __________________ of WPT Properties LP, a Delaware limited partnership, on behalf of the limited partnership.
Notary Public ____________________________ My Commission expires ____________________
[REST OF PAGE LEFT BLANK INTENTIONALLY; ADDITIONAL SIGNATURE FOLLOWS]
[Signature Page to Easement Agreement]
GRANTEE: City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota
By: _______________________________________ Name: Ronald A. Case, Mayor
By: _______________________________________ Name: Rick Getschow, City Manager
ACKNOWLEDGMENT
STATE OF MINNESOTA,
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota.
Notary Public My Commission expires: ___________________________
10' PERMANENT TRAIL EASEMENT 17' TEMPONRSA1R/4YLINE SEC. 13, T 116, R 22 5' DRAINAGE AND UTILITY EASEMENT VIKING DRIVE
Owner: CPIG II SOUTHWEST TECH LLC
ADDRESS: 10340 VIKING DRIVE
PID: 13-116-22-21-0006
Property Description
Lot 1 Block 1 of Golden Strip East, Hennepin County, Minnesota.
OWNER: PID: 131 ADDRESS
REMOVE TREES
(TREES WILL BE REPLACED AT A 1:1 RATIO)
REMOVE TREES
OWNER: WPT PROPERTIES LP PID: 1311622210006 ADDRESS:10340 VIKING DR
REMOVE TREES
(TREES WILL BE REPLACED AT A 1:1 RATIO)
(TREES WILL BE REPLACED
AT A 1:1 RATIO) PROPERTY LINE
10"
BITUMINOUS
BITUMINOUS
X X X18"
18"
12"
BITUMINOUS
10" 10"
16"
16"
08"
08"
16" 16"
X08"
X12"
10" 14"
X14"
X14"
14"
X14"
X12"
12" 14"
BITUMINOUS BITUMINOUS
(Public Right of Way)
Proposed Trail Easement Description
A permanent trail easement for public trail purposes over, under and across that part of the above described property described as follows:
10' back from the property line on Viking Drive
Proposed Construction Easement Description
A temporary easement for construction purposes over,
under and across that part of the above described property described as follows:
Variable width from the proposed permanent trail easement
along Viking Drive as shown in the exhibit above.
LINETYPE LEGEND
PROPERTY LINE
PERMANENT EASEMENT
TEMPORARY EASEMENT
PERMANENT EASEMENT AREA
TEMPORARY CONSTRUCTION EASEMENT AREA
BEYOND PERMANENT TRAIL EASEMENT
5' WIDE ADDITIONAL DRAINAGE AND UTILITY EASEMENT
8' WIDE PROPOSED TRAIL
s): 22-016_X-SUR.dwg 22-016_X-GEN-TBLK.dwg 22-016_X-CIV-SITE.dwg 22-016_X-HATCH.dwg 22-016_X-CIV-GRAD.dwg 30 FOOT UTILITY EASEMENT CONSTRUCTION EASEMENT 10' EXISTING DRAINAGE AND UTILITY EASEMENT 4' TEMPORARY CONSTRUCTION EASEMENT X
SCALE IN FEET
HORIZONTAL EASEMENT EXHIBIT
SHEET
LIC. NO. DATE:
HANSEN THORP PELLINEN OLSON, Inc.
7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax
PROJECT NO. 22-016.1
0 20 40 60 10340 VIKING DRIVE 1
VIKING DRIVE TRAIL OF
EDEN PRAIRIE, MN 1 FILE: P:\2022\22-016 - Viking Drive Trail\CAD\DWG\EXHIBITS\22-016_SUR-EASE.dwg LAYOUT: 002 SCALE: 0 DATE/TIME: Nov 04, 2022 - 11:40am USER: aoppenheimer NO. DATE
XX-XX-XX
DRAWN
XXX
XXX
CHECKED
XXX
ISSUES / REVISIONS
XXXXXX
TRAIL & UTILITY EASEMENT
The undersigned (“Grantor”) hereby grants and conveys this day of
, 2023 to the City of Eden Prairie, a municipal corporation organized under the
laws of the State of Minnesota (“Grantee”) a Trail Easement (“Trail Easement”) and a Utility
Easement (“Utility Easement”) (collectively, the “Easements”) for the following uses and purposes
and subject to the following terms and conditions on, over, under and across real property in the
County of Hennepin, State of Minnesota and shown and legally described in Exhibit A made a
part hereof.
1. Uses and Purposes.
A. Trail Easement. The Trail Easement shall be for the following purposes and uses:
1. For the construction, reconstruction, maintenance, inspection, alteration, and
repair of a trail and/or sidewalk and associated appurtenances;
2. For pedestrian uses of a trail and sidewalk by the public as authorized by
Grantee;
3. For travel by the public in or on motorized vehicles as authorized by Grantee; and
4. To remove, cut, and trim trees, shrubs, and vegetation.
B. Utility Easement. The Utility Easement shall be for the purpose of construction, reconstruction, maintenance, and access of and for public and private utilities. 2. Nonexclusive. The Easements shall be nonexclusive; provided, however, the Easements shall be prior to and
superior to any other easement hereinafter granted by Grantor. Any future easement shall be
subject to and subordinate to, and shall not interfere with, the Easements without the consent, in
writing, of Grantee.
3. Duration of Easement.
The Easements shall be perpetual, shall run with the land, shall be binding upon Grantor
and its successors and assigns and shall be for the benefit of Grantee and its successors and
assigns.
IN WITNESS WHEREOF, the Grantor has caused this document to be executed as of the
day and year aforesaid.
CPIG II SOUTHWEST TECH LLC
By:
Name:
Title:
STATE OF )
COUNTY OF )
) ss.
This instrument was acknowledged before me this day of , 2023, by
, the
of CPIG II SOUTHWEST TECH LLC,
a Minnesota limited liability company, on behalf of the company.
Notary Public
GRANTEE:
City of Eden Prairie, Minnesota,
a municipal corporation under the laws of the State of Minnesota By: _______________________________________ Name: Ronald A. Case, Mayor
By: _______________________________________
Name: Rick Getschow, City Manager
ACKNOWLEDGMENT
STATE OF MINNESOTA,
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of City
of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota.
Notary Public
My Commission expires: ___________________________
Tax ID: 1311622120006 Owner: CPIG II SOUTHWEST TECH LLC
PROPOSED UTILITY EASEMENT
VIKING DRIVE PROPOSED TRAIL EASEMENT
MINNESOTA CERTIFICATION
I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I
am a duly Licensed Land Surveyor under the laws of the State of Minnesota.
Dated this 13th day of January, 2023
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HANSEN THORP PELLINEN OLSON, Inc.
7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax
Paul A. Thorp Minnesota License No. 13637 0 40 80 160 Project No. 22-016 SHEET 1 OF 2
Tax ID: 1311622120006 Owner: CPIG II SOUTHWEST TECH LLC
An easement for Proposed Trail Easement purposes over, under and across the southerly 10.00 feet of the following described property:
Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota.
Said easement contains 3968.08 square feet.
An easement for Proposed Utility Easement purposes over, under and across the northerly 5.00 feet of the southerly 15.00 feet of the
following described property:
Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota.
Said easement contains 2015.74 square feet.
MINNESOTA CERTIFICATION
I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota.
Dated this 13th day of January, 2023
HANSEN THORP PELLINEN OLSON, Inc.
7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax
Paul A. Thorp Minnesota License No. 13637 Project No. 22-016 SHEET 2 OF 2
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 15, 2023
DEPARTMENT / DIVISION
Matt Bourne
Parks and Natural Resources Manager
ITEM DESCRIPTION
Approve Temporary Construction Easement and Permanent Trail Easement at 10400 Viking Drive
ITEM NO.
VIII.G.
Requested Action Approve Temporary Construction Easement and Permanent Trail Easement at 10400 Viking Drive for
the construction of the Viking Drive Trail.
Synopsis This Process is necessary to obtain easements from the adjoining property:
13-116-22-21-0012 Lot 1, Block 1, Golden Strip East 2nd Addition Background The City of Eden Prairie is to construct an 8 foot trail on Viking Drive from the Shutterfly property to
Golden Triangle Drive. In order to construct the trail, the City will need a Temporary Construction Easement and Permanent Trail Easement for 10400 Viking Drive. The cost of these easements is $10,000.00 and will be funded through the Capital Improvement Fund for Trail Construction. Attachments
Temporary Construction Easement Trail Easement
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TEMPORARY CONSTRUCTION EASEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (“Easement Agreement”) is made effective as of the date the last of the Parties executes this Easement Agreement (the “Effective Date”) by and between WPT Properties LP, a Delaware limited partnership (the “Grantor”) whose address is: c/o Workspace Property Trust, 6625 West 78th Street, Suite 140, Bloomington, MN 55439, Attention: Bradley D. Butler, Vice President Regional Director and c/o Workspace Property Trust, 700 Dresher Road, Suite 150, Horsham, PA 19044 Attention: Legal and City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota (the “Grantee”) whose address is: 8080 Mitchell Road, Eden Prairie, MN 55344, Attention: City Engineer. The Grantor and Grantee sometimes each
are referred to herein as a “Party” and sometimes both are referred to herein as “Parties.” RECITALS
WHEREAS, Grantor is the owner in fee simple of the real property located in City of Eden Prairie, Hennepin County, Minnesota and identified by Tax Property Identification Number 13-116-22-21-0012 and
which is legally described as: Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof. (referred to herein as the “Property”). WHEREAS, Grantee seeks to construct a trail over a portion of the Property (the “Project”) and desires to obtain a temporary easement over a portion of the Property for construction purposes. WHEREAS, Grantor is willing to grant to Grantee a temporary construction easement according to
the terms and conditions contained herein. AGREEMENT
In consideration of the mutual covenants of the Parties contained herein, the receipt and sufficiency of which the Parties hereby acknowledge, and by which the Parties hereby intend to be legally bound by, the
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Parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a temporary easement for construction purposes over, under, across, through and upon a portion of the Property (the “Temporary Construction Easement”), which is visually depicted in Exhibit A, attached hereto and incorporated herein (herein after referred to as the “Temporary Construction Easement Tract”). Notwithstanding any provision or depiction on Exhibit A to the contrary, the Parties agree that the Temporary Construction Easement does not include or provide Grantee with any easement rights over any other portion of the Property located beyond the boundaries of the Temporary Construction Easement Tract, including but not limited to, any curbs, curb cuts, parking lots, any existing improvements that are located on the Property and shown on Exhibit A, or any other future improvements that may be located on the Property beyond the boundaries of said tract. The parties have entered into a separate permanent easement for Grantee’s
continuing use and maintenance of the trail once constructed. 2. Grantee’s Rights and Obligations Within Temporary Construction Easement Tract. (a) Said Temporary Construction Easement shall include, but not be limited to, the right of the Grantee, its contractors, employees, agents, consultants and invitees (collectively, the “Grantee Parties”) to
enter upon said Temporary Construction Easement Tract at all reasonable times for the purpose of constructing improvements (the “Improvements”) pursuant to the plans attached hereto as Exhibit A (the “Plans”). Grantee shall be responsible, at its sole cost and expense, to obtain all permits required for construction of the Improvements. (b) Grantor, at its sole cost and expense, agrees that all earth and other material excavated and removed from the Temporary Construction Easement Tract (collectively referred to herein as the “Excavated Material”) shall become the property of Grantee, and may be used in the construction of Grantee’s Project, or be hauled away and disposed by Grantee in accordance with all applicable zoning, municipal, county, state and federal laws, ordinances and regulations, now in effect or hereafter adopted, passed, or promulgated (collectively, the “Applicable Laws”). Subject to the following sentence, Grantee agrees that Grantor shall not be responsible
for any costs, expenses, damages, demands, obligations, including penalties and attorneys’ fees, costs, disbursements, or losses resulting from any claims, actions, suits or proceedings (collectively, the “Claims”) relating to the Excavated Material removed by Grantee and hereby waives any and all Claims against Grantor in
connection with the Excavated Material. If any Claim related to Excavated Material involves a Release as defined herein, the provisions of paragraph 6 will apply and will supersede the provisions of the preceding sentence.
(c) Prior to the expiration of the Term of the Easement Agreement, and any permissible extensions thereto, Grantee shall (1) replace all topsoil and reestablish grass cover on exposed soil areas within the Temporary Construction Easement Tract where excavation and embankment construction takes place, and where clay or other soil is exposed; (2) replace any impacted improvements or vegetation, which may include, but may not be limited to, replacing any trees that have been removed with trees that are substantially the same height, maturity, and kind, or a substitute approved by Grantor, the approval of which shall not be unreasonably withheld, conditioned, or delayed, and replace other impacted landscaping, landscaping, irrigation systems or property to substantially the same condition it was in prior Grantee’s use of the Temporary Construction Easement Tract: (3) restore the surface or any subsurface improvements within the Temporary Construction Easement Tract in accordance with the Plans approved by Grantor; and (4) remove its personal property from
the Temporary Construction Easement Tract. Grantee shall contract with the landscaping contractor designated by Grantor to perform all restoration work required under this paragraph in accordance with a restoration plan that has been approved by both Grantor and Grantee.
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Prior to commencing any maintenance, repairs or replacements to the Temporary Construction Easement Tract, Grantee shall consult with Grantor to utilize contractors that are approved by Grantor in connection with any such repairs or replacements to Grantor’s irrigation systems, landscaping or other improvements on the Property. 3. Notice of Commencement of Construction. Grantee agrees that prior to commencing construction on the Project, Grantee shall give Grantor at least thirty (30) days prior written notice and provide a second written notice not less than three (3) business days prior to commencing construction to allow Grantor to alert its tenants, agents and employees of the construction. Upon the completion of any improvements on the Property, including the installation of any utilities, Grantee covenants to within thirty (30) days after completion provide to Grantor as-built plans for all such
improvements. During the Term (as defined below), Grantee shall not: (i) block access to or interfere with Grantor or
Grantor’s agents, tenants, contractor or employees rights to access the Grantor’s parking or entry points on the Property, and (ii) disturb any monument signage or the retaining wall located on the Property without Grantor’s prior written consent.
4. Term of Temporary Construction Easement. (a) The Temporary Construction Easement granted herein shall commence on September 1, 2023 and shall automatically terminate on the earlier of: (i) the completion of construction of the Project on the Property, or (ii) October 31, 2024 (“Term”). From September 1, 2023 through March 1, 2024, Grantee may only undertake utility relocation work in the Temporary Construction Easement Tract. Construction of the Improvements shall not commence prior to March 1, 2024. Grantee agrees to diligently pursue construction and completion of the Project on the Property during the Term and in accordance with the construction schedule that will be provided by Grantee to Grantor upon Grantee’s award of a construction contract for the Project (the “Construction Schedule”). “Diligently Pursue(s) Construction and Completion of the Project” means
Grantee shall make steady and regular progress to complete the Project during the Term, in a proper and workmanlike manner, and in accordance with the Plans, the Construction Schedule, and applicable laws. Grantee shall be deemed to be diligently pursuing construction and completion of the Project notwithstanding delays to
the Construction Schedule due to the actions or inactions of parties outside of the control of Grantee, such as private utilities.
Upon the expiration of the Term, this Agreement shall automatically terminate be void and of no further force or effect without further action by either party. Grantee further agrees that after construction is completed and upon Grantor’s request, Grantee will prepare a recordable termination agreement releasing the Easement Agreement, which must be approved by Grantor in its sole discretion, the approval of which shall not be unreasonably withheld, conditioned or delayed. Grantor reserves the right to use all portions of the Temporary Construction Easement Tract for any purpose not inconsistent with or adverse to the rights hereby conveyed to Grantee. (b) If Grantee ceases construction of the Project on the Property for more than thirty (30) consecutive days, Grantee agrees that Grantor shall be free to use the Temporary Construction Easement Tract for any purpose until construction re-commences, provided such use does not adversely impact the Project in
any manner. If Grantee shall fail to restore the Temporary Construction Easement Tract as set forth in this Agreement, within thirty (30) days after receipt of written notice from Grantor, Grantor may, at its option, enter into the Temporary Construction Easement Tract and perform the necessary repairs to the Temporary
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Construction Easement Tract and Grantee agrees to reimburse Grantor for the reasonable costs it incurs within fifteen (15) days after receipt of Grantor’s invoice and Grantor shall have no liability to the Grantee Parties for removal of its personal property from the Temporary Construction Easement Tract. Notwithstanding anything contained herein to the contrary, Grantor shall have no obligation to restore the Temporary Construction Easement Tract after the termination of this Easement Agreement. 5. AS-IS. Grantor makes no representations or warranties as to the condition of the Property, including the Temporary Construction Easement Tract, and Grantee agrees to accept and use the Property, including the Temporary Construction Easement Tract, in its current AS-IS condition. 6. Environmental Matters. Grantee shall not cause or permit the Property or the Temporary Construction Easement Tract to become contaminated by the release or threat of the release of any hazardous substances, pollutants, or contaminants (collectively, the “Releases”) being brought upon, kept or used in or
about the Property or to the Temporary Construction Easement Tract by the Grantee Parties during the Term of this Temporary Construction Easement. If the presence of any hazardous substances, pollutants, or contaminants are caused or permitted by any of Grantee Parties to be brought upon the Temporary
Construction Easement Tract which results in contamination of the Property or of the Temporary Construction Easement Tract, or if contamination of the Property or the Temporary Construction Easement Tract otherwise occurs resulting from the acts or omissions of the Grantee Parties, Grantee will be liable to Grantor for damage
resulting therefrom, and shall be liable for completing any remediation and restoration required to be completed to the Temporary Construction Easement Tract under all Applicable Laws and all costs and expenses related to such remediation or restoration. Grantee further agrees to indemnify, defend and hold Grantor harmless from any environmental damages, caused, disturbed or aggravated by the Grantee Parties in connection with the Property or the Temporary Construction Easement Tract. Except as set forth above, Grantee shall not be responsible for any Claims relating to any hazardous substances, pollutants, or contaminants that may exist on the Property or the Temporary Construction Easement Tract prior to the date of this Easement Agreement. Grantee acknowledges that Grantor makes no representations or warranties as to the condition of the Property, and that Grantee agrees that Grantor shall not be responsible or liable to Grantee for any Claims
relating to any hazardous substances, pollutants, or contaminants currently located on the Property or any remediation that may be required under Applicable Law, or the environmental conditions of the Temporary Construction Easement Tract caused by a past, present, or future Release, except as otherwise provided for
herein. In the event Grantee or any other party discovers the presence of any Releases on the Temporary Construction Easement Tract during the Term of this Easement Agreement, Grantee agrees that Grantee shall be liable for completing such remediation or restoration in accordance with all Applicable Laws. If the Release
occurred prior to the date of this Easement Agreement, Grantee’s financial liability for the costs and expenses associated with such remediation or restoration work will be limited to the amount of $5,000.00 and Grantor will be responsible for all costs and expenses for remediation and restoration work above that amount. If a Release occurs during the Term of this Easement Agreement and was caused by any act or omission of the Grantee Parties, Grantee will perform such remediation or restoration at its sole cost and expense. 7. Indemnification. Grantee shall be liable for its own acts and hereby agrees to indemnify, hold harmless and defend Grantor, its officers, employees, and agents (collectively, the “Grantor Parties”) against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney’s fees which any of the Grantor Parties may hereafter sustain, incur or be required to pay, arising out of or by reason of: (i) any act or omission of any of the Grantee Parties under this Agreement, and (ii) any occurrence on the Temporary Construction Easement Tract related to public access or use of the trail, except any liability, loss, costs, damages, expenses, claims or actions, including attorney’s fees which arises out of or by reason of any act or omission of the Grantor.
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Grantor and Grantee understand and hereby agree that Grantee’s liability shall be limited by the provisions of Chapter 466 and/or any other applicable law. 8. Binding Effect. The terms and conditions of this Easement Agreement shall run with the land and shall be binding on the Grantor and the successors and assigns of Grantor. 9. Notices. Any notice, consent, waiver, request or other communication required or provided to be given under this Easement Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered personally or when mailed by certified or registered United States mail, return receipt requested, postage prepaid, or when dispatched by nationally recognized overnight delivery service, in any event, addressed to the Party’s address set forth above. Either party may change the address to which notice must be sent by giving the other party written notice thereof in the manner provided above.
10. Miscellaneous. This Easement Agreement, and the enforcement and interpretation thereof, shall in all respects be governed by the laws of the State of Minnesota. The terms and provisions of this Easement
Agreement shall not be modified or amended except by a written agreement signed by the Parties. Grantee may record this Easement Agreement with the office of the land title records for Hennepin County, Minnesota. The Grantee shall pay all recording costs to record this Easement Agreement and any other documents in
connection with this Easement Agreement. Grantee shall reimburse Grantor for its reasonable attorneys fees and costs incurred in connection with Grantor’s enforcement of any of Grantor’s rights or remedies under this Easement Agreement.
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IN WITNESS WHEREOF, said Grantor and Grantee have caused this instrument to be executed the day and year written below. GRANTOR: WPT Properties LP, a Delaware limited partnership By: _______________________________________ Name: ___________________________________ Its: ___________________________________ Dated this day of ______________, 2023
ACKNOWLEDGMENT
STATE OF ____________________,
COUNTY OF ____________________
The foregoing instrument was acknowledged before me this day of _________, 20___, by ______________, __________________ of ___________________________, on behalf of the limited partnership. Notary Public ____________________________ My Commission expires ____________________ [REST OF PAGE LEFT BLANK INTENTIONALLY; ADDITIONAL SIGNATURE FOLLOWS]
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[Signature Page to Temporary Construction Easement] GRANTEE: City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota By: _______________________________________ Name: Ronald A. Case, Mayor
By: _______________________________________
Name: Rick Getschow, City Manager
Dated this day of ______________, 2023
ACKNOWLEDGMENT
STATE OF MINNESOTA,
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 2023, by Ronald
A. Case and Rick Getschow, respectively the Mayor and City Manager of City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota.
Notary Public My Commission expires: ___________________________ This Instrument Was Drafted By/Return To: Fredrikson & Byron, P.A. (ANM) 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402
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CONSENT OF LENDER
The undersigned (“Lender”), as mortgagee, under that certain Mortgage, Security Agreement, Assignment of
Leases and Rents and Fixture Financing Statement (“Mortgage”) dated as of ____________________, 20___ executed and delivered by WPT Properties LP, a Delaware limited partnership, as Mortgagor, for the benefit of Lender filed for record on ________________, 20__ in the office of the Hennepin County Recorder Office, Minnesota as Document No. ____________________ concerning the real property located in Hennepin County, Minnesota legally therein (the “Property”), hereby acknowledges and consents to that certain Easement Agreement by and between Mortgagor and City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota dated as of April ___,
2023.
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE BENEFIT OF HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES TRUST 2018-WPT, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2018-WPT AND THE COMPANION LOAN HOLDERS, AS THEIR INTERESTS MAY APPEAR By: KeyBank National Association, its Attorney-in-Fact By:______________________________ Name:_____________________________ Its: _______________________________ STATE OF KANSAS ) ) ss. COUNTY OF JOHNSON ) This instrument was acknowledged before me on _______________________________, 2023, by ____________________________ (name), as _____________________________ (title) of KeyBank National Association, Attorney-in-Fact for Wells Fargo Bank, National Association, as Trustee, for the benefit of Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2018-WPT, Commercial Mortgage Pass-Through Certificates, Series 2018-WPT and the Companion Loan Holders,, on behalf of the corporation in its capacity as its Attorney-in-Fact. ______________________________________ Notary Public in and for Said County and State _____________________________________________________ (Type, print or stamp the Notary's name below his or her signature.) My Commission Expires: ________________________________ My Commission Expires: ________________________________ [SEAL]
Exhibit A
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT TRACT and PLANS FOR IMPROVEMENTS
Exhibit A
Exhibit A
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the “Easement Agreement”) is made effective as of the date the last of the Parties executes this Easement Agreement (the “Effective Date”) by and between WPT Properties LP, a Delaware limited partnership (the “Grantor”) whose address is: c/o Workspace Property Trust, 6625 West 78th Street, Suite 140, Bloomington, MN 55439,
Attention: Bradley D. Butler, Vice President Regional Director and c/o Workspace Property Trust,
700 Dresher Road, Suite 150, Horsham, PA 19044 Attention: Legal, and City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota (the “Grantee”) whose address is: 8080 Mitchell Road, Eden Prairie, MN 55344, Attention: City Engineer. The Grantor and Grantee sometimes each are referred to herein as a “Party” and sometimes both are
referred to herein as “Parties”.
RECITALS WHEREAS, Grantor is the owner in fee simple of the real property located in City of Eden
Prairie, Hennepin County, Minnesota and identified by Tax Property Identification Number 13-
116-22-21-0012 and which is legally described as: Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof.
(referred to herein as the “Property”). WHEREAS, Grantee seeks to construct and maintain a recreational trail on the Property (the “Project”) and Grantee desires to obtain (1) a non-exclusive easement over the trail, and (2)
non-exclusive easement for utility purposes across a portion of the Property. WHEREAS, by a separate Temporary Construction Easement, Grantor has granted to
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Grantee a temporary easement for the initial construction of the trail.
WHEREAS, Grantor is willing to grant to Grantee an easement for the Project according
to the terms and conditions contained herein.
AGREEMENT In consideration of the mutual covenants of the parties contained herein, the receipt and sufficiency of which the Parties hereby acknowledge and by which the Parties intend to be legally bound, the Parties hereby agree as follows:
1. Grant of Easement.
(a) Grantor hereby grants to Grantee a permanent, non-exclusive easement for pedestrian access purposes over and across a portion of the above-described Property (the “Trail Easement”) visually depicted on Exhibit A, attached hereto and incorporated herein, and legally
described as follows:
That part of Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows:
A strip of land 10.00 feet in width lying northerly of, and parallel with, the following described line: Beginning at the southwest corner of Lot 1, Block 1, GOLDEN STRIP EAST; thence South 89 degrees 00 minutes 33 seconds West 232.65 feet along the south line of Lot 1, Block 1, GOLDEN STRIP EAST 2ND
ADDITION (also being the northerly Right of Way line of Viking Drive) to the
southwest corner of said Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, and there terminating. And
The southerly 10.00 feet of the following described property:
All that part of Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying within the underlying Outlot C, GOLDEN STRIP EAST.
(referred to herein as the “Trail Easement Tract”). Notwithstanding any provision or depiction on Exhibit A to the contrary, the Parties agree that the Trail Easement does not include or provide Grantee with any easement rights over any
portion of the Property located beyond the physical boundaries of the Easement Tract, including
but not limited to, any curbs, curb cuts, parking lots, any existing improvements that are located on the Property and shown on Exhibit A, or any other future improvements that may be located on the Property beyond the physical boundaries of said tract.
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(b) Grantor hereby grants to Grantee a permanent, non-exclusive easement for purpose of installing and maintaining under-ground utilities that serve the Property and other properties
under the portion of the above-described Property (the “Utility Easement”) visually depicted on Exhibit A, attached hereto and incorporated herein, and legally described below: That part of Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota described as follows:
A strip of land 5.00 feet in width lying northerly of, and parallel with, the following
described line: Commencing at the southwest corner of Lot 1, Block 1, GOLDEN STRIP EAST; thence North 00 degrees 59 minutes 33 seconds West 10.00 feet along the westerly line of Lot 1, Block 1, GOLDEN STRIP EAST, also being the easterly line of Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, to the Point of Beginning; thence South 89
degrees 00 minutes 33 seconds West 163.07 feet, parallel with the South line of Lot 1, Block
1, GOLDEN STRIP EAST 2ND EDITION, and there terminating
And
The northerly 5.00 feet of the southerly 15.00 feet of the following described property:
All that part of Lot 1, Block 1, GOLDEN STRIP EAST 2ND ADDITION, according to the
recorded plat thereof, Hennepin County, Minnesota, lying within the underlying Outlot C,
GOLDEN STRIP EAST.
(referred to herein as the “Utility Tract”).
The Trail Easement Tract and Utility Tract are collectively referred to herein as the “Easement Tracts”. The Trail Easement and Utility Easement are collectively referred to herein as the
“Easements”.
2. Grantee’s Rights Within Easement Tract. A. Said Easements shall include the right of the Grantee, its contractors, employees, agents, and consultants (collectively, the “Grantee Parties”) to enter upon and
occupy said Easement Tracts for the following purposes:
i. Temporarily placing equipment and materials during the maintenance, repair, and replacement of the trail improvements, which shall include
but shall not be limited to the bituminous surface of the trail
(collectively, the “Easement Trail Improvements”) within the Easement Tracts;
ii. For pedestrian uses of the trail by the public as authorized by Grantee;
iii. For travel by the public in or on motorized vehicles that are accessibility
vehicles such as motorized wheelchairs, and emergency and
maintenance vehicles, or other motorized vehicles as authorized by Grantee, provided that such uses include the paved areas only; and
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iv. To remove, cut, and trim trees, shrubs, and vegetation as needed for replacing or maintaining the Easement Trail Improvements in good
condition and repair.
B. The Utility Easement Tract shall be for the purpose of maintaining and accessing the Utility Easement Tract for underground public and private utilities.
C. During the Term, Grantee shall not: (i) block access to or interfere with Grantor or Grantor’s agents, tenants, contractor or employees rights to access the Grantor’s parking or entry points on the Property, and (ii) disturb any monument signage or the retaining wall without Grantor’s prior written consent.
3. Grantee’s Obligation within Easement Tracts. A. Grantee warrants and agrees to perform the following in connection with Easement Tract:
a. Grantee shall, at its sole cost and expense, keep, maintain, repair and replace all Easement Trail Improvements and all other areas within the Easement Tracts at all times in a state of good repair and condition and in accordance with all requirements in this Easement Agreement, which shall include, but
not be limited to, keeping the surface of the Easement Trail Improvements
clean of all debris and garbage, free and clear of all snow (which shall include snow removal services), but which shall not include maintainence of grass and vegetation;
b. Grantee shall, at its sole cost and expense maintain, repair and replace: (1)
all topsoil and reestablish grass cover on exposed soil areas within the Easement Tracts after the Project has been completed and at all times thereafter where excavation and embankment construction has taken place, and where clay or other poor soil has been exposed; (2) any trees that have
been removed within the Easement Tracts with trees that are substantially the
same height, maturity and kind or a substitute approved by Grantor, the approval of which shall not be unreasonably withheld, conditioned, or delayed; and (3) any other landscaping, irrigation systems or monument signage within the Easement Tracts impacted by the Project to substantially
the same condition it was in prior to Grantee’s use of the Easement Tracts;
c. Grantee shall be responsible for all construction and maintenance costs related to the Easements and Project on the Property and agrees that Grantor shall have no obligation to pay any taxes, special assessments or other
charges or fees, related to (i) the construction of the Project, Easement Trail
Improvements, or the Utilities, or (ii) the maintenance, repairs, replacements, or any future expansion of Grantee’s improvements on the Property or any other maintenance, repairs, or replacement obligations of Grantee under this Easement Agreement. For an avoidance of doubt,
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Grantee hereby agrees that Grantor shall be exempt from any taxes, special assessments or other charges or fees related to the construction and ongoing
maintenance obligations of Grantee pursuant to this Easement Agreement,
but Grantor shall be responsible for real estate taxes applicable to the Easement Tracts; and d. Grantee shall, at its sole cost and expense, promptly repair and remove any
graffiti or similar vandalism that appears or is conducted within or on the
Easement Tracts. B. Prior to commencing any maintenance, repairs or replacements to the Easement Tracts, Grantee shall consult with Grantor to utilize contractors that are approved by Grantor in
connection with any such work as it relates to Grantor’s irrigation systems, landscaping or other
improvements on the Property. Grantee agrees that prior to commencing any maintenance, repairs or replacements on the Project, Grantee shall give Grantor at least thirty (30) days prior written notice and provide a second written notice not less than three (3) business days prior to commencing any work to allow Grantor to alert its tenants, agents and employees of such
maintenance, repairs or replacements.
C. If Grantee fails to perform any of the obligations related to the Easement Tracts or cause damage to the Easement Tracts or Property in connection with performing its obligations as set forth in this Easement Agreement, Grantor may (i) seek injunctive relief or damages from the
Grantee for such failure and/or damages, or (ii) within thirty (30) days after Grantor sends written
notice to Grantee for such failure, Grantor may, at its option, enter into the Easement Tracts and perform such necessary repairs and/or and maintenance to the Easement Tracts and Easement Trail Improvements as set forth in this Easement Agreement. Grantee agrees to reimburse Grantor for the reasonable costs it incurs, within thirty (30) days after receipt of Grantor’s invoice.
Notwithstanding anything contained herein to contrary, Grantor shall have no obligation to repair,
replace or maintain the Easement Trail Improvements or Easement Tracts pursuant to the terms of this Easement Agreement. D. All of the Grantee’s maintenance, repair and replacement obligations hereunder
shall be continuing in nature and shall apply to both the initial construction and all subsequent
repairs, maintenance and replacement obligations thereafter. Upon the completion of any improvements on the Property, including the installation of any utilities, Grantee covenants to within thirty (30) days after completion provide to Grantor as-built plans for all such improvements.
4. Grantee’s Liability. Grantee shall not cause or permit the Property or the Easement Tracts
to become contaminated by the release or threat of the release of any hazardous substances, pollutants, or contaminants (collectively, the “Releases”) being brought upon, kept or used in or about the Easement Tracts by the Grantee Parties during the duration of this Easement Agreement. If the presence of any hazardous substances, pollutants, or contaminants are caused or permitted
by any of Grantee Parties to be brought upon the Easement Tracts which results in contamination
of the Easement Tracts or Property, or if contamination of the Easement Tracts otherwise occurs resulting from the acts or omissions of Grantee Parties, then Grantee will be liable to Grantor for damage resulting therefrom, and shall be liable for completing any remediation and restoration
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required to be completed to the Easement Tracts and/or Property under all applicable municipal, county, state and federal laws now in effect or hereafter adopted, passed, or promulgated
(collectively, the “Applicable Laws”) and all costs and expenses related to such remediation or
restoration. Grantee further agrees to indemnify, defend and hold Grantor harmless from any environmental damages, caused, disturbed or aggravated by the Grantee Parties in connection with the Easement Tracts or the Property, excepting any liability and claims, which arise and are directly attributable to an act of the Grantor.
Except as set forth above, Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and attorneys’ fees, costs, disbursements, or losses resulting from any claims, actions, suits or proceedings (the “Claims”) relating to any hazardous substances, pollutants, or contaminants that may exist on the Property or the Easement
Tracts prior to the date of this Easement Agreement.
Grantee acknowledges that Grantor makes no representations or warranties as to the condition of the Property, and that Grantee agrees that Grantor shall not be responsible or liable to Grantee for any Claims relating to any hazardous substances, pollutants, or contaminants currently
located on the Property or any remediation that may be required under Applicable Law, or the
environmental conditions of the Easement Tracts caused by a past, present, or future Release except at otherwise provided herein. In the event, Grantee or any other party locates the presence of any Releases on the Easement Tracts during the duration of this Easement Agreement, Grantee agrees that Grantee shall be liable for completing such remediation or restoration in accordance
with all Applicable Laws. If the Release occurred prior to the date of this Easement Agreement,
Grantee’s financial liability for the costs and expenses associated with such remediation or restoration work will be limited to the amount of $5,000.00 and Grantor will be responsible for all costs and expenses for remediation and restoration work above that amount. If a Release occurs during the Term of this Easement Agreement and was caused by any act or omission of the Grantee
Parties, Grantee will perform such remediation or restoration at its sole cost and expense. 5. Grantor’s Rights and Obligations within Easement Tract. A. Grantor’s duties of care of the Trail Easement Tract and duties to give
warnings to persons who use the Trail Easement Tract shall be governed by Minnesota
Statute §§ 604A.20 to 604.A.27 (Public Benefit of Function Activities), and other applicable law, as amended from time to time. B. Grantor reserves the right to use all portions of the Easement Tracts for any
purpose not inconsistent with or adverse to the rights hereby conveyed to Grantee.
6. Warranties. Grantor makes no representations or warranties as to the condition of the Property, including the Easement Tracts, and Grantee agrees to accept and use the Property, including the Easement Tract, in its current AS-IS condition.
Grantee represents and warrants that the recreational easement trail being constructed on the property adjacent to the Property will be completed on or before June 30, 2024.
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7. Termination.
A. If Grantee ceases construction, repairs or maintenance of the Project or Easement Tracts for
more than thirty (30) consecutive days, then Grantee agrees that Grantor shall be free to use the Easement Tract for any purpose until construction re-commences, provided that Grantor’s use does not interfere with the Project in any manner. Grantee agrees that if Grantee is not Diligently Pursuing Construction and Completion of the Project (as defined in the Temporary Construction Easement
Agreement dated on even date herewith), Grantee will secure the Easement Tracts and remove all of
its equipment, materials, debris and any other personal property, all of which is not permanently affixed to the Easement Tracts. B. If Grantee fails to complete construction of the Project by October 31, 2024, or
Grantee fails to recommence construction within fifteen (15) days after receipt of written notice from
Grantor notifying Grantee of Grantee’s failure to Diligently Pursue Construction and Completion of the Project (the “Grantee’s Notice Period”) pursuant to the terms of the Temporary Construction Easement dated of even date herewith by and between Grantor and Grantee, and said delay or cessation of construction was not caused by the occurrence of an event or unforeseen casualty that
materially interfered with Grantee’s ability to Diligently Pursue Construction of the Project as
defined in said Temporary Construction Easement, and the event such as a fire, explosion, earthquake, flood, war, act of terrorism, or act of God could not have been reasonably avoided by Grantee, then Grantee agrees that after the expiration of the Grantee’s Notice Period, (i) Grantee shall be responsible for restoring the Property, at its sole cost and expense, to substantially the same
condition it was in on the Effective Date of this Easement Agreement, including replacement of any
impacted landscaping, (ii) Grantor shall be free to use the Easement Tract for any purposes which do not interfere with said restoration, and (iii) either party may record a termination of this Easement Agreement with the Hennepin County Land Records Department.
C. If Grantee fails to commence restoration, maintenance, or repair of the Easement
Tracts as set forth herein, then within thirty (30) days after receipt of written notice from Grantor, Grantor may (i) seek injunctive relief or damages from the Grantee for such failure and/or damages, or (ii) may restore the surface of the Easement Tracts to the condition it was in on the Effective Date of this Easement Agreement. Grantee agrees to reimburse Grantor for the reasonable costs of labor
and material it incurs in connection with restoring the Property, within thirty (30) days after receipt
of Grantor’s invoice. Notwithstanding anything contained herein to contrary, Grantor shall have no obligation to restore the Easement Trail Improvements or Easement Tracts. 8. Appurtenant Easement. The Easements herein shall be appurtenant and shall run with
the land.
9. Indemnification. Grantee shall be liable for its own acts and hereby agrees to indemnify, hold harmless and defend Grantor Parties against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney’s fees which any of the Grantor Parties may
hereafter sustain, incur or be required to pay, arising out of or by reason of: (i) any act or omission
of any of the Grantee Parties under this Easement Agreement, and (ii) any occurrence on the Easement Tracts related to public access or use of the trail, except any and all liability, loss, costs, damages, expenses, claims or actions, including attorney’s fees which arise out of or by reason of
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any act or omission of the Grantor.
Grantor and Grantee understand and hereby agree that Grantee’s liability shall be limited
by the provisions of Chapter 466 and/or any other applicable law. 10. Notices. Any notice, consent, waiver, request or other communication required or provided to be given under this Easement Agreement shall be in writing and shall be sufficiently
given and shall be deemed given when delivered personally or when mailed by certified or
registered United States mail, return receipt requested, postage prepaid, or when dispatched by nationally recognized overnight delivery service, in any event, addressed to the Party’s address. Either party may change the address to which notice must be sent by giving the other party written notice thereof in the manner provided above.
11. Miscellaneous. This Easement Agreement, and the enforcement and interpretation thereof, shall in all respects be governed by the laws of the State of Minnesota. The terms and provisions of this Easement Agreement shall not be modified or amended except by a written agreement signed by the Parties. Grantee may record this Easement Agreement with the Land
Records Department for Hennepin County, Minnesota. The Grantee shall pay all recording costs
to record this Easement Agreement and any other documents in connection with this Easement Agreement. Grantee shall reimburse Grantor for its reasonable attorneys fees and costs incurred in connection with Grantor’s enforcement of any of Grantor’s rights or remedies under this Easement Agreement.
[REST OF PAGE LEFT BLANK INTENTIONALLY]
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IN WITNESS WHEREOF, said Grantor and Grantee have caused this instrument to be executed the day and year written below.
GRANTOR: WPT Properties LP, a Delaware limited partnership
By: _______________________________________
Name: ___________________________________
Its: ___________________________________ Dated this day of ______________, 2023
ACKNOWLEDGMENT
STATE OF ____________________,
COUNTY OF ____________________
The foregoing instrument was acknowledged before me this day of _________, 20___, by ______________, __________________ of WPT Properties LP, a Delaware limited partnership,
on behalf of the limited partnership.
Notary Public ____________________________ My Commission expires ____________________
[REST OF PAGE LEFT BLANK INTENTIONALLY; ADDITIONAL SIGNATURE FOLLOWS]
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[Signature Page to Easement Agreement]
GRANTEE: City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota
By: _______________________________________ Name: Ronald A. Case, Mayor
By: _______________________________________ Name: Rick Getschow, City Manager
ACKNOWLEDGMENT
STATE OF MINNESOTA,
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of , 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota.
Notary Public My Commission expires: ___________________________
This Instrument Was Drafted By/Return To:
Fredrikson & Byron, P.A. (ANM) 200 South Sixth Street, Suite 4000 Minneapolis, MN 55402
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CONSENT OF LENDER
The undersigned (“Lender”), as mortgagee, under that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement (“Mortgage”) dated as of ____________________, 20___ executed and delivered by WPT Properties LP, a Delaware limited partnership, as Mortgagor, for the benefit of Lender filed for record on ________________, 20__ in the office of the Hennepin County Recorder Office, Minnesota as Document No. ____________________ concerning the real property located in Hennepin County, Minnesota legally therein (the “Property”), hereby acknowledges and consents to that certain Easement Agreement by and between Mortgagor and City of Eden Prairie, Minnesota, a municipal corporation under the laws of the State of Minnesota dated as of April __, 2023 concerning said Property.
WELLS FARGO BANK, NATIONAL ASSOCIATION, AS
TRUSTEE, FOR THE BENEFIT OF HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES TRUST 2018-WPT, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2018-WPT AND THE COMPANION
LOAN HOLDERS, AS THEIR INTERESTS MAY APPEAR
By: KeyBank National Association, its Attorney-in-Fact By:______________________________ Name:_____________________________ Its: _______________________________
STATE OF KANSAS ) ) ss. COUNTY OF JOHNSON ) This instrument was acknowledged before me on _______________________________, 2023, by
____________________________ (name), as _____________________________ (title) of KeyBank National Association, Attorney-in-Fact for Wells Fargo Bank, National Association, as Trustee, for the benefit of Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2018-WPT, Commercial Mortgage Pass-Through Certificates, Series 2018-WPT and the Companion Loan Holders,, on behalf of the corporation in its capacity as its Attorney-in-Fact.
______________________________________ Notary Public in and for Said County and State _____________________________________________________ (Type, print or stamp the Notary's name below his or her signature.)
My Commission Expires: ________________________________
Exhibit A
EXHIBIT A
DEPICTION OF UTILITY EASEMENT AND TRAIL EASEMENT
Exhibit A
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager
ITEM DESCRIPTION:
Accept Proposals and Approve Agreement with Cedar Ridge Landscaping, Inc. for the Town Center Plaza Landscaping
ITEM NO.:
VIII.H.
Requested Action Move to: Accept the proposals and approve the Agreement for Contracted Services with Cedar Ridge Landscaping, Inc. for the installation of landscaping in the Town Center Plaza landscape beds at a cost not to exceed of $109,916.00.
Synopsis
City staff worked with the Project Office to include upgrades to the LRT Green Line around the Town Center Station. As part of these upgrades, planter boxes were installed along Town Center Plaza. These planter boxes were installed during construction of the light rail and staff is now
proposing to have a contractor install plant material and landscape rock to those between Eden
Road and Flying Cloud Drive. City staff worked with local landscaping contractors and received proposals from two companies. The low quote was from Cedar Ridge Landscaping, Inc. City staff have worked with
this contractor on previous projects and are comfortable recommending approval. Funding for
the planting will come from the Economic Development Fund. Attachment
Agreement for Contracted Services with Cedar Ridge Landscaping Inc.
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 15th day of August, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Cedar Ridge Landscaping Inc., a Minnesota Company (hereinafter "Contractor") whose business address is 1500 McAndrews Road W, Ste 230, Burnsville, MN
55337.
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
Agreement is to set forth the terms and conditions for the provision of services by Contractor for the Town Center Plaza Landscaping Project hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any
manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of August 15, 2023. The Work shall be completed by October 31, 2023
3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor’s personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation.
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $109,916.00 as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The
Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
8. 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
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
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 Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. 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, or required by law.
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 Agreement for Contract Services 2017 06 01.01 Page 4 of 10
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 the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
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 Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance
of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages 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 Agreement for Contract Services 2017 06 01.01 Page 5 of 10
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.
10. 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 Agreement 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 Agreement. 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.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10
year, or within such longer period as may be prescribed by law or in the terms of the Agreement, 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 Agreement, 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. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective.
13. 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 deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, 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.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the 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 Agreement and entitle the City to immediately terminate this Agreement.
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the 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.
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such
change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or
prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by Contractor in
performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
CONTRACTOR
By: ________________________________ Its: _______________________________
1500 McAndrews Road W, Ste 230
Burnsville, MN 55337
Phone: (952) 454-2161 Office Phone: (651) 706-1560
Prepared by: Nate Borchardt, Owner/Operator
Date:
Estimate Prepared For:Quote #:
Invoice #:
Project Name:Valid for 30 days until:
Addendums:
Item No.Qty Price Amount
LUMP SUM 1 $4,800.00 4,800.00$
#1 Cont.3707 $21.40 79,329.80$
#5 26 $68.70 1,786.20$
CU YDS 200 $120.00 24,000.00$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
We propose to furnish materials and labor, complete in the above specifications, for the sum of:109,916.00$
Proposal does not include:
1. Bonding 2. Any and all excavaction by others
3. All soils not listed by others 4. Site furnishings (benches, raised planters, receptacles)
5. Any and all fencing
6. ANY AND ALL PERMIT COSTS ARE BY OTHERS. NO PERMIT COSTS WILL BE CHARGED TO CEDAR RIDGE LANDSCAPING
The following will be our billing, and change order rates for this project:
Landscape Superintendent: per hour 125.00 Irrigation Tech: per hour 125.00
Landscape Labor: per hour 110.00 Irrigation Labor: per hour 110.00
Equipment: per hour 200.00 Highway Heavy Labor (retaining wall): per hour 135.00
This estimate includes 1 mobilization fee, additional mobilizations will be billed at $1,500.00 each
This proposal will become part of the subcontractor agreement.
GRAND TOTAL
LANDSCAPING JOB ESTIMATE
7/13/2023
#20970
Town Center Plaza
City of Eden Prairie Attn: Matt Bourne
Rock Mulch with fabric
Shrubs
Item Description
Grasses/ Perennials
Mobilization
AN EQUAL OPPORTUNITY EMPLOYER, MNDOT Certified
THANK YOU for your consideration and the opportunity to propose on this project!
SWIFT Vendor ID: #0000366530
MN Department of Labor & Industry Contractor Registration: #IR707374
Minnesota Department of Revenue: #9461521
Cedar Ridge Landscaping, Inc. is an SBE Company
NAICS: #561730 Landscaping Services & #237990 Highway Heavy (retaining wall and anchored construction)
If you have questions regarding this estimate, please contact us immediately.
DUNS: #174753157 Textura: #14243 AZ ROC: 341945
Exhibit A
Catmint
Carl Foerster Grass
Walker's Low Catmint
Apricot Sparkles Daylily
Daylily
Muskingum Gray Dogwood
Ruby Stella Daylily
Sensation Sky Blue Meadow Salvia
Raised Beds
Carl Foerster Grass Catmint
Daylily
At-Grade Beds
Dogwood Daylily
Salvia
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Jay Lotthammer, Parks and Recreation Director
ITEM DESCRIPTION:
Staring Lake Public Fishing Pier Land Use, Operations, and Maintenance Cooperative Agreement Between The State of Minnesota and The City of Eden Prairie.
ITEM NO.:
VIII.I.
Requested Action
Move to: Adopt Resolution authorizing Parks & Recreation Director to execute an agreement with the State of Minnesota Department of Natural Resources for a new DNR supplied public fishing pier to replace the old pier at Eden Prairie’s Outdoor Center. Synopsis The Minnesota DNR is seeking to replace the aging fishing pier located at Eden Prairie’s Outdoor Center. Upon inspection of DNR cooperative piers within the metro area it was found
that this pier is in the worst condition seen and was prioritized for replacement. Funding for the new fishing pier is being provided by the State of Minnesota, covering 100% of the cost to construct and deliver the fishing pier. Installation and ongoing maintenance of the new pier will be the responsibility of the City of Eden Prairie. Removal and disposal of the old fishing pier will be the responsibility of the City of Eden Prairie. To proceed with this agreement the City must
provide Council Meeting Minutes showing the project was discussed and agreed upon to move forward with. This will be utilized for attachment Exhibit B. It is important that this document is NOT SIGNED during the council meeting. The agreement will become effective September 1st, 2023, or once the State obtains all required signatures under Minnesota Statutes Section 16C.05, Subdivision 2, whichever is later. The agreement will expire on December 31st, 2043 (20 years).
Background
The purpose of this agreement is to procure a new fishing pier that would replace the old pier at
Eden Prairie’s Outdoor Center. These piers provide equitable access to our city’s residences and nearby communities to fish, enjoy the spaces provided by our natural resources, and to develop a greater connection to the outdoors. The criteria considered in selecting this pier for replacement included the pier’s age, history of rehabilitation, current condition, and ADA accessibility. The
existing fishing pier was installed in 1988 and had some rehabilitation work done in 2009 but has
now reached the end of its useful life. Attachment
Resolution
Cooperative Agreement
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____
A RESOLUTION FOR THE REPLACEMENT AND MAINTENANCE OF THE STARING LAKE PUBLIC FISHING PIER. WHEREAS, the City of Eden Prairie, Minnesota (the “City”) and the State of Minnesota Department of Natural Resources (the “DNR”), desire to replace the aging public fishing pier located on Staring Lake at the City Outdoor Center (the “Pier”); and,
WHEREAS, the DNR has prioritized replacing the Pier due to age, current condition, history of rehabilitation, and ADA accessibility; and, WHEREAS, the cost to construct and deliver the Pier will be covered 100% by the
DNR; and,
WHEREAS, the cost of installation and ongoing maintenance of the Pier and the cost of removal and disposal of the existing pier will be covered 100% by the City; and,
WHEREAS, this matter was considered at the City Council meeting on August 15, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that after due consideration, the Mayor and City Council hereby authorize Jay
Lotthammer, Parks and Recreation Director, to sign and enter into a Land Use, Operations and
Maintenance Cooperative Agreement with the Minnesota Department of Natural Resources for reconstruction and maintenance of the Staring Lake Public Fishing Pier located at the Eden Prairie Outdoor Center.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
____________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
[Title] 1
STARING LAKE PUBLIC FISHING PIER
LAND USE, OPERATIONS AND MAINTEANCE COOPERATIVE AGREEMENT
BETWEEN
THE STATE OF MINNESOTA AND THE CITY OF EDEN PRAIRIE
This agreement, between the State of Minnesota, acting by and through the Commissioner of the Department
of Natural Resources, hereinafter referred to as the “State”, and City of Eden Prairie, hereinafter referred to as
the “City.”
WITNESSETH:
WHEREAS, the Commissioner of Natural Resources has the authority, duty, and responsibility under Minnesota
Statutes Section 97A.141 to provide public water access on lakes and rivers, where access is inadequate; and
WHEREAS, the State and the City are authorized under Minnesota Statutes Section 471.59, to enter into
agreements to jointly or cooperatively exercise common power; and
WHEREAS, the State and the City have determined that a fishing pier site on Staring Lake is of high priority under
the state public water access program; and
WHEREAS, the City owns land described as Sec. 22 T 116, R 22, That part of Govt Lot 3 Lying W of the N and S
CTR Line of the SEC , which is attached and incorporated into this agreement as Exhibit A; and
WHEREAS, the State and the City desire to cooperate in the installation and maintenance of the Fishing Pier on
Staring Lake; and
WHEREAS, a resolution or copy of the City meeting minutes authorizing the City to enter into this agreement is
attached and incorporated into this agreement as Exhibit B; and
NOW, THEREFORE, in consideration of the mutual benefit to be derived by the public bodies hereto and for the
benefit of the public, the parties agree as follows:
I. STATE’S DUTIES AND RESPONSIBILITIES
a. The State will encumber funds for the facility through the standard internal purchasing process
including, but not limited to, a separate requisition request.
b. Installation of the Fishing Pier structure itself shall be the responsibility of the City; however, the State
shall provide personnel and equipment when feasible to assist with the installation.
c. The State will review and approve any signs before they are placed at the facility by the City
d. The State shall retain ownership of the Fishing Pier through the expiration date of the agreement and
retains the authority to relocate and/or remove the Fishing Pier if the site (Exhibit A) is determined to be
inadequate or if the City fails to comply with the terms of the agreement. Before such removal or
relocation, the State shall consult with the City.
e. The State shall assist the City with major structural repairs, which include float replacement, frame
[Title] 2
repair and replacement of individual 20’ sections if required.
f. The State reserves the right to inspect the premises at all times to ensure that the City complies with the
terms of this Agreement.
II. CITY’S DUTIES AND RESPONSIBILITIES
a. The City shall comply with all local, state and federal laws, regulations, rules and ordinances which may
apply to the management, operation, and maintenance of said premises. The City shall obtain any
permit or license which may be required for the Fishing Pier.
b. The City will ensure access to the fishing pier complies with the Americans with Disability Act (ADA) of
1990 (42 U.S.C. 12101 et seq.) and all applicable regulations and guidelines. Any work needed to the site
to meet these regulations needs to occur within one year of the effective date of this agreement.
c. The Fishing Pier may only be used for fishing, observation, and other compatible uses.
d. The Fishing Pier and related facilities shall be free and remain open every day during open water season
in conjunction with the City’s established operational months and hours for a facility of this type at the
city park. The City may close the Fishing Pier for emergencies, or for other reasons, without prior
written consent of the State. The City shall notify the State within 72 hours of the closing of the Fishing
Pier for emergency reasons or if the facility will remain closed longer than 72 hours.
e. Free and adequate parking in the vicinity will be provided for the Fishing Pier including at least one (1)
designated accessible space for persons with disabilities.
f. The City shall provide police protection and patrols for the Fishing Pier in accordance with the City’s
established police department policies for a facility of this type.
g. The City shall install appropriate signage for the site as approved by the State.
h. The City shall maintain the facilities and keep them in good and sanitary order in accordance with the
City's established practices for maintenance of City park facilities. Additionally, the City shall provide all
necessary routine maintenance and minor repairs including, but not limited to, the repair or
replacement of decking and railings. The State shall assist the City with major structural repairs subject
to the availability of funding according to the provisions of Article II.
i. If necessary, the City shall take action no earlier than October 15th of each year to protect the Fishing
Pier from damage caused by ice action. Additionally, if necessary, the City shall return the Fishing Pier to
its original location, Exhibit A, no later than May 1st of each year.
j. The City shall prevent invasive species from entering into or spreading within the facilities by cleaning
equipment prior to arriving at the facilities.
i. If the equipment, vehicles, gear, or clothing arrives at the facilities with soil, aggregate material,
mulch, vegetation (including seeds) or animals, it shall be cleaned using City furnished tools or
equipment (brush/broom, compressed air or pressure washer). The City shall properly dispose
of material cleaned from equipment and clothing. If the material cannot be disposed of onsite, it
will be secured prior to transport and legally disposed of offsite.
ii. The City shall ensure that all equipment and clothing used for work in public waters has been
adequately decontaminated for aquatic invasive species. All equipment and clothing including
but not limited to waders, vehicles and boats that are exposed to any public water of the state
must be thoroughly cleaned and drained of all water before transport to another location.
iii. The City and subcontractors must follow Minnesota DNR’s Operational Order 113, which
requires preventing or limiting the introduction, establishment and spread of invasive species
[Title] 3
during activities on public waters and on all lands under this grant agreement. Operational
Order 113 is incorporated into this contract by reference
http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf.
k. Work performed should, to the maximum extent possible, be conducted in a manner that adheres to
Minnesota Occupational Safety and Health Standards, the Minnesota Department of Health and CDC
Guidelines, and State executive orders.
III. FUNDING
The State shall provide funding for its responsibilities under Article I and Article II (a), (b) and (d) through
the standard internal purchasing process including, but not limited to a separate requisition in which
funds will be encumbered. The total cost of the Fishing Pier structure shall be borne by the State. The
cost of the required shoreline footing, accessible sidewalk/pathway and parking area shall be borne by
the City as provided in Article I. The total obligation of the State for its responsibilities under Article I
shall be limited to the amount of funds legislatively appropriated and administratively allocated to this
project. No additional funding will be provided, unless agreed upon by all parties and an amendment to
this Agreement is completed and executed.
IV. TERM
a. Effective Date: September 1, 2023 or the State obtains all required signatures under Minnesota
Statutes Section 16C.05, Subdivision 2, whichever is later. The County shall not begin work under
this Agreement until it is fully executed and the County has been notified by the State’s
authorized representative to begin the work.
b. Expiration Date: December 31, 2043 for a period of twenty (20) years except as otherwise
provided herein or agreed to in writing by both parties. The agreement can be extended with a
written amendment as agreed upon and signed by both parties per article XI.
V. LIABILITY
Each party agrees that it will be responsible for its own acts and the results thereof to the extent
authorized by law and shall not be responsible for the acts of the other party and the results thereof.
The State’s liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes Section 3.736, and other applicable law. The County’s liability shall be governed by Minnesota
Statutes Sections 466.01 - 466.15, and other applicable law.
VI. AUDIT
Under Minnesota Statutes Section 16C.05, sub. 5, the books, records, documents and accounting
procedures and practices of the County relevant to the agreement shall be subject to examination by
the Commissioner of Natural Resources, the Legislative Auditor and the State Auditor for a minimum of
six (6) years from the end of this agreement.
VII. ANTITRUST
The City hereby assigns to the State any and all claims for overcharges as to goods and/or services
provided in connection with this Agreement resulting from antitrust violations that arose under the
antitrust laws of the United States and the antitrust laws of the State of Minnesota
[Title] 4
VIII. FORCE MAJEURE
Neither party shall be responsible to the other or considered in default of its obligations within this
Agreement to the extent that performance of any such obligations is prevented or delayed by acts of
God, war, riot, disruption of government, or other catastrophes beyond the reasonable control of the
party unless the act or occurrence could have been reasonably foreseen and reasonable action could
have been taken to prevent the delay or failure to perform. A party relying on this provision to excuse
performance must provide the other party prompt written notice of inability to perform and take all
necessary steps to bring about performance as soon as practicable.
IX. CANCELLATION
This Agreement may be cancelled by the State at any time with cause or as necessary as provided in
Article II, upon thirty (30) days written notice to the City.
This Agreement may also be cancelled by the State if it does not obtain funding from the Minnesota
Legislature, or other funding sources, or if funding cannot be continued at a level sufficient to allow for
the payment of services covered under this agreement. The State will notify the City by written or fax
notice. The State will not be obligated to pay for services provided after the notice is given and the
effective date of cancellation. However, the City shall be entitled to payment, determined on a pro-
rated basis, for services satisfactorily performed to the extent that funds are available. The State will
not be assessed any penalty if the agreement is cancelled because of a decision of the Minnesota
Legislature, or other funding source, not to appropriate the necessary funds. The State shall provide the
City notice of lack of funding within a reasonable time of the State’s receiving that notice.
X. GOVERNMENT DATA PRACTICES
The City and the State must comply with the Minnesota Data Practices Act, Minn. Stat. Ch. 13, as it
applies to all data provided by the State under this agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the County under this agreement. The
civil remedies of Minn. Stat. 13.08 apply to the release of the data referred to in this clause by either the
City or the State.
XI. PUBLICITY AND ENDORSEMENT
Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring
agency and must not be released without prior written approval from the State’s Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets,
press releases, research, reports, signs, and similar public notices prepared by or for the city individually
or jointly with others, or any subcontractors, with respect to the program and services provided from
this agreement.
XII. COMPLETE AGREEMENT
This Agreement, and amendments, constitutes the entire agreement between the parties. Any
amendment to this agreement 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 agreement, or their successors in
office.
[Title] 5
XII. AUTHORIZED REPRESENTATIVES
Any notice, demand, or communication under this Agreement by either party to the other shall be
deemed to be sufficiently given or delivered if it is dispatched by registered or certified mail, postage
prepaid, or by email to:
The State’s Authorized Representative is Rachel Henzen, Parks and Trails Division Area (3B) Supervisor,
Minnesota Department of Natural Resources, 1200 Warner Road, St. Paul MN 55106,
Rachel.Henzen@state.mn.us, or her successor.
The City’s Authorized Representative is Name, Position, Address, Email or his/her successor.
The City or the State shall provide notice to the other party as soon as practicable upon a change to its
authorized representative.
[The Balance OF This Page is Left Intentionally Blank]
[Title] 6
IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed intending to be bound
thereby.
DEPARTMENT OF NATURAL RESOURCES CITY OF EDEN PRAIRIE
By: __________________________________________ By: ______________________________________
Title: _________________________________________ Title: _____________________________________
Date: ________________________________________ Date: ____________________________________
DEPARTMENT OF ADMINISTRATION CITY OF EDEN PRAIRIE
Delegated to Materials Management Division
By: __________________________________________ By: ______________________________________
Title: _________________________________________ Title: _____________________________________
Date: ________________________________________ Date: ____________________________________
(Effective Date)
STATE ENCUMBERANCE VERIFICATION
Individual certifies that funds have been
encumbered as req. by Minn. Stat. 16A.15 and
16C.05.
Signed: _______________________________________
Date: ________________________________________
Contract: _____________________________________
[Title] 7
Exhibit A
Staring Lake
Fishing Pier Location
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
8/15/2023
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award contract for Pioneer Park Hardcourt Rehabilitation Project to DMJ Asphalt Inc.
ITEM NO.:
VIII.J.
Motion
Move to: Award contract for the rehabilitation of the Hardcourt Facility at Pioneer Park at 8940 Sutton Dr to DMJ Asphalt Inc. in the amount of $111,451.00. Synopsis
The scope of this project is to remove the Titan Trax Shield surfacing that was installed in 2018, replace failing bituminous, resurface the courts using industry standard court surfacing system, install new tennis & pickleball nets, install new adjustable basketball hoops, replace the existing fencing fabric & rails, and replace the aging fence gates. The existing bituminous has depressions that no longer allow the Titan Trax surfacing to maintain consistent contact with bituminous
underneath creating large dead spots in the play area that negatively affect gameplay. The Titan Trax surfacing also presents a safety hazard to pickleball and tennis players due long ridges or folds that are raised up to 1” from the surfaced due to expansion and contraction of the bituminous it lays upon. Background The hardcourt facility located at Pioneer Park was first constructed in 1993. Since that time the courts have been resurfaced two times. The most recent maintenance work that was done it 2018 included the installation of a new surfacing system, Titan Trax Shield, designed to extend the life
of the facility. This product was installed over the surface that had opened significant structural cracking. While this surfacing system extended the life of these courts by 5 years it has now reached its useful lifespan. The base mat that covers the entire surface has been negatively affected by Minnesota’s annual freeze thaw cycles. The expansion and contraction of the courts as it warms and cools though the Seasons has stretched the surface leaving folds and ridges
throughout the playing surface. Through most of the year the courts have been rendered unusable due to the hazard these folds and ridges present to players. The funding for this rehabilitation project comes from the Hardcourt Maintenance Budget within
the Capital Improvement Plan.
Bid Summary and Recommendation The summary of the bids submitted is as follows:
2023 Pioneer Park Hard Court Rehab
DMJ Asphalt Inc. $111,451.00
Minnesota Roadways Co. $155,569.00
Bituminous Roadways Inc. $158,283.00
Attachment
Form of Contract
2017 06 01
This Agreement (“Agreement”) is made on the 15th day of August, 2023, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and DMJ Asphalt Inc., a Minnesota Company (hereinafter "Contractor") whose business address is 2392 Pioneer Trail Medina, MN 55340.
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 Agreement is to set
forth the terms and conditions for the provision of services by Contractor for the Rehabilitation of
Pioneer Park’s Hardcourt Facility hereinafter referred to as the "Work". The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of August 15th, 2023. The Work shall be completed by May 31st, 2024. 3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the
building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services.
d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary
image or attitude, in the judgment of the owner, to present a first class operation.
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $111,451.00, as full and complete payment for the labor, materials and services rendered pursuant to this
Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled
to payment for its reasonable additional charges, if any, due to the delay.
6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid
in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project
Manager shall be assisted by other staff members as necessary to facilitate the completion of
the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. 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
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
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 Agreement. Contractor shall be responsible for costs, delays or
damages arising from unreasonable delays in the performance of its duties. 9. 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, or required by law.
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 Agreement for Contract Services 2017 06 01.01 Page 4 of 10
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 the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. 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 Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages 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 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10
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.
10. 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 Agreement 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
Agreement. 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.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement 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
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10
Agreement, 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 Agreement, 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.
12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The
party (“notifying party”) who desires to terminate this Agreement for breach or non-
performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-
performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right,
within a reasonable time after such termination to remove from City’s premises any
and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this
Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10
proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate this
Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. 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 deem
necessary and appropriate for the performance of its obligations pursuant to this Agreement, 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.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable
actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance
with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer
period of time is provided by agreement of the parties. Cost of mediation shall be shared
equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the 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
Agreement and entitle the City to immediately terminate this Agreement.
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions
of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the 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.
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
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Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________
Mayor
___________________________________ City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 15, 2023
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
Liquor Stores LED Lighting
ITEM NO.
VIII.K.
Requested Action
Move to: Award Contract to Prairie Electric for installation of LED light fixtures at the three Liquor
Stores for $121,404 Synopsis Bid were received, verified, and summarized below. Each store will receive from Xcel Energy a rebate
once install is complete. The total rebate for the three stores combined will be $21,662, making the total net cost $99,742.
Gunner Electric Prairie Electric
Liquor 1 $61,315 $41,574
Liquor 2 $60,765 $37,765 Liquor 3 $66,545 $42,065
Total $188,625 $121,404
Background As part of Eden Prairie’s sustainability initiative Facilities staff worked to provide a solution for
upgrading the lighting to LED’s at all three Liquor stores. Providing a decrease in electrical usage the
return on investment is estimated at 9 years. This install will be all new fixtures at each store. Facilities
staff worked with Liquor staff to provide the layout and lighting output desired. The install includes
motion sense light activation and dimming capabilities to further increase the savings possibility.
Funding for this project comes from the Liquor building fund.
Attachments Standard Agreement for Contract Services with Prairie Electric
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Adam Gadbois Public Works / Engineering
ITEM DESCRIPTION: #24803
Approve Professional Services Agreement with SRF Consulting Group for the Prairie Center Drive Pavement Rehabilitation Project
ITEM NO.:
VIII.L.
Requested Action
Move to: Approve Professional Services Agreement with SRF Consulting Group for the Prairie Center Drive Pavement Rehabilitation Project in the amount of $104,003. Synopsis
This Professional Services Agreement will provide design services for pavement rehabilitation of Prairie Center Drive from MnDOT Bridge No. 27148 (T.H. 212) to Joiner Way, including minor pedestrian facility improvements and traffic signal modifications. Background Information
This segment of Prairie Center Drive has been identified in the 2023-2032 Capital Improvement Plan for construction in 2024. Originally included in the Annual Pavement Management Program, this segment of roadway was pulled from that program due to high average daily traffic (ADT) necessitating a complex traffic control and construction phasing plan. The pavement
within the project area is experiencing a variety of distresses, including wheel-path rutting, transverse, longitudinal, and alligator cracking, and chipseal flushing. The average Pavement Condition Index (PCI) is 74, which is an appropriate PCI for performing pavement rehabilitation. Most of the corridor will be rehabilitated with a pavement mill and overlay, while certain segments will receive full depth pavement reclamation, aggregate base stabilization, and
pavement installation. This improvement project aims to improve the rideability and extend the overall pavement life cycle of Prairie Center Drive from the project extents. Additional goals for the project include minor upgrades to pedestrian facilities and traffic operations.
Financial Implications The Professional Services Agreement with SRF has a not-to-exceed cost of $104,003. The sources of funding include the pavement management fund, the transportation fund, and the
storm water utility fund. Attachment Professional Services Agreement
2021 04 22
Version 2021 04 22
Agreement for Professional Services This Agreement (“Agreement”) is made on the 15th day of August, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and SRF Consulting Group, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Prairie Center Drive Pavement Rehabilitation project hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (SRF Proposal Letter dated August 8, 2023) in connection with the Work.
Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from August 15, 2023 through June 15, 2024 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $104,003.00 for the services as described in
Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
Prairie Center Drive Pavement Rehabilitation Page 2 of 10 2021 04 22
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this
Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Prairie Center Drive Pavement Rehabilitation Page 3 of 10 2021 04 22
Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
Prairie Center Drive Pavement Rehabilitation Page 4 of 10 2021 04 22
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $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
Prairie Center Drive Pavement Rehabilitation Page 5 of 10 2021 04 22
Aggregate $100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
Prairie Center Drive Pavement Rehabilitation Page 6 of 10 2021 04 22
Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the
Prairie Center Drive Pavement Rehabilitation Page 7 of 10 2021 04 22
negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for
Prairie Center Drive Pavement Rehabilitation Page 8 of 10 2021 04 22
mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Prairie Center Drive Pavement Rehabilitation Page 9 of 10 2021 04 22
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to
Prairie Center Drive Pavement Rehabilitation Page 10 of 10 2021 04 22
examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
SRF Consulting Group, Inc.
By:
Its:
SRF No. SRF No. 16616.PP
August 8, 2023
Adam Gadbois, PE
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
Subject: Proposal for Professional Services for Preliminary and Final Design for Prairie Center
Drive Pavement Rehabilitation, Eden Prairie, Minnesota
Dear Adam Gadbois:
Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to
provide professional services for preliminary and final design for Prairie Center Drive pavement
rehabilitation from 250’ south of Joiner Way to Technology Drive. Our traffic engineers will
investigate Flashing Yellow Arrow conversion at the Regional Center Drive signal, prepare a SJR, as
well as the preliminary and final design of ADA and signal improvements to the above referenced
intersection. We have made some initial assumptions regarding the proposed modification to
develop our scope of services.
Scope of Services
We propose to carry out the work described as follows:
1. Project Management – This task will include coordination and communication with City
staff, including bi-weekly check-in meetings (virtual) to provide project updates. It will also
include mailers for public engagement.
2. Roadway Design – Our work will include:
a. Gathering available record drawings.
b. Utility coordination and GSOC, collecting existing utility data, and two utility
coordination meetings.
c. Preparation of a 30% concept layout and cost estimate based on recommendations
from the geotechnical report, provided by the City.
d. Preparation of 60% plans, including roadway, curb and gutter and ADA
improvement locations, and estimated construction cost.
e. Preparation of draft 100% plans and specifications for City review and updated
estimated construction cost.
f. Final approved plans, specifications, and cost estimate for bidding.
3. Signal Design – This task includes collecting traffic data and analyzing the operations, safety,
and warrants at the intersection, the preparation of a Signal Justification Report and the
design of a revised traffic signal system at Prairie Center Drive at Columbine Rd/Regional
Center Rd that incorporates Flashing Yellow Arrow (FYA) left-turn indications (if
appropriate) and Accessible Pedestrian System (APS) equipment. Signal revisions to
EXHIBIT A
Adam Gadbois, PE August 8, 2023
City of Eden Prairie Page 2
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity/Affirmative Action Employer
accommodate loop detector changes at Prairie Center Drive at Singletree Lane and also
providing provisions for loop detector replacement for any loops that may be damaged
during resurfacing.
4. Water Resources – Our work includes miscellaneous storm sewer structure modifications,
coordination with Riley Purgatory Bluff Creek Watershed District, and an erosion control
permit application.
5. Bidding Assistance – This task includes preparing ad for bids, answering contractors’
questions, and preparing bid tabulation and award recommendation letter.
6. Surveying – This task includes topographic survey along the corridor.
Assumptions
We have made the following assumptions in preparing our scope of services:
1. Design will meet ADA and State Aid design standards. Project will be funded with local
funds.
2. The City will provide guidance on adjustments for sanitary, watermain and storm sewer after
assessing the structures. Replacement of utility lines is not expected.
3. Final design will be completed to accommodate a spring 2024 construction start.
4. Permitting is limited to coordination with Riley Purgatory Bluff Creek Watershed District for
erosion control permit. No other agency coordination is anticipated.
Schedule
We plan to begin the design work upon authorization to proceed and will complete this work within
a mutually agreed-upon schedule in time for 2024 construction.
Basis of Payment/Budget
We propose to be reimbursed for our services on an hourly basis for the actual time expended.
Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and
mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on
a monthly basis for work performed during the previous month. Payment is due within 35 days.
Based on our understanding of the project and our scope of services, we estimate the cost of our
services to be $104,003 which includes both time and expenses.
Changes in Scope of Services
It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly.
Before any out-of-scope work is initiated, however, we will submit a budget request for the new
work and will not begin work until we receive authorization from you.
Terms and Condition
We anticipate that Eden Prairie will prepare a Standard Services Agreement for this work.
Adam Gadbois, PE August 8, 2023
City of Eden Prairie Page 3
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010
Equal Employment Opportunity/Affirmative Action Employer
We appreciate your consideration of this proposal. Please feel free to contact us if you have any
questions or need additional information.
Sincerely,
SRF CONSULTING GROUP, INC.
Rebecca Krugerud, PE (MN)
Project Director – Civil Design
RRK/aj
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
S:\Marketing\Proposals\2023 Letter Proposals\16616.PP Eden Prairie Franlo\2023-03-22_Letter_CarterSchulze.docx
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: I.C. 23818
Award Contract for the Old Shady Oak Road and Point Chase Intersection Improvements to BKJ Land Co II dba BKJ Excavating
ITEM NO.:
VIII.M.
Requested Action
Move to: Award contract for the Old Shady Oak Road and Point Chase Intersection Improvements to BKJ Land Co II dba BKJ Excavating in the amount of $106,070.00. Synopsis
Three requests for quotes were sent and two quotes were received. The quotes received are summarized as follows:
BKJ Land Co II dba BKJ Excavating $106,070.00
New Look Contracting, Inc. $145,148.50
The BKJ quote is 41% higher than the Engineer’s Estimate. City staff recommends awarding the contract for the project to BKJ Land Co II dba BKJ Excavating, in the amount of $106,070. Background Information
The project will regrade and repave the intersection of Old Shady Oak Road and Point Chase Road. The intersection has experienced poor pavement conditions including cracking, settlement, and potholing. The curb and gutter also has settled throughout the intersection, leading to ineffective drainage. These factors contribute to the pooling of water throughout the year and icy conditions in winter. The project
will replace and regrade the pavement throughout the intersection to provide positive drainage throughout
the intersection to existing catchbasins to the west. Additionally, it will replace one City-owned manhole on Point Chase Road that is in poor condition. Construction is scheduled to start after August 15th and is to be completed by October 31st.
Project Cost Summary This project will utilize the Stormwater Utility Fund.
Attachment
Contract Agreement
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 15th day of August 2023, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and BKJ Land Co II dba BKJ Excavating., a Minnesota corporation hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree 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. 23818 – Old Shady Oak Road Drainage Improvements
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 $106,070.00. 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 c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
C-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
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 schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
BKJ Land Co II dba BKJ Excavating.
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
August 1st, 2023
Mr. Patrick Sejkora
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Old Shady Oak Road and Point Chase Intersection Improvements
City Project # 23818
Dear Mr. Sejkora,
Quotes were requested from four different contractors and two were received
on Friday, June 28th, 2023, for the above referenced project.
New Look Contracting came in with a quote of $145,148.50. BKJ Land Co II dba
BKJ Excavating came in with a quote of $106,070.00
Recommendation is made that the City Council awards City Project # 23818 to
BKJ Land Co II dba BKJ Excavating in the amount of $106,070.00 for the base bid
project. This recommendation considers that the City Council reserves the right
to waive minor irregularities and further reserves the right to award the contract
in the best interests of the City.
Respectfully,
Hansen Thorp Pellinen Olson, Inc.
Aaron Carrell, PE
Enclosures
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Change Order to the Construction Contract for the Ground Storage Reservoir and Pump Station in the amount of
$82,768.51
ITEM NO.:
VIII.N.
Requested Action Move to: Approve Change order in the amount of $82,768.51 for the Construction of the
Historic Wooden Water Tank at the City’s Ground Storage Reservoir and Pump Station. Synopsis
The original contract for the ground storage reservoir project allowed $30,000 for the construction of a wooden replica of the Eden Prairie depot’s water storage tank that was used to replenish the steam-producing water supply in large locomotives after the long haul up-grade from Chaska. Actual costs of the construction of the tank, including the foundation and concrete work for signage and the ADA compliant water fountain is $82,768.51.
Background Information The city’s new drinking water storage facility pump house designed to resemble Eden Prairie’s historic railroad depot began construction in early summer of 2019 on a former MnDOT soil
collection site. The project was designed over a period of about 3 years in a very thoughtful and deliberate manner. Despite a number of unknown conditions that were revealed as the construction progressed, most changes were achieved without additional cost, resulting in a total change-order value, including this request, of less than 3% of the overall contract, which was awarded under-budget. This change-order is easily accommodated in the project budget for this
facility. Expenses for this project were planned and made available in the water utility capital improvement budget. Attachment Attach 1 – Change-Order Document
8/8/2023
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 15, 2023
DEPARTMENT / DIVISION
Jerry Byington
Public Works / Fleet Services
ITEM DESCRIPTION
Approve Surplus of Rubber Tire Skid Loader and Purchase of Track Loader
ITEM NO.
VIII.O.
Requested Action Move to: Authorize the surplus of a Bobcat S650 skid loader and purchase of a new Caterpillar 289D3 compact track loader with bucket and ribbon blower attachments.
Synopsis: In 2018, the Fleet Services Division purchased two rubber tire skid loaders for the Streets Division with a replacement schedule of 7 years. In 2023, Streets Division staff identified one of these skid loaders was not
performing well due to ongoing maintenance issues. Streets staff also recognized that due to current operating needs a multi-terrain Caterpillar 289D3 track loader offered more flexibility and improved efficiency. The approval of this motion would allow the Fleet Division to purchase a new Caterpillar 289D3 track loader with attachments from the State of Minnesota Cooperative Purchasing Venture and surplus one
existing Bobcat S650 skid steer (VIN ALJ82666) Caterpillar sales assessed the Bobcat skid steer for trade-in value and offered $33,500.00 which Fleet
Services strongly supports. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. CPV Contract T-631(5) pricing for the Cat 289D3 with bucket is $93,160.34 and the Snow Wolf ribbon blower is $36,964.82 for a quoted sales price of $96,625.16 after
trade-in.
Purchasing of this piece of equipment will be through the Fleets Services Division budget 8530-6505. Fleet Services Division has capacity within the 2023 budget to purchase this piece of equipment due to other vehicle purchase savings and other vehicles performing better than expected and extending their replacement schedule.
Background Skid and track loaders are integral pieces of equipment for Streets Division because of their size, mobility, and versatility. With an abundance of attachments available, skid and track loaders can
perform many tasks in all seasons from flail and fine mowing in the summer to plowing and blowing
snow in the winter. Attachment
Caterpillar Purchase Agreement/Quote
PRODUCT PURCHASE AGREEMENT
DATE
PURCHASER
STREET ADDRESS
S CITY/STATE COUNTY SO HL POSTAL CODE PHONE NO.I D PEQUIPMENT
T CUSTOMER CONTACT: PRODUCT SUPPORT
TO O
INDUSTRY CODE:EST. DELIVERY DATE:
F.O.B. AT:
ACCOUNT NUMBER Sales Tax Exemption # (if applicable) PURCHASER PO NUMBER
TER MS
PAYMENTTERMS:(Alltermsandpaymentsaresubject to FinanceCompany-OACapproval)
NETPAYMENT ON RECEIPTOF INVOICE NET ON DELIVERY FINANCIAL SERVICES CSC LEASE
CASH WITH ORDER BALANCE TO FINANCE CONTRACT INTEREST RATE
PAYMENT PERIOD PAYMENT AMOUNT NUMBER OF PAYMENTS OPTIONAL BUY-OUT
QUANTITY DESCRIPTION OF EQUIPMENT ORDERED / PURCHASED PRICE
YEAR BILL OF SALE - TRADE-IN EQUIPMENT SERIAL NO. SELL PRICE $
LESS GROSS TRADE ALLOWANCE $
OTHER $
SUBTOTAL $
SALES TAX $PURCHASER REPRESENTS AND WARRANTS ANY TRADE-IN EQUIPMENT IS FREE OF ALL LIENS, ENCUMBRANCES,LIABILITIES, AND ADVERSE CLAIMS OF EVERY NATURE WHATSOEVER EXCEPT AS NOTED BELOW:
GROSS TRADE ALLOWANCE _______________________________
TRADE BALANCE OWED $
OTHER $PAYOUT TO AMOUNT OWING:OTHER $
PURCHASER TOPAYOUT ZIEGLER INC. TO PAYOUT TOTAL $
PURCHASER HEREBY SELLS THE TRADE-IN EQUIPMENT DESCRIBED ABOVE TO ZIEGLER INC. SUBJECT TO THE TERMSON PAGE 2.
NEW EQUIPMENT WARRANTY
New equipment is subject to a limited warranty (“Limited Warranty”) as provided by the manufacturer or Seller, which will either be included in a written warranty statement with the Product or the manufacturer’s standard limited warranty in force when the Product is delivered to Purchaser. Limited Warranties extend only to parts or attachments sold by manufacturer, and Purchaser’s failure to follow warranty conditions may result in voiding the Limited Warranty, as further stated on Page 2. Neither manufacturer nor Seller will be responsible for any otherwarranty. ALL OTHERWARRANTIES,EXPRESS OR IMPLIED, ARE DISCLAIMED AS FURTHER STATED ONPAGE 2.
USED EQUIPMENT
WARRANTY
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED ASFURTHER STATED ON PAGE 2. All used equipment is sold “as is with all faults,” and no warranty is offered except as specified here:
CSA:
NOTES:
THIS AGREEMENT INCLUDES THE TERMS ON PAGE 2 AND WEBSITES REFERRED TO THEREIN.
ZIEGLER INC. “Seller”ORDER RECEIVED BY PURCHASER APPROVED AND ACCEPTED ON DATEREPRESENTATIVE
PURCHASER
BYREPRESENTATIVE SIGNATURE PURCHASER SIGNATURE
PURCHASER TITLE
ver.PRODUCT PURCHASE AGREEMENT 1 of 2
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DocuSign Envelope ID: 0F641DCF-48C5-4D00-9C8E-FDAFB71B0293
Charles Norgaard
Streets Division Manager
Scott Riley
TERMSBy purchasing or financing the equipment listed on page 1 (collectively, “Products”), Purchaser hereby agrees to the preceding and following terms (collectively, the “Terms”).
ver.PRODUCT PURCHASE AGREEMENT 2 of 2
DocuSign Envelope ID: 0F641DCF-48C5-4D00-9C8E-FDAFB71B0293
Ziegler Inc.
Page 1 of 3
204779-01
Jul 05, 2023
CITY OF EDEN PRAIRIE ATTN ACCOUNTS PAYABLE 8080 MITCHELL RD EDEN PRAIRIE, MN 55344-2203 STATE BID CONTRACT – T-631 (5) FOR CAT 289 STATE BID CONTRACT – T-632 (3) FOR SNOW WOLF BLOWER
Dear Scott Riley, We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration. Caterpillar Model: 289D3 Compact Track Loader We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely, Charles Norgaard Territory Manager Caterpillar Model: 289D3 Compact Track Loader Standard Equipment POWERTRAIN
Cat C3.3B diesel engine Filter, cartridge type, hydraulic
-Gross horsepower per SAE J1349 Filters, canister type, fuel
74.3 hp (55.4 kW) @ 2400 RPM and water separator
-Electric fuel priming pump Radiator / hydraulic oil
-Glow plugs starting aid cooler (side-by-side)
-Liquid cooled, direct injection Spring applied, hydraulically released,
Air cleaner, dual element, radial seal parking brakes
S-O-S sampling valve, hydraulic oil Hydrostatic transmission
UNDERCARRIAGE
Dual flange front idler, single flange Suspension - independent torsion axle(4)
Rear idler Two speed motor
HYDRAULICS
ISO or H pattern controls: transmission control
Electro/hydraulic implement control Speed sensor guarding
Electro/hydraulic hydrostatic
ELECTRICAL
12 volt electrical system -Two rear tail lights
80 ampere alternator -Dome light
DocuSign Envelope ID: 0F641DCF-48C5-4D00-9C8E-FDAFB71B0293
Ziegler Inc.
Page 2 of 3
Ignition key start / stop / aux switch Backup alarm
Lights: Electrical outlet, beacon
-Gauge backlighting
OPERATOR ENVIRONMENT
Operator warning system indicators: leaves seat or armrest raised:
-Air filter restriction -Hydraulic system disables
-Alternator output -Hydrostatic transmission disables
-Armrest raised / operator out of seat -Parking brake engages
-Engine coolant temperature ROPS cab, open, tilt up
-Engine oil pressure Anti-theft security system w/6-button
-Glow plug activation keypad
-Hydraulic filter restriction FOPS, Level I
-Hydraulic oil temperature Top and rear windows
-Park brake engages Floormat
-Engine emission system Interior rear view mirror
Gauges: fuel level and hour meter 12V electric socket
Storage compartment with netting Horn
Ergonomic contoured armrest Hand (dial) throttle, electronic
Control interlock dystem, when operator
FRAMES
Lift linkage, vertical path Belly pan cleanout
Chassis, one piece welded Support, lift arm
Machine tie down points (6) Rear bumper, welded OTHER STANDARD EQUIPMENT
Engine enclosure - lockable Heavy duty flat faced quick disconnects
Extended life antifreeze (-37C, -34F) with integrated pressure release
Work tool coupler Split D-ring to route work tool hoses
Hydraulic oil level sight gauge Along side of left lift arm
Radiator coolant level sight gauge Hydraulic demand cooling fan
Radiator expansion bottle Per SAE J818-2007 and EN 474-3:2006 and
Cat ToughGuard TM hose ISO 14397-1:2007
MACHINE SPECIFICATIONS
REF # DESCRIPTION LIST PRICE
512-4289 289D3 COMPACT TRACK LOADER $93,219.35
454-6059 TRACK,RUBBER,450MM(17.7 IN)BAR $900.00
568-5603 BATTERY,EXTRA HEAVY DUTY, DISC $256.19
356-6082 REAR LIGHTS $0.00
542-6994 SEAT BELT, 2'' $0.00
563-1163 CERTIFICATION ARR, P65 $0.00
512-3745 INSTRUCTIONS, ANSI, USA $0.00
345-3556 HEATER, ENGINE COOLANT, 120V $244.76
435-9238 FILM, SELF LEVEL, ANSI $0.00
588-9134 CAB PACKAGE, ULTRA $18,857.20
573-8121 PRODUCT LINK, CELLULAR PL641 $587.62
539-8061 DOOR, CAB, POLYCARBONATE $267.62
556-5899 RIDE CONTROL $1,309.53
TOTAL LIST PRICE $115,642.27
TOTAL CORPORATE DISCOUNT (20.8% OF LIST) ($24,053.59)
TOTAL CONFIGURED PRICE $91,588.68
421-8926 SERIALIZED TECHNICAL MEDIA KIT $0.00
0P-0210 PACK, DOMESTIC TRUCK $0.00
DocuSign Envelope ID: 0F641DCF-48C5-4D00-9C8E-FDAFB71B0293
Ziegler Inc.
Page 3 of 3
REF # DESCRIPTION LIST PRICE
TOTAL NET ITEMS $0.00
Snow Wolf 24-84-HA Ribbon Blower $36,964.82
296-8192 BUCKET-GP, 86'', BOCE $1,571.66
TOTAL POST FACTORY ITEMS $38,536.48
TOTAL MACHINE SELL PRICE $130,125.16
SELL PRICE $130,125.16
LESS GROSS TRADE ALLOWANCE ($33,500.00)
BALANCE $96,625.16
TRADE-INS
Model Make Serial Number Year Trade Allowance
S650 Bobcat (US) ALJ82666 2018 $33,500.00
WARRANTY
Standard Warranty: 2 Year / 2,000 Hour Standard Warranty
F.O.B:SHAKOPEE
PAYMENT TERMS
Cash Delivery Terms
CASH WITH ORDER QUOTE SELL PRICE
$0.00 $130,125.16
OPTIONS:
Components Ref No. Qty Sell
Customer Support Agreement
Parts Kit Only CVA - 1000 hr / 500
hour intervals $738.00
Parts Kit Only CVA - 1000 hr / 250 hour intervals $853.00
Parts and Labor CVA - 1000 hr / 500 hour intervals $2,155.00
Parts and Labor CVA - 1000 hr / 250 hour intervals $3,377.00
DocuSign Envelope ID: 0F641DCF-48C5-4D00-9C8E-FDAFB71B0293
Customer viewed
quote
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT:
Alecia Rose, Administrative
Services and Human Resources Director
ITEM DESCRIPTION:
Resolution and Memorandum of Understanding
with Law Enforcement Labor Services, Inc. for Eden Prairie Police Sergeants 2024 Wages
ITEM NO.:
VIII.P.
Requested Action
Move to: Adopt Resolution authorizing entry into Memorandum of Understanding with Law Enforcement Labor Services, Inc. (LELS) for Eden Prairie Police Sergeants 2024 Wages. Synopsis
Negotiations occurred between the City and LELS in the summer of 2023 for wages in 2024. Through negotiations, a tentative agreement was reached and supported by staff in July 2023. The remainder of the contract between LELS and the City of Eden Prairie remains unchanged.
Attachments
Resolution City of Eden Prairie and LELS Memorandum of Understanding
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE 2022-2024 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE
AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL #500) WHEREAS, the City and Law Enforcement Labor Services Inc. (Local #500) (“LELS”) negotiated a Labor Agreement governing the period from January 1, 2022 through December 31,
2024 that was approved and implemented by the City Council of the City of Eden Prairie on March
1, 2022 in accordance with Minn. Stat. § 179A.20, subd. 5.; and WHEREAS, the Labor Agreement specified for 2024 LELS and the City agree to negotiate wages only; and
WHEREAS, the City and LELS participated in wage negotiations governing the period from January 1, 2024 through December 31, 2024 and reached a tentative agreement in July 2023 which is attached hereto as Exhibit A; and
WHEREAS, the tentative Memorandum of Understanding (MOU) agreement is subject to
the approval of and implementation by the City Council in accordance with Minn. Stat. § 179A.20, subd. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota that: (i) the MOU between the City of Eden Prairie and LELS attached as
Exhibit A is hereby approved and may be executed by the Mayor and City Manager; and (ii) City staff are hereby authorized to implement the MOU. ADOPTED by the Eden Prairie City Council this 15th day of August, 2023.
__________________________ Ronald A. Case, Mayor
ATTEST: __________________________
Nicole Tingley, City Clerk
EXHIBIT A
Memorandum of Understanding to Add to Appendix A of 2022–2024 Labor Agreement between City of Eden Prairie and Law Enforcement Labor Services, Inc. (Local #500)
Requested Action Move to: Approve agreements with Arvig, BCMOne, Metro eGoldFax, and Marco Technologies to upgrade phone system from PRI to SIP. Synopsis: Our current phone architecture is based on a PRI (Primary Rate Interface) system that relies on Lumen technologies. Over the past year, the City has experienced over 6 phone outages that have lasted several days causing significant disruptions for citizens and City employees. Staff
recommends that the phone system should be upgraded to SIP (Session Initiation Protocol) technology, which will allow for a better and reliable phone system. This is a CIP budgeted project. Background: The current PRI system needs to be upgraded to enable a more reliable, scalable, and available
phone infrastructure. SIP is a virtual connection to the Internet via IP network. The new setup will include multiple providers as backup (Arvig and BCMOne on the primary side, and Logis on the secondary side). The upgrade requires moving fax to an eFax solution. Metro Sales Inc., our current provider for copiers and printers, will provide eFax solution for 9 existing Fax lines.
Recurring costs for the upgrade include: Arvig Internet Broadband: $500.00 monthly BCMOne Internet Broadband, SIP and e-911 Service: $1,485.33 monthly Metro eFax solution: $1,133.76 annual
One-time costs for the upgrade include: Trunk licenses and Marco Professional Services: $11,886 BCMOne Installation: $56 Metro eGoldFax: $425
Conversion of existing analog lines at various City locations will be phase 2 of this project. Attachments: 1. Arvig Network Service agreement and Master Service Agreement 2. BCMOne Master Service agreement and Standard Terms and Conditions
3. Metro eGoldFax agreement and Metro eGoldFax order 4. Marco Technologies agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Phone system upgrades Phase 1: Upgrade from
PRI to SIP
ITEM NO.:
VIII.Q.
In Process
Order Information
Contracting Entity Billing Account
Contact Phone Email:
Partner:Phone Email:
Data Contact:Phone Email:
Service Details
Product Details NA
Order Type Category Core-Network Fiber Path Diversity
Bandwidth Special Routing Required
Service Order Component(s)
Address 1
Pricing
Product:
Quantity:
Product:
Quantity:
Order Notes
Date Date
Title Title
1
1
Arvig
Bandwidth:
100Mb DIA Service Item Description:Internet
Single
Bandwidth:
Lateral:
Service Term
Address 2
Static IP Service Item Description:Static IP Addresses
MRC Amount:$0.00
Arvig Signature:
Printed Name:Printed Name:
I agree to keep the Network Services I have selected above from Arvig as stated in the terms and conditions of the Service Level Agreement and Master Service Agreement. If I discontinue service
prior to when my agreement ends I understand that I will be billed the early termination fee. Monthly rate available for customers who sign agreement to keep service for such time period. Customers
who terminate service or who are disconnected for non-pay, prior to fulfilling agreement, will be charged all remaining recurring charges that would have been due to the company under the terms of
the agreement. All basic terms and conditions apply. Taxes and fees are in addition to the monthly rate. Rev. 2013_07
Terms and Conditions
Network Services Agreement
1Gb
Aditi Salunke
Details
952-949-8520
952-949-8520
City of Eden Prairie
Account Number
Aditi Salunke
Jeff Sinkler | Marco 952-634-6137
Signature:
CFA Provided By:
36 Month
Handoff:
100Mb
Eden Prairie, MN 55344
8080 Mitchell Rd
Port Speed:
Lateral:
Handoff:
Internet
NRC Amount:$500.00
asalunke@edenprairie.org
jeff.sinkler@marconet.com
asalunke@edenprairie.org
MRC Amount:$500.00
100Mb
Port Speed:
CFA Provided By:
Protection Details
Yes No
NoRenewalNewYes
DocuSign Envelope ID: 2F22C403-E45E-4104-9D8C-E57A14995A66
Customer Signature:
In Process
888.992.7844 | arvigbusiness.com
Letter of Agency (LOA)
AUTHORITY TO RELEASE CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI)
This Letter of Agency (LOA) hereby authorizes Marco as its authorized telecommunications
representative(s) and agent to act on its behalf in the procurement and maintenance of its network
telecommunications services. Arvig is hereby authorized and requested to provide all information
requested by agent for the purpose of coordinating, discussing, and arranging telecommunications
services for the Customer. This Agency specifically authorizes release of all Customer records to Marco
including, but not limited to; billing records, service records, and network and equipment records.
This Agency shall commence on the date of execution below and shall continue until the Agreement
Expiration date.
This Authorization does not prevent City of Eden Prairie from acting on its own behalf when it is necessary.
Customer Company Name: City of Eden Prairie
Main Phone Number: ________________________________________________________________________
Authorized Signature of Customer: _______________________________________________________________
Printed Name: ________________________________________________________________________________
Title:________________________________________________________ Date: __________________________
DocuSign Envelope ID: 2F22C403-E45E-4104-9D8C-E57A14995A66
Arvig Master Service Agreement (ver. 2019.3.12)
Confidential and Proprietary Page 1 of 5
ARVIG® NETWORK MASTER SERVICE AGREEMENT Retail Services
Arvig and City of Eden Prairie (Hereafter referred to as Customer) hereby agree to the following terms and conditions for Arvig
services to Customer. 1. EFFECTIVE DATE, SERVICES, AND SERVICES TERM. This Master Service Agreement, along with the Network Services Agreements (Order for service, “Service Agreement(s)”), Service Schedule, any attachments, the policies and procedures found on Arvig’s website: arvig.com, and any filed tariffs, price lists or schedules comprise the entire agreement between the parties (“Agreement”) for the services described herein. This Agreement supersedes any and all prior discussions, representations, memoranda, or agreements; oral or written, between the parties related hereto. Arvig reserves the right in its sole reasonable discretion, to reject any service agreement. This Agreement is fully binding and enforceable as of the date the Service Agreements(s) is signed by both parties (“Effective Date”). Arvig agrees to provide to Customer (subject to availability and adequacy of underlying service) and Customer agrees to procure from Arvig the services as described herein and within attachments and addendums, at the locations set forth, (“Services”) for the number of months set forth (“Services Term”), all as detailed on the Service Agreement(s) incorporated as part of this Agreement. The Services Term commences upon installation of the Services by Arvig (“Installation Date”) or the Effective Date annotated in the Service Agreement(s).
Arvig will use reasonable efforts to install the services on the date agreed upon by the parties. Arvig does not guarantee that Services will be installed and provisioned on Customer’s desired due date. Subject to the early termination provisions set forth herein, at the end of the Services Term, this Agreement will automatically renew for a period of 12 months (“Renewal Services Term”) until terminated by either party with at least (30) days advance written notice to the other party. Unless otherwise provided by law, Customer shall, upon providing Arvig a notice of termination of Services, be responsible for payment from the Service End Date (date of disconnection) to the end of the 30-day-notice period. In the event of early termination, the early termination fee shall be calculated from the end of the 30-day-notice period until the expiration date of the current term. 2. RATES, CHARGES, BILLING AND PAYMENT. Customer shall be responsible for payment of the charges specified in the Service Agreement(s). Customer agrees that billing will commence with Arvig’s first regular billing cycle after installation of Service is complete and fully functioning. Monthly recurring charges (“MRC”) will be billed in advance each month. Non- recurring charges (“NRC”) will be billed on the first invoice after the Installation Date, or if the NRC are incurred after the Installation Date, or are usage based, such charges will be billed on the next invoice thereafter. Payments are due on the Payment Due by Date set forth on the Arvig invoice. Customer must provide payment in full on Payment Due By date. If Customer believes it has been billed in error or otherwise disputes a charge, Customer must notify Arvig within 90 days of the date of the invoice containing the disputed charge. Arvig will promptly investigate and notify Customer of the results of its
investigation. Customer’s notice must specifically detail the dispute and provide supporting documentation for the amount in dispute. Arvig will investigate all disputes and if appropriate, credit Customer’s account or notify Customer of denial of the dispute.
Arvig may assess a late fee of $2.00 per service account OR 1.5% of the balance due, whichever is greater (not to exceed the maximum rate allowed under state law) on any undisputed balances not paid when due or any disputed balances later found to be correct. Late fees may be assessed, as of the original Due by Date, against any disputed amount denied by Arvig. Arvig has the option to suspend Services and/or to pursue any and all other legal remedies until payment is made. Termination of Services may follow. Customer will pay any and all costs incurred in collection of rates and charges due and payable, including reasonable attorney’s fees and all collection agency costs, whether or not a suit is instituted. All payments hereunder will be in U.S. currency.
Customer hereby authorizes Arvig to conduct a credit search and agrees to provide Arvig with information regarding payment history for communications services, number of years in business, financial statement analysis and commercial credit bureau rating. This Agreement is subject to credit approval. Arvig may require Customer to tender an Advance Payment which will be applied to the next statement, without interest. Such Advance Payment may have, as an additional component, deposit for any Arvig-provided Customer Premise Equipment.
If any property owner, under which Customer is a tenant, assesses a fee against Arvig in order to, or as a result of, the provisioning of any Services to Customer, Arvig may pass through such charges to Customer.
Additional charges shall be imposed by Arvig and paid by Customer for: (a) hours of service provided by Arvig for matters other than those for which Arvig is responsible for in connection with the Service, as described in the Service Agreement, (b) any changes to the scope of any project, or other specialized services requested by the Customer.
3. REACTIVATION. To reactivate suspended Service, Customer must bring its account up to date through the month of reactivation by making payment in full of any outstanding balance, fees and other applicable charges. 4. INSTALLATION OF EQUIPMENT. Customer represents that there are no legal, contractual or similar restrictions on the installation of Arvig equipment in the location(s) authorized by Customer. It is the Customer’s responsibility to ensure compliance with all applicable building codes, zoning ordinances, covenants, conditions, and restrictions related to the Services, to pay any fees or other chargers, and to obtain any permits or authorizations necessary for the Services (collectively “Legal Requirements”). In providing the Services, Arvig shall comply with applicable federal and state laws, rules and regulations. Each party shall be solely responsible for any fines or similar charges for violation of any applicable Legal
Arvig Master Service Agreement (ver. 2019.3.12)
Confidential and Proprietary Page 2 of 5
Requirements, or federal and state laws, rules and regulations. Customer acknowledges and agrees that Arvig or its designated service provider will be required to access your property and/or premises and systems to install and maintain the Services. Any refusal of access by Customer shall relieve Arvig of its performance obligations. Customer will also provide a suitable work area for Arvig personnel. NEITHER ARVIG NOR OUR SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES, OR LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER OR COMMUNICATIONS NETWORK AND SYSTEMS. 5. EQUIPMENT. Customer recognizes that Arvig is acting only as a reseller or licensor of any hardware, software and equipment (collectively, the “Equipment”) offered under this Agreement that was manufactured by a third party. Arvig shall have no responsibility or liability for any malfunction or defects of Equipment either sold, licensed or provided by Arvig to or purchased directly by Customer used in connection with the Service(s). Arvig shall make reasonable attempts to replace, repair or correct any such defects of equipment and to inform Customer of such defects, the correction procedure being implemented, and the costs to Customer of such corrective procedure. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of the Equipment is limited to those rights extended to the Customer by the manufacturer or extended to Arvig by the manufacture and assigned by Arvig to Customer, in connection with this Agreement.
Customer is entitled to use any Equipment supplied by Arvig only in connection with Customer’s permitted use of the Services. Customer shall use Customer’s best efforts to protect and keep confidential all intellectual property provided by Arvig to Customer through any Equipment and shall make no attempt to copy, alter, reverse-engineer, or tamper with such intellectual property or to use it other than in connection with the Service(s). Customer shall not resell, transfer, export, or re-export any Equipment, or any technical data derived there from, in violation with any applicable Minnesota, United States or foreign law. In the event that Arvig provides Equipment for use by Customer free of charge during the term of this Agreement, upon termination of this Agreement for any reason, Customer must return, at Customer’s cost, the Equipment to Arvig in the same condition as furnished to Customer, excepting normal wear and tear. 6. MODIFICATION OF SERVICE(S). Arvig may discontinue, add or revise any or all aspects of the Service(s) in our sole discretion and without notice, including access to support services, publications and any other products or services ancillary to the Service(s). Customer’s use of the Service(s) after the effective date of such changes or additions constitutes the Customer’s acceptance of such changes. 7. RESTRICTIONS ON USE OF THE SERVICE. Customer agrees to comply with Arvig’s Acceptable Use Policy published at www.arvigbusiness.com, and are hereby incorporated into this Agreement. Arvig reserves the right to immediately terminate the Service(s) and this Agreement if Customer knowingly or otherwise engages in any prohibited activity. Customer does not own, nor have any rights other than those expressly granted to the Customer, to a particular IP address, even if Customer has ordered a static IP address.
8. SECURITY. Customer agrees to take reasonable measures to protect the security of computers, networks and communications equipment, including maintaining, at Customer’s cost, an up-to-date version of anti-virus and/or firewall software to protect said equipment from malicious code, programs or other internal components (such as a computer virus, computer worm, bots, etc.). Customer expressly agrees that if any equipment connected to Arvig services becomes infected and causes any of the prohibited activities listed in the Acceptable Use Policy, Arvig may immediately suspend Service(s) until
such time as Customer’s equipment is sufficiently protected to prevent further prohibited activities. Customer will be fully liable for all monthly Service charges and any other charges under this Agreement during any period of suspension. In all cases, Customer is solely responsible for the security of any device Customer chooses to connect to the Service(s) including any data stored or shared on that device. 9. PROHIBITION ON RESALE. Reselling the Service(s) or otherwise making the Service(s) available to anyone outside Customer’s premises (e.g. via Wi-Fi, or any other method), in whole or in part, directly or indirectly, or on a bundled or
unbundled basis is prohibited. 10. TAXES, SURCHARGES AND ASSESSMENTS. Customer is responsible for payment of any and all federal, state and local taxes, or surcharges. Arvig will collect all such taxes, charges, and surcharges unless Customer provides Arvig with proof of exemption. Customer will indemnify Arvig for any and all costs, claims, taxes, charges, and surcharges levied against Arvig relative to such exempt status. Surcharges and assessments, which are not required by regulatory agencies, but which Arvig is permitted to charge to recover expenses, may be applied. All such charges will be set forth on a detailed invoice. 11. COMPLIANCE WITH LAW. This Agreement is subject to all Applicable Law, and the obtaining and continuance of any required approvals, authorizations, or tariffs or price lists filed with the FCC or any other governmental agency. Company will use commercially reasonable efforts to obtain, retain and maintain such approvals and authorizations. If any action pursuant to Applicable Law adversely affects the Services or requires Company to provide Services other than in accordance with the terms of this Agreement, either Party may, without liability to the other Party, terminate the affected Services upon thirty (30) days prior written notice to the other Party. In performing their obligations under this Agreement, the Parties will comply with all Applicable Law, specifically including, but not limited to, Applicable Laws governing 911/E-911 and any other emergency services.
Arvig Master Service Agreement (ver. 2019.3.12)
Confidential and Proprietary Page 3 of 5
Subject to Company’s 911/E-911 policy, and unless otherwise specifically agreed, (a) Company will provide Customer with the network connection for each circuit, billing telephone number (BTN) or trunk group that comprise the Services, and (b) Company will provide the appropriate Public Safety Answering Point (PSAP) with the automatic location identification (ALI), including the same emergency response location, for all BTNs of the circuit or trunk group regardless of the number of lines, trunks, or unique telephone numbers on that circuit or trunk group. Customer will be responsible for providing all other 911/E- 911 functionality as required by Applicable Law, including but not limited to, agreements with, and network or other connection to, the local PSAPs. Customer will maintain the necessary databases and update and transfer the ALI to the appropriate PSAPs. Company is not responsible for and will not make any changes or submit updates to 911/E-911 databases for any Services other than the one emergency response location as set forth above. 12. SERVICES, MAINTENANCE AND UPGRADE OF FACILITIES. Services will meet the applicable performance specifications outlined in this agreement. Arvig will maintain its facilities and equipment used to provide the Services as set forth in its policies and procedures, at no additional charge to Customer, except where work or service calls result from Customer actions or negligence. In such event, Customer will reimburse Arvig for the cost of the required maintenance at Arvig’s standard time and material rate plus any taxes imposed upon Arvig related to such maintenance.
Arvig reserves the right to suspend Service for scheduled maintenance or planned enhancements or upgrades or emergency repairs to Arvig’s network without notice to Customer. Arvig equipment will remain the sole and exclusive property of Arvig or Arvig’s assignee. Customer will not tamper with, remove or conceal any Arvig identifying plates, tags or labels. Customer will indemnify, hold harmless and defend Arvig against any liens placed on Arvig equipment due to Customers’ action or inaction. Any lien will be discharged by Customer within ten (10) days’ notice of filing. Failure to discharge any such lien is a material breach of this Agreement and may result in immediate termination.
Customer will provide equipment compatible with the Services and Arvig’s network and facilities. Customer will bear the costs of any additional apparatus reasonably required to be installed because of the use of Arvig’s network or facilities. Arvig will not be responsible for any third-party costs related to configuration changes or troubleshooting of the Arvig provided service.
Upon termination of the Service, Customer grants Arvig the right to recover Arvig-provided equipment from Customer’s premises upon the termination of this agreement. In the event Customer fails to return the equipment, Arvig may invoice Customer for the then fair market value of such equipment.
Arvig reserves the right to substitute, change or rearrange any equipment used in delivering Services that does not affect the quality, cost or type of Services. Arvig will manage its network in Arvig’s sole discretion. Customer will provide all reasonable information, authorizations, and access required by Arvig for the purpose of installing Services, performing routine network grooming, maintenance, upgrades, and addressing emergencies. 13. SERVICE INTERUPTION CREDITS. Credits shall be determined in accordance with the terms of the Service Schedule, when applicable, or on a case-by-case basis, when Arvig is the sole cause of such disruption, and such disruption is not the result of (a) scheduled maintenance, (b) planned enhancements, or (c) upgrades. Such credit shall be based upon the ratio of the duration of the service interruption (measured from the time the interruption is reported to or detected by Customer, whichever occurs first, to the total time in a 30-day month. No Credit shall be owed for any disruption resulting from a Force Majeure event. 14. DISCLAIMER/LIMITED WARRANTY. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ARVIG MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHNTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARVIG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
15. LIMITED LIABILITY. ARVIG’S LIABILITY AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES AND/OR THIS AGREEMENT, WILL BE SOLELY LIMITED TO AN AMOUNT NO GREATER THAN THE AMOUNTS PAID BY CUSTOMER TO ARVIG DURING THE MONTH OF THE OCCURANCE OF ANY CLAIM. IN NO EVENT WILL ARVIG BE LIABLE TO THE CUSTOMER FOR LOSS OF USE, INCOME OR PROFITS, LOSS OF REVENUES, LOSS OF SAVINGS OR HARM TO BUSINESS OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, REGARDLESS OF THE FORSEEABILITY THEREOF. 16. CUSTOMER WARRANTIES. (a) The Customer represents that it is an entity, duly organized, validly existing and in good standing under the laws of its origin, with all requisite power to enter into and perform its obligations under this Agreement in
accordance with its terms; (b) Customer represents and warrants that, to its knowledge, neither its equipment nor facilities will pose a hazard to Arvig’s Equipment or facilities or create a hazard to Arvig’s personnel or customers or the public in general; (c) Customer represents and warrants that its use of the Service will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this Agreement and it will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities; (d) Customer represents and warrants that it will not resell all or a portion of the Service(s) provided by Arvig under this Agreement. To the extent permitted by law, Customer will indemnify and hold Arvig harmless from any and all loss liability, claim, demand, and expense (including reasonable attorneys’ fees) related to Customers violation of this Section.
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17. ARVIG WARRANTIES. a) Arvig represents that it is an entity, duly organized, validly existing and in good standing under the laws of its origin, with all requisite power to enter into and perform its obligations under this Agreement in accordance with its terms; (b) Arvig Customer represents and warrants that, to its knowledge, neither its equipment nor facilities will pose a hazard to Customer’s equipment or facilities or create a hazard to Customer’s personnel or customers or the public in general; (c) Arvig represents and warrants that Customer’s use of the Service will comply and conform with all applicable federal, state and local laws, administrative and regulatory requirements and any other authorities having jurisdiction over the subject matter of this Agreement and it will be responsible for applying for, obtaining and maintaining all registrations and certifications which may be required by such authorities. To the extent permitted by law, Arvig shall defend, indemnify and hold Customer harmless from any and all loss liability, claim, demand, and expense related to Arvig’s violation of this Section. 18. CONFIDENTIAL INFORMATION. Customer proprietary network information shall only be disclosed in accordance with Arvig’s policies and procedures and subject to paragraph 34.b.
In addition to the foregoing, the parties may have access to certain information, the ownership and confidential status of which is highly important to the other party and is treated or designated by one of the parties as confidential (herein referred to as “Confidential Information”).
Neither party will disclose the other party’s Confidential Information, directly or indirectly under any circumstances, to any third person without the express written consent of the other party, and neither party will copy, transmit, reproduce, summarize, quote, or make commercial or other use whatsoever of the other party’s Confidential Information, except as may be necessary to perform its duties hereunder or as required by the Rules. Each party will exercise the highest degree of care in safeguarding the other party’s Confidential Information against loss, theft, or other inadvertent disclosure and take all steps necessary to maintain such confidentiality. 19. INDEMNIFICATION. To the extent permitted by law, Customer will indemnify, hold harmless, and defend Arvig, its officers, parent, and/or affiliated companies, employees, agents and subcontractors from liabilities, claims, damages, and expenses whatsoever (including reasonable attorney’s fees) arising out of or in connection with Customer’s use and/or Customer’s end- users or third parties’ resale or sharing of the Services. Customer’s indemnification obligations do not apply to claims for damages to real or tangible personal property or for bodily injury or death which is solely caused by Arvig due to Arvig’s gross negligence or willful misconduct. 20. DEFAULT/TERMINATION. Customer’s use of the Services provided herein and any equipment associated therewith will not: (a) interfere with or impair service over Arvig’s network; (b) impair privacy of any communication over such network; (c) cause damage of any nature to Arvig’s assets or customers; (d) be used to frighten, abuse, torment or harass, or create hazards to Arvig or its network; or (e) violate the provisions of any of Arvig’s policies and procedures, including Arvig’s Internet Service Acceptable Use Policy, which can be found at www.arvig.com. Arvig may immediately suspend or terminate, without liability, the Services for any violation of these provisions. Arvig reserves the right to revise the terms and provisions of all of its policies and procedures as it deems appropriate and this Agreement is subject to all revisions.
Except as set forth above, if either party violates any provision of this Agreement the non-defaulting party may send the defaulting party written notice detailing the default. The defaulting party will have: (a) 10 days from the date of the written notice to cure a payment default, or (b) 30 days from the date of the written notice to cure a non-payment default. If the defaulting party fails to cure, the non-defaulting party may terminate this Agreement and any Services hereunder upon notice or pursue any and all other legal remedies. This Agreement also may be terminated by either party in accordance with the provisions of the then current tariff or price list.
If Customer terminates this Agreement or all or any part of the Services at any time after the Effective Date, or If Arvig
terminates this Agreement as a result of Customer’s breach, Arvig may charge Customer an early termination fee equal to and including any or all of the following: 100% of the total MRC, surcharges and taxes for the Services Term then remaining, plus any unpaid activation, installation and/or special construction charges, and all other fees or costs, whether previously waived or not, less amounts already paid.
Customer will not be liable for the early termination fees set forth above if Arvig breaches the Agreement, or if the Customer orders from Arvig services of equal or greater MRC than the Services terminated, and the new services are approved by Arvig. Customer acknowledges that Arvig’s damages for early termination would be difficult to determine and the termination charge(s) constitutes liquidated damages and are not intended as a penalty. All such amounts will become immediately due and payable by Customer to Arvig. 21. FORCE MAJEURE. In the event that either party’s performance is delayed, prevented, or inhibited because of any Act of God, fire, casualty, delay or disruption in transportation, flood, war, strike, lockout, epidemic, destruction or shut-down of facilities, shortage or curtailment, riot, insurrection, governmental acts or directives, any full or partial failure of any communications or computer network or any cause beyond such party’s reasonable control, the party’s performance will be excused and the time for the performance will be extended for the period of delay or inability to perform resulting from such occurrence. The occurrence of such an event will not constitute grounds for a declaration of default by either party hereunder. 22. GENERAL. Any amendment must be in writing and signed by the parties hereto. Facsimile copies of this Agreement and any amendments or modification hereto, including facsimile signatures, will be accepted by the parties as originals. The failure of either party to insist upon the performance of any provision or to exercise any right granted hereunder, will not be construed as a waiver of such provisions(s), and the same will continue in full force. If any provision hereof is held to be invalid, void, or
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unenforceable, the remainder of the provisions will nevertheless remain unimpaired and in effect. All notices under this Agreement will be in writing and will be made by personal delivery, overnight delivery, certified mail or by facsimile transmission with receipt verification. Notices will be sent to the addresses listed on the front of the Agreement and in the case of a notice to Arvig, a copy to Arvig’s COO, 150 Second Street SW, Perham, MN 56573. The various rights and remedies given to or reserved by either party herein or allowed by law, are cumulative, and no delay or omission to exercise any of its rights will be construed as a waiver of any default or acquiescence, nor will any waiver of any breach or provision be considered a condonement of any continuing or subsequent breach of the same provision. Neither party may assign its obligations hereunder without the prior written consent of the other party, which will not be unreasonably withheld. This Agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota. Nothing in this Agreement is intended to, or shall be construed, as creating a partnership or any third-party beneficiaries. See Service Level Agreement for more information.
23. Compliance with Laws and Regulations. In providing services hereunder, Arvig shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the Customer to immediately terminate this Agreement.
24. Conflicts. No salaried officer or employee of the Customer and no member of the Council of the Customer shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
26. Damages. In the event of a breach of this Agreement by the Customer, Arvig shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
27. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of Customer’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with Customer'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.
28. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
29. Non-Discrimination. During the performance of this Agreement, Arvig 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. Arvig 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. Arvig 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. Arvig further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363A.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
30. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
31. Services Not Provided For. No claim for services furnished by Arvig not specifically provided for herein shall be honored by the Customer.
32. Statutory Provisions.
a. Audit Disclosure. Pursuant to Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of Arvig or other parties relevant to this Agreement are subject to examination by Customer and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Arvig under this Agreement which the Customer requests to be kept confidential, shall not be made available to any individual or organization without the Customer's prior written approval. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Arvig in performing any of the functions of the Customer during performance of this Agreement is subject to the requirements of the Data Practices Act and Arvig shall comply with those requirements as if it were a government entity. All subcontracts entered into by Arvig in relation to this Agreement shall contain similar Data Practices Act compliance language.
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ARVIG ENTERPRISES, LLC CUSTOMER
Signature: Signature:
Name: Name: Ronald A. Case
Title: Title: Mayor
Date: Date:
Signature:
Name: Rick Getschow
Title: City Manager
Date:
If the Customer has selected Arvig voice service(s), do they want Arvig to provide a single 911 record? Yes No
If yes, what single telephone number does the Customer want displayed for 911 services?
If yes, what physical address does the Customer want displayed for 911 services?
Page 1 of 2
Client Initial: ___ BCM One Initial: ___
MASTER SERVICE AGREEMENT MSA#___
Client Information
Client Name: City of Eden Prairie
Billing Address: 8080 Mitchell Rd. Fl/Suite: ___
Billing Address2: Eden Prairie, MN 55344
Billing Contact Name: Aditi Salunke
Billing Contact Number: 952-949-8300 Billing Contact Email: asalunke@edenprairie.org
*Please complete technical review ASAP to ensure prompt order placement.
This Master Service Agreement (“MSA”), together with any Service Orders, Rate Schedules, Service Addendums and any other
documents referred to herein and made part of this agreement (collectively, the “Agreement”), is made by and between BCM One,
Inc., a New York corporation with its principal offices at 295 Madison Ave., 5th Floor, New York, NY 10017 (“BCM One”), on behalf of
itself its affiliated entities, successors and assigns, and City of Eden Prairie with its principal offices at 8080 Mitchell Rd., Eden Prairie,
MN 55344 (“Client”) with respect to the services set forth in each applicable Service Order (each a “Service” and collectively the
“Services”). By signing this MSA and/or using the Services, Client consents to the terms and conditions set forth in the Agreement.
The rates, discounts, charges and credits applicable to each Service shall be effective as set forth in each Service Order. The MSA may be subject to Client meeting BCM One’s standard credit requirements, which may be based on commercially available credit reviews,
to which Client hereby consents. Unless otherwise agreed, Client must deliver to BCM One all pertinent Client information required
to deliver any Service within five (5) days of the Effective Date.
1. TERM. The term of the MSA shall begin on the same day as Service Order #1 and shall continue for Thirty-six (36) consecutive
months (the “Initial Term”). Upon the expiration of the Initial Term, the MSA will be automatically renewed for successive one
(1) month terms (each a “Renewal Term” and together with the Initial Term, “Term”), unless either party notifies the other of its
intent not to renew at least sixty (60) days prior to the expiration of the then-current Term. Either party may terminate the MSA,
a Service Order or a Service(s) without cause during the Term upon sixty (60) days’ prior written notice, subject to the Terms and
Conditions.
2. PAYMENT. Each monthly invoice must be paid no later than the due date identified thereon. If an invoice is not paid by the due
date, Client shall pay BCM One a monthly late charge equal to one and one-half percent (1.5%) of the outstanding balance or the
maximum amount permitted by law, whichever is less.
3. There will be a Plan Monthly Minimum Commitment (“PMMC”) set forth in each Service Order entered into during the Term.
Each month during the Term, Client agrees to pay BCM One no less than the PMMC identified in each Service Order (or the
aggregate amount if more than one Service Order is entered into during the Term) in Total Service Charges (as defined in the
Terms and Conditions), subject to adjustment in the event of termination, non-renewal or addition of a Service, as applicable.
4. EARLY TERMINATION CHARGES. If: (a) Client terminates the MSA, any Service Order or a Service during the applicable Service
Term for reasons other than Cause; or (b) BCM One terminates the MSA, any Service Order or a Service for Cause pursuant to the
Sections of the Terms and Conditions entitled “Termination for Cause” or “Termination by BCM One,” then the Client shall pay,
within ten (10) days after such termination: (i) all accrued but unpaid charges incurred through the date of such termination, plus
(ii) an amount equal to one-hundred percent (100%) of the PMMC for each month remaining in the unexpired portion of the
applicable Service Term (or, in the case of a terminated Service, for the balance of the applicable Service Term), or in the event
the Service Term has not commenced, an amount equal to one-hundred percent (100%) of the PMMC for the entire applicable
Service Initial Term on the date of such termination (or, in the case of a terminated Service, the pro-rata portion thereof), plus (iii)
a refund of any and all installation waiver credits, sign-up credits, or up-front credits and discounts provided to Client under the Agreement or applicable Service Order.
Page 2 of 2
5. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF BCM ONE TO CLIENT IN CONNECTION WITH THE AGREEMENT, FOR ANY AND
ALL CAUSES OF ACTIONS AND CLAIMS, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS, SHALL BE LIMITED TO THE LESSER OF: (A) DIRECT
DAMAGES PROVEN BY CLIENT; OR (B) THE AMOUNT PAID BY CLIENT TO BCM ONE UNDER THE APPLICABLE SERVICE ORDER(S)
FOR THE ONE (1) MONTH PERIOD PRIOR TO ACCRUAL OF THE MOST RECENT CAUSE OF ACTION. IN NO EVENT SHALL BCM ONE,
ITS AFFILIATES, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR ATTORNEYS FEES, COURT COSTS, OR INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM THE PARTIES’ RELATIONSHIP OR
CONDUCT OF BUSINESS UNDER THIS AGREEMENT. FURTHER IN NO EVENT SHALL BCM ONE BE LIABLE FOR ANY DELAY OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INTERRUPTION OR DEGRADATION OF SERVICES CAUSED BY NETWORK OR FACILITY FAILURE,
OR FOR EQUIPMENT, NETWORK OR FACILITY UPGRADE, OR SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE
CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO BCM ONE OR CLIENT.
6. Services Not Provided For. No claim for services furnished by BCM One not specifically provided for herein shall be honored by
Client.
7. Statutory Provisions.
a. Audit Disclosure. Pursuant to Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and
practices of BCM One or other parties relevant to this Agreement are subject to examination by Client and either the
Minnesota Legislative Auditor or the Minnesota State Auditor for a period of six (6) years after the effective date of this
Agreement.
b. Data Practices. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13
(“Data Practices Act”). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created,
collected, received, stored, used, maintained, or disseminated by BCM One in performing any of the functions of Client during
performance of this Agreement, to the extent it performs any such functions, is subject to the requirements of the Data
Practices Act and BCM One shall comply with those requirements as if it were a government entity.
8. The Agreement and the Services provided thereunder are subject to and controlled by BCM One’s federal and state tariffs (as
applicable), any service specific terms and conditions and service level agreements as well as BCM One’s Standard Terms and
Conditions (the “Terms and Conditions”) which Terms and Conditions are located at www.bcmone.com/legal/ all of which are
hereby expressly incorporated by reference. All Services shall be added by written Service Order signed by both parties. This
MSA may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which together
shall constitute one and the same agreement, notwithstanding that all parties are not signatories to each counterpart. Facsimile
and digital signatures shall be treated as original signatures for the purpose of enforcing this MSA. By signing below, the parties
agree to the foregoing and have caused this MSA to be duly executed, as of the date first written below (the “Effective Date”).
CLIENT BCM ONE, INC.
Signature: ________________________________ By: ________________________________
Print Name: Ronald A. Case Print Name: ________________________________
Title: Mayor Title: ________________________________
Date: ________________________________ Date: ________________________________
Signature: ________________________________
Print Name: Rick Getschow
Title: City Manager
Date: ________________________________
Letter of Authorization
City of Eden Prairie with its principal offices at 8080 Mitchell Rd., Eden Prairie, MN 55344 (“Client”) hereby appoints BCM One, Inc.,
(and its affiliated entities) a New York corporation with its principal offices at 295 Madison Ave., 5th Floor, New York, NY 10017 (“BCM
One”) as its agent for all matters related to the provision of services pursuant to the terms of the Agreement, including, obtaining
duplicate copies of Client’s current telephone and data service bills (as applicable), as required for BCM One’s provisioning of Services
to Client. Client hereby selects BCM One as its primary carrier for the following services (check all that apply)
☒ Local
☒ Intrastate Long Distance
☒ Interstate Long Distance
☒ Data Service(s)
for each of the service types at the locations designated on the Rate Schedules that will be attached to each Service Order. Client
authorizes BCM One to transfer its service from its current supplier to BCM One. By signing below, Client also authorizes BCM One to
transfer any current telephone number(s) used to provide service so that BCM One may provide its service to Client.
Client Signature: ____________________________ Title: ______________________________
Print Name: ___________________________________ Date: ______________________________
October 2022
Page 1 of 7
Master Service Agreement
Standard Terms and Conditions
These Standard Terms and Conditions, are an integral part of the BCM One, Inc. and it Affiliated Entities (“BCM One”) Master
Service Agreement (“MSA”), Service Orders, Rate Schedules, Service Addendums, and other documents annexed thereto and
made part thereof (collectively the “Agreement”) by and between BCM One (on behalf of itself, its parent, affiliates, successors,
and assigns), and the Client and shall be deemed accepted by, and binding upon, Client in accordance with the terms of the
Agreement. These Standard Terms and Conditions are subject to change upon written notice to Client.
1. SERVICES. BCM One shall provide to Client the services set forth in the Service Order(s) or other accepted order form (each a
“Service,” and, collectively, the “Services”) all of which are subject to the terms and conditions of the MSA and any accompanying
documentation, including but not limited to Rate Schedules, Service Addendums, applicable service level agreements as well as
any policies that may describe the Service(s) being purchased (the “Agreement”). All of these form the final written Agreement
between BCM One and the Client. Services are subject to availability and BCM One has the right not to accept any order for
Service submitted by Client.
2. TARIFF. If applicable, BCM One’s provision of Services to Client shall be governed by BCM One’s international, interstate, and
state tariffs (“Tariff(s)). The Tariff(s) is incorporated by reference and made part of the Agreement. Client acknowledges and
agrees that BCM One may change, terminate, adjust and/or modify any and/or all of the provisions of its Tariff(s) from time to
time, and any modification shall be binding upon Client from the time filed and notice provided to Client. Except for new services,
service features, service options, or service promotions, which shall become effective immediately upon the delivery of
notification to Client, any modification made to the Tariff(s) or Services shall become effective beginning on the first day of the
next calendar month following notice to the Client, or thereafter, on the first day of the next service billing cycle whenever
adjustments are made to rates or charges. The rates, terms and conditions that shall apply in connection with the Services
pursuant to the applicable tariffs are subject to change in accordance with the rules of the applicable state regulatory commission
and/or Federal Communications Commission (the “FCC”). The contractual relationship between BCM One and Client shall be
governed by the following order of precedence: (a) the Tariff(s) to the extent applicable, (b) the Agreement, and (c) these Standard
Terms and Conditions.
3. TERM. The term and any renewal terms of the MSA and each Service Order shall be governed by the time period stated therein
(the “Term”). If the MSA and/or Service Order do not contain a renewal period, the Term will be automatically renewed for
successive one (1) month terms at BCM One’s then current out-of-contract rates, unless cancelled by either party pursuant to the
terms of the MSA and/or Service Order.
4. SERVICE CHARGES. Client shall pay to BCM One, during each month of the Term, no less than the amount service charges
contained in each monthly invoice.
(a) Services are billed on a monthly basis.
(b) Services are invoiced in advance, but usage charges are invoiced in arrears.
(c) All non-recurring charges, which are non-refundable, will appear on the applicable monthly invoice.
(d) “Total Service Charges” means all charges, after application of all discounts and credits, for each Service provided to Client,
specifically excluding (i) taxes, tax-like charges and tax-related surcharges; (ii) charges for equipment and colocation (unless made
part of Client’s PMMC); (iii) liabilities incurred by BCM One as a result of ordering, changing or providing facilities to operate the
Services; (iv) non-recurring charges; (v) Governmental Charges (as defined below); and (vi) other charges expressly excluded by
the Agreement.
October 2022
Page 2 of 7
(e) If Client’s Total Service Charges do not meet or exceed the Plan Monthly Minimum Commitment (“PMMC”) indicated in each
Service Order for any billing cycle during the Term, Client must pay the Total Service Charges, plus an amount equal to one hundred
percent (100%) of the difference between the PMMC and Client’s Total Service Charges during such billing cycle (the
“Underutilization Charge”).
(f) With respect to Managed Services, billing will commence upon written acceptance of the Service by the Client. If Client does not
accept or reject the Service, then billing will commence within five (5) calendar days after BCM One has delivered the Service and
declared it to be ready. If there is a good faith dispute between BCM One and Client regarding the readiness of the Service, the
parties will work together to resolve the issue before billing begins. A Managed Service is defined as any service that is monitored,
configured or can be remediated by BCM One.
5. RATES AND CHARGES.
(a) Client shall pay the rates and charges set forth in each Service Order, Order Confirmation and any applicable pricing schedule or
tariff.
(b) Non-recurring charges will be applied to the ordering, moving, changing, rearranging, installation or disconnection of a Service.
(c) In the event that, (i) Client receives any Services that are not expressly set forth in a Service Order, or (ii) Client purchases any
Service after the expiration of a Term, Client shall pay BCM One’s then current out-of-contract rates for any such Service.
(d) The rates set forth in each Service Order as well as the out-of-contract rates are subject to change. Any change to non-tariff
services shall become effective beginning on the first day of the next calendar month following notice to the Client, or thereafter,
on the first day of the next service billing cycle whenever adjustments are made to rates or charges.
6. GOVERNMENTAL CHARGES. BCM One may adjust its rates and charges or impose additional rates and charges in order to recover
fines and other amounts it is required to pay to others in support of statutory or regulatory programs or is permitted by
governmental or quasi-governmental authorities to collect from Clients (“Governmental Charges”). If the rates and/or charges
are adjusted, BCM One shall provide notice to Client of any such change. Any change shall become effective beginning on the
first day of the next calendar month following notice to the Client, or thereafter, on the first day of the next service billing cycle
whenever adjustments are made to rates or charges. Any Governmental Charge will be charged on the monthly invoice following
the date such Governmental Charges are charged to BCM One, or later, as the case may be.
7. TAXES. In addition to payment for the rates and charges for Service(s), Client is responsible for payment of all sales, use, gross
receipts, value added, excise and other local, state and federal taxes, fees, charges and surcharges, however designated, imposed
on or based upon the provision, sale or use of the Services, excluding taxes based on BCM One’s employees, and net income. If
Client claims that its purchase of the Services is subject to tax exemption, Client must furnish BCM One with the proper tax
exemption certificate as authorized by the appropriate taxing authority, or required by statute or regulation. If applicable, BCM
One shall not collect such tax amounts from Client beginning on the date such certificate is provided. However, if BCM One does
not collect such amounts in reliance on Client’s tax exemption certificate, which certificate is later determined to be inadequate,
then, as between BCM One and Client, Client shall be liable for such uncollected amounts and for all interest, penalties and
additions to tax which are determined to be due with respect to such uncollected amounts. BCM One shall not issue any credit(s)
for applicable taxes, tax-like charges and surcharges assessed prior to BCM One’s receipt of Client’s evidence of exemption.
Notwithstanding any Client representation that any exemption application is pending, no exemption shall be available to Client
until Client presents BCM One with the valid certificate(s).
8. PAYMENT. Client must remit payment to BCM One for the full amount indicated in Client’s monthly invoice on or before the due
date printed thereon (“Due Date”). Payments must be made in US Dollars only and at the address designated on the invoice or
such other place as BCM One may designate. Any amount not paid on or before the Due Date, shall be considered to be past due
and subject to a late payment charge equal to the lesser of: (a) one and one-half percent (1.5%) per month, compounded, or (b)
the maximum amount allowed by law, as applied against the past due amounts. Client must not place any condition or restrictive
legend, such as “Paid in Full,” on any check or instrument used to make a payment. The negotiation of any such check or
instrument so inscribed shall not constitute an accord and satisfaction or novation, and Client waives its right to assert any such
defense. Client shall be liable for the payment of all fees and expenses, including reasonable attorney’s fees, incurred by BCM
October 2022
Page 3 of 7
One in collecting, or attempting to collect, any charges owed hereunder. BCM One may, at its discretion, setoff any charges, fees
or any other amounts owed to BCM One by Client in the event of a default from any bond or security deposit given to BCM One
by Client, and BCM One shall notify Client of such setoff.
9. BILLING DISPUTES.
(a) If Client disputes charges or application of taxes, Client must give BCM One written notice of such dispute within thirty (30) days
of the date of the invoice. If notice of a dispute is not received by BCM One within the foregoing thirty (30) day period, such
invoice shall be deemed to be correct and binding on Client. Notwithstanding the foregoing, if any charges are reasonably
disputed by Client, such charges (along with late fees attributable to such charges) shall not be due and payable for a period of
thirty (30) days following the Due Date, provided Client: (i) pays all undisputed charges on or before the respective Due Date, (ii)
presents to BCM One on or before the respective Due Date a detailed written statement disputing such charges which statement
shall include but is not limited to, documents concerning the disputed billing discrepancies, and (iii) negotiates in good faith with
BCM One for the purpose of resolving such dispute within said thirty (30) day period. If Client does not pay any or all of the
undisputed charges, BCM One shall have the right to exercise its remedies as described in Section 11 below. Nothing contained
herein shall limit Client’s right to dispute amounts at any time following the applicable Due Date, however, BCM One shall not be
obligated to consider any notice of disputed charges that it receives more than thirty (30) days following the Due Date of the
respective invoice.
(b) Each party agrees to negotiate in good faith for the purpose of resolving any properly raised dispute(s) relating to the Client’s
invoice, subject to the following:
i. if the dispute is mutually agreed upon and resolved in favor of BCM One, Client agrees to pay BCM One the disputed
charges together with any applicable late fees within ten (10) days of resolution;
ii. if the dispute is mutually agreed upon and resolved in favor of Client, Client will receive a credit for the disputed charges
and the applicable late fees; and
iii. if BCM One has responded to Client’s dispute in writing and the parties fail to mutually resolve or settle the dispute
within the prescribed thirty (30) day period (unless BCM One has agreed in writing to extend such period), all disputed
amounts together with late fees shall be immediately due and payable.
10. TERMINATION FOR CAUSE. Either party may terminate the Agreement or a Service for cause. Except for Client’s failure to pay as
specifically provided in Section 11, “cause” shall mean a material breach of any material provision of the MSA, Service Order,
Order Confirmation or Service Addendum, and such breach is not cured within thirty (30) days after delivery of written notice
from the non-breaching party. BCM One shall not be deemed to be in breach of the Agreement for its failure to meet any
anticipated service installation or delivery date if such failure is caused, in whole or in part, by (i) a Force Majeure event; (ii) actions
by Client or its end users; (iii) construction delays and/or costs; or (iv) inability to install Service(s) in Client’s service location.
11. TERMINATION BY BCM ONE.
(a) Termination with Notice. In the event Client fails to pay an invoice by the Due Date, BCM One may issue a notice of default. In
addition, if Client disputes an invoice, but fails to pay any undisputed charges within ten (10) days of the default notice, such
nonpayment shall be considered “cause” for termination as indicated in Section 10 and BCM One may discontinue one or more
Services and/or terminate the Agreement. Upon thirty (30) days written notice, BCM One may discontinue one or more Services
and/or terminate the Agreement if: (i) after BCM One’s request, Client fails to provide a bond or security deposit; or (ii) if, as
determined by BCM One in good faith, Client provides false information to BCM One regarding the Client’s identity,
creditworthiness, or its planned use of the Services.
(b) Termination or Suspension without Notice. BCM One shall have the right to terminate or suspend one or more Services without
notice to Client, if in the opinion of BCM One; (i) the interruption of the Service(s) is necessary to prevent or protect against fraud
or otherwise protect BCM One’s or any of BCM One’s Clients personnel, facilities, or network; (ii) BCM One has reasonable
evidence of Client’s illegal, improper or unauthorized use of the Services; (iii) is required by legal or regulatory authority, or (iv)
Client’s insolvency, bankruptcy, assignment for the benefit of creditors, appointment of a trustee or receiver or other similar
event.
October 2022
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(c) Any termination, disconnection or suspension of Service(s) shall not relieve Client of any liability incurred prior to such
termination, disconnection or suspension, or for payment of the unaffected Services and applicable data storage fees and charges.
BCM One reserves the right to pursue all available legal remedies if it terminates the MSA, a Service Order or disconnects Service(s)
in accordance with this Section 11. All terms and conditions of the MSA, the Service Order(s), Order Confirmation(s), applicable
Service Addendum(s) or other documentation that are made part of the Agreement shall continue to apply to any Service(s) not
so terminated. If BCM One terminates Service(s) in accordance with this Section 11, and Client wants to restore such Service,
Client must remit all past due charges to BCM One, and may have to pay a reconnection charge and deposit.
12. TERMINATION BY CLIENT.
(a) Client may terminate the MSA, a Service Order, or an Order Confirmation and/or any Service pursuant to Section 10, or upon
Client’s thirty (30) days prior written notice to BCM One, without incurring termination liability as a result of BCM One’s breach
of any law, rule or regulation that affect’s Client’s use of Services(s) and which breach remains uncured at the end of the notice
period. Termination of any Service by Client will be effectuated as set forth in Section 12(b) below
(b) Disconnect Notice. In order for a Service to be disconnected, Client much complete and submit a disconnect request form
(“Disconnect Form”) which is located at http://disconnect.bcmone.com.. Client must provide all information required by BCM
One. Client’s failure to provide complete information may delay or prevent disconnection of its Service(s). Upon receipt of a
completed Disconnect Form, BCM One will review and validate the information provided by Client. BCM One will send notice to
Client once the Disconnect Form is validated, and the Service(s) will be disconnected within thirty (30) days. Client is obligated to
pay for all Services until disconnection is completed.
13. TERMINATION CHARGES. If BCM One terminates the MSA, any Service Order, Order Confirmation or any Service pursuant to
Sections 10 or 11 above, or if Client terminates the MSA, any Service Order, Order Confirmation or any Service for any reason
other than those arising from Sections 10 or 12 above, Client shall be subject to Early Termination Charges as set forth in the MSA,
any Service Order, and any applicable Service Addendum or other documentation that is made part of the Agreement.
14. CONFIDENTIAL INFORMATION. Commencing on the date Client executes the MSA, and continuing for a period of three (3) years
following the termination or expiration of the MSA, each party shall protect as confidential, and shall not disclose to any third
party, any Confidential Information received from the disclosing party or otherwise discovered by the receiving party during the
Term of the MSA, including, but not limited to, the terms of the MSA, Service Orders, Rate Sheets, Order Confirmations, Service
Addendums, Service Level Agreements, all other documentation that is made part of the Agreement, all pricing, network or other
designs, or other information that is marked confidential or bears a marking of like import, or that the disclosing party states
(orally or in writing) is confidential or which under the circumstances surrounding the disclosure, the receiving party knows or
should know is treated as confidential by the disclosing party, as well as any information relating to the disclosing party’s
technology, business affairs, and marketing or sales plans (collectively the “Confidential Information”). The parties shall use
Confidential Information only for the purpose of the Agreement. The foregoing restrictions on use and disclosure of Confidential
Information do not apply to information that: (a) is in the possession of the receiving party at the time of its disclosure and is not
otherwise subject to obligations of confidentiality; (b) is or becomes publicly known through no wrongful act or omission of the
receiving party; (c) is received, without restriction, from a third party free to disclose it without obligation to the disclosing party;
(d) is developed, independently, by the receiving party without reference to the Confidential Information, or (e) is required to be
disclosed by law, regulation, court or governmental order. Client’s data (“Client Data”, which shall also be known and treated by
BCM One as Confidential Information of Client) shall include Client’s data collected, used, processed, stored or generated as the
result of the use of the Services. Client has obtained the necessary consent from its employees to provide BCM One with any
employee related Client Data to perform Services pursuant to the Agreement.
15. DISCLAIMER OF WARRANTIES. Services are provided on an “as is” or “as available” basis. BCM One does not warrant that the
Service(s) will be without failure, delay, interruption, error, degradation of quality or loss of content, data or information, and
except as specifically set forth in the MSA, the Service Orders, Order Confirmations, Service Addendums and any applicable Service
Level Agreement, BCM One makes no other representation or warranties, express or implied, as to any BCM One Service(s),
related products, equipment, software or documentation. BCM One specifically disclaims any and all implied warranties; including
October 2022
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without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement of third
party rights. Broadband speed claim(s) represent maximum downstream and/or upstream capabilities which may vary and are
not guaranteed. Factors including line quality and Client’s distance from the exchange may limit available bandwidth.
16. DISCLAIMER OF CERTAIN DAMAGES. Neither party shall be liable to the other or to any third party for any indirect, consequential,
exemplary, special, incidental or punitive damages, including without limitation loss of use or lost business, revenue, profits or
goodwill, arising in connection with the Agreement, under any theory of tort, contract, indemnity, warranty, strict liability or
negligence, even if the party knew or should have known of the possibility of such damages. Unless otherwise agreed, BCM One’s
sole obligation with regard to any error in the Service or hardware appliance is to provide, as applicable, the remedy set forth in
the applicable Service Level Agreement or the support service terms. BCM One shall not be liable for any claims made against, or
liabilities incurred by, Client as a result of Client’s or BCM One’s performance under the Agreement which may result in Client’s
responsibility for, any and all shortfalls, early termination charges and other charges Client may incur from any previous provider
of similar or identical Services.
17. LIMITATION OF LIABILITY. Client shall be bound by the limitation of liability clause contained in the MSA and any applicable Service
Orders, Service Addendums and other documentation that is made part of the Agreement.
18. INDEMNIFICATION. Client shall indemnify and hold harmless BCM One, its officers, directors, employees, agents, parent, affiliates,
direct and indirect subsidiaries, successors and assigns from and against all claims for damages, liabilities, or expenses, including
reasonable attorney’s fees attributed to, arising out of or resulting from Client’s use of the Services as well as for any violation of
BCM One’s Acceptable Use Policy or Privacy Policy.
19. ASSIGNMENT. Neither party may assign the Agreement or any of its rights thereunder without the prior written consent of the
other party, which consent shall not be unreasonably withheld, except that (a) BCM One may assign its rights and/or obligations
under the Agreement, (i) to any parent, affiliate or subsidiary, (ii) pursuant to any merger, acquisition, reorganization, sale or
transfer of all or substantially all of its assets, or (iii) for purposes of financing; and (b) Client may assign its rights and/or obligations
under the Agreement, (i) to its parent, affiliates or subsidiaries, or (ii) pursuant to any merger, acquisition, reorganization, sale or
transfer of all or substantially all of its assets, provided that any assignment by Client pursuant to this exception is subject to the
following conditions: (a) the proposed assignee satisfies BCM One’s then current credit and deposit standards; (b) Client has fully
paid for all Services through the date of the assignment; and (c) the proposed assignee agrees in writing to be bound by all
provisions of the Agreement. Any assignment in violation of this Section is null and void.
20. USE OF SERVICES. Client is responsible and liable for all use of the Services from its Service locations, with or without its permission.
Client may not resell the Services or transfer the Services to any person or entity other than its employees, without the prior
written consent of BCM One. The Services may not be used for any unlawful, abusive or fraudulent purpose. Client shall defend,
indemnify and hold harmless, BCM One and its suppliers and their officers, directors, agents, affiliates and employees from and
against any claims, liabilities, losses, costs or damages (including legal fees and costs) arising out of any third party claim or
allegation that if true, would constitute a violation of the above. Any violation of this Section shall constitute a material breach
establishing cause for termination of the Agreement by BCM One.
21. UNAUTHORIZED USE OF SERVICES. Client shall bear the risk of loss arising from any unauthorized or fraudulent use of the Services
provided under the Agreement. BCM One reserves the right, but is not required, to take any and all action it deems appropriate,
including blocking access to particular calling numbers or geographic areas, to prevent or terminate any fraud or abuse in
connection with the Services or any use thereof. Client remains responsible for its own network security and security violation
response procedures. Even though a virtual private network ordered from BCM One may enhance Client’s ability to impede
authorized access to its network and data, and may aid Client in detecting potential security breaches and network irregularities,
Client understands and acknowledges that no Service is guaranteed to ensure Client’s network security or to prevent security
incidents, and that BCM One is not responsible for any unauthorized third party or Client employee access to Client’s facilities and
data.
October 2022
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22. TERMS OF USE. Client’s use of the Services is subject to the terms of acceptable use and privacy policy available at
www.bcmone.com/legal/. These policies may be updated from time to time by BCM One upon notice to all Clients by posting on
the BCM One website.
23. ADDITIONAL CLIENT RESPONSIBILITIES. Client shall supply space, equipment, network, wiring, electrical power and environmental
conditions suitable for and compatible with, BCM One’s provision of the Services. Client shall return any BCM One-provided
equipment in good working condition and free from all liens, charges and encumbrances within ten (10) days after termination of
the Service for which it was used, or by agreement, or pay BCM One’s purchase price for the equipment as invoiced by BCM One.
Client shall not, without the prior written consent of BCM One, alter, attempt to repair or remove such equipment from Client’s
premises. Client is solely responsible for maintaining the security of its account, password, files, network and user access. Client
agrees that BCM One does not monitor, review or restrict information, communications, software, photos, video, graphics, music,
sounds, services or other material from third parties via the Services and Client bears all risks associates with the same.
24. USE OF SOFTWARE. Any software application, including without limitation, the BCM One portal or other BCM One website, and
documentation associated with any application as well as any local computer files installed as a result, in each case, provided by
or on behalf of BCM One (“BCM One Software”), may be used in object code form only and solely by Client for Client’s internal
business purposes. Client may not (a) provide, disclose or make BCM One Software available to any third party, or (b) decompile,
reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the United States
Copyright Act) or improvements (as defined by United State Patent Law) from the BCM One Software, no license under patents,
copyrights, trademarks, service marks, trade names or other indicia of origins or other right is granted to Client in the BCM One
Software or in the BCM One trademark, copyright, patent, trade secret or other proprietary rights nor shall any such rights be
implied or arise by estoppel with respect to any transactions contemplated under the Agreement.
25. SERVICE MARKS; TRADEMARKS AND PUBLICITY. Client shall not use any service mark or trademark of BCM One, without prior
written consent. BCM One shall have the right to disclose Client’s use of the Services in connection with any advertising,
promotion, press release or publication.
26. FORCE MAJEURE. If either party’s performance under the MSA, a Service Order, Service Addendum or Service Level Agreement
or any obligation thereunder (excluding the obligation of payment under the Agreement) is prevented, restricted or interfered
with by causes beyond its reasonable control including, but not limited to, acts of God, epidemics, pandemics, quarantines, public
health emergencies, fire, explosion, vandalism, cable cut by a third party, earthquake, storm or other similar occurrence, any law,
order, regulation, direction, action or request of the United States government, or state or local governments, or of any
department, agency, commission, court, bureau, corporation or other instrumentality of anyone or more such governments, or
of any civil or military authority, or by national emergency, insurrection, riot, terrorism, war, accident, strike, lockout or work
stoppage or other labor difficulties, or supplier failure, shortage, breach or delay, then the affected party shall be excused from
such performance on a day-to-day basis to the extent of such restriction or interference. The affected party shall use reasonable
efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or cease.
27. COMPLIANCE WITH LAWS. Each party agrees to comply with all applicable laws in connection with the Agreement, including the
United States Foreign Corrupt Practices Act and similar anti-bribery and anti-corruption laws of other nations, all applicable
import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the
International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign
Assets Control. For clarity, Client is solely responsible for compliance related to the manner in which it chooses to use the Service,
including transfer and processing of content and the provision of content to any users.
28. THIRD PARTY BENEFICIARIES. The Agreement does not create any third-party beneficiary rights in any individual or entity that is
not a party to the Agreement. Notwithstanding the foregoing, a BCM One underlying service provider may be third-party
October 2022
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beneficiary for sole purpose of enforcing any terms of the Agreement that specifically apply to such BCM One underlying service
provider.
29. GOVERNING LAW; VENUE. All matters arising out of and relating to the Agreement (including these Standard and Terms and
Conditions) shall be governed by and construed and enforced in accordance with the laws of the State of Minnestoa without
regard to its choice of law principles. Any action that is or may be commenced by any party pertaining to the Agreement and the
subject matter thereof, shall be commenced in a federal or state court located in Hennepin County, the state of Minnesota. The
parties hereby consent to the jurisdiction of such court, waiving objection to forum non conveniens and personal jurisdiction.
30. NOTICE. Except for disconnect requests, the process for which is outlined in Section 12(b), all notices, requests, or other
communications shall be in writing and either transmitted via overnight courier, electronic mail, facsimile, hand delivery, certified
or registered mail, postage prepaid and return receipt requested to the parties at the following addresses. Notices shall be
deemed to have been given when received (or delivery refused).
To: BCM One Operations Center
BCM One, Inc.
295 Madison Avenue, 5th Floor
New York, NY 10175
Attn. Contract Administration
To: Client: At the billing address indicated in the Agreement.
Either party may change its address by providing notice of such address change to the other party in the manner set forth above.
31. NO WAIVER. The failure to enforce any provision or term of the MSA, Service Order, Rate Sheet, Order Confirmation, Service
Addendum, Service Level Agreement or any other document that becomes part of the Agreement including these Standard Terms
and Conditions, will not act as a waiver of any right contained in any provision or term in any MSA, Service Order, Rate Sheet,
Service Addendum, Service Level Agreement or any other document that becomes part of the Agreement including these Standard
Terms and Conditions.
32. SEVERABILITY. If any provision under the MSA, Service Order, Order Confirmation, Service Addendum, Service Level Agreement
or any other document that becomes part of the Agreement including these Standard Terms and Conditions are declared or held
to be invalid, illegal or unenforceable, all of the foregoing shall be revised only to the extent necessary to make such provision(s)
legal and enforceable, or if impossible, the unaffected portions of either or both shall remain in full force and effect, provided
that the modification is consistent with the original intent.
33. ENTIRE AGREEMENT. These Standard Terms and Conditions, the MSA, Service Order, Order Confirmation, Service Addendum,
Service Level Agreement (and any attachments, or other documents incorporated therein by reference) constitute the entire
agreement with respect to the Services provided pursuant to the Agreement and supersede all other representations,
understandings or agreements that are not expressed herein or therein, whether oral or written.
Page 1 of 2
Client Initial: ___ BCM One Initial: ___
SERVICE ORDER NO. 1 TO MASTER SERVICE AGREEMENT (MSA #___)
Client Information Services Being Ordered By BCM One
Client Name: City of Eden Prairie Services: Internet Services: Select
Billing Address: 8080 Mitchell Rd. Fl/Ste: ___ Services: Managed
Services
Services: Select
Billing Address 2: Eden Prairie, MN 55344 Services: SIP Services: Select
Billing Contact Name: Aditi Salunke Services: Toll Free Services: Select
Billing Contact Number: 952-949-8300 Services: Equipment Services: Select
Billing Contact Email: asalunke@edenprairie.org Tax Exempt (attach forms): Select
*If applicable, please complete technical review ASAP to ensure prompt order placement.
This Service Order No. 1 to Master Service Agreement (MSA #___), together with the attached Rate Schedule(s) (this “Service Order”)
is entered into by and between BCM One, Inc., a New York corporation with its principal offices at 295 Madison Ave., 5th Floor, New
York, NY 10017 (“BCM One”) on behalf of itself its affiliated entities, successors and assigns and City of Eden Prairie with offices at
8080 Mitchell Rd., Eden Prairie, MN 55344 (“Client”). By signing this Service Order and/or using the Service(s) Client consents to the
terms and conditions set forth herein, the MSA, the BCM One Standard Terms and Conditions (the “Terms and Conditions”) and any
applicable Service Addendums and/or service level agreements (collectively the “Agreement”). This Service Order may be subject to
Client meeting BCM One’s standard credit requirements, which may be based on commercially available credit reviews, to which Client
hereby consents. Notwithstanding anything to the contrary contained herein or in any other document, no individual circuit (fractional
DS1/T1 or greater) shall have a term of less than twelve (12) months from the date the circuit is installed. Unless otherwise agreed,
Client must deliver to BCM One all pertinent Client information required to deliver any Service within five (5) days of the Effective
Date.
The Service(s) ordered herein are governed by this Service Order, the MSA, the Terms and Conditions, any applicable Service
Addendums or service level agreements.
1. Unless otherwise specified, all capitalized terms used herein shall have the same meaning as defined in the Agreement.
2. This Service Order shall become effective upon the Effective Date and the initial term of service hereunder shall commence
on the earlier of the first day of the first full billing cycle: (i) for which all of the Services initially ordered hereunder are installed
or implemented, and (ii) ninety (90) days after the Effective Date, and shall continue for Thirty-six (36) consecutive months
thereafter (the “Service Initial Term”). Upon expiration of the Service Initial Term, this Service Order will be automatically renewed
for successive one (1) month terms each of which will be subject to BCM One’s then current out-of-contract rates (each an “Service
Renewal Term” and together with the Service Initial Term, the “Service Term”), unless either party has delivered written notice
of its intent to terminate the Services ordered pursuant to this Service Order at least sixty (60) days prior to the end of the Service
Term. The Term of the MSA is hereby extended by such period of time so as to expire upon the expiration of the Service Term so
as to provide for the effectiveness of the terms and conditions of the MSA with respect to the provision of Services under this
Service Order without extending the term of any of Client's other services.
3. There will be a Plan Monthly Minimum Commitment (“PMMC”) during the Service Term. Each month during the Service
Term, Client agrees to pay BCM One no less than one thousand four hundred eighty-five dollars and thirty-three cents
($1,485.33), (the “PMMC”) in Total Service Charges (as defined in the Terms and Conditions), subject to an adjustment in the
event of termination or non-renewal. All Services provided are subject to the terms and conditions contained in the Agreement.
Either party may terminate this Service Order or a Service without cause during the Service Term upon sixty (60) days prior written
notice, subject to the Terms and Conditions.
Page 2 of 2
4. This Service Order, together with the other documents that make up the Agreement, constitute the complete and exclusive
understanding and agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior or
contemporaneous understandings or agreements of the parties. In the event of a conflict between the express terms of this
Service Order, the MSA, the Terms and Conditions or Service Addendums, this Service Order shall govern; however, unless
expressly modified herein, all terms set forth in the Agreement will remain unchanged and in full force and effect, and the
Agreement is hereby ratified and confirmed by the parties. This Service Order cannot be amended, waived, changed, modified,
or discharged except by an instrument in writing executed by both parties.
5. This Service Order may be executed in any number of counterparts, each of which shall be deemed to be an original, and
all of which together shall constitute one and the same instrument notwithstanding that all parties are not signatories to each
counterpart. Facsimile and digital signatures shall be treated as original signatures for the purpose of enforcing this Service Order.
By signing below, the parties agree to the foregoing and have executed this this Service Order as of the date first written below (the
“Effective Date”).
CLIENT
Signed: ____________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
BCM ONE, INC.
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
Monthly
$159.00
$1,326.33
1,485.33
Unit Price
$0.00
$122.00
$15.00
Unit Price
$22.00
Unit Price
$56.00
MRC
Unit Price
$559.00
$24.99
$75.00
$125.00
$2.50
Unit Price
$100.00
Unit Price
$0.00
$0.00
Unit Price
$0.0240
MRC
MRC
X Date:
Initial:
NRCSite Total
$0.00$1,326.33
Rate/MinQTYRates
$0.02401US48 & CAN: TF Metered Usage
$0.001TFN Port Fee
$0.001LNP-IN
$100.001Additional Adtran 3140 (50 CCs) Router(s)
One-TimeQTYInstallation Services
$42.5017Additional E911 Locations
MonthlyQTYManaged Equipment
$75.001Fully Loaded DID Bundle (100 Pack)
$125.001Fully Loaded DID Bundle (250 Pack)
$559.001
mSIP Unlimited Plan: Unlimited US48 & CAN Inbound & Outbound Calling; (23) Concurrent Call Lines; (1) Toll-
Free Number (see usage rates); (23) DIDs; (23) Inbound & Outbound Caller IDs; (1) # Disaster Recovery Plan;
(1) Adtran NetVanta SBC Router with Monitoring; (1) E911 Location; Access to Customer Portal
$424.8317Additional Concurrent Call Lines w/Unlimited In/Out Minutes
$56.00$159.00
8080 MITCHELL RD, EDEN PRAIRIE, MN 55344
MonthlyQTYVoice Services
$56.001Cable - 100M/25M
NRCSite Total
$22.001Equipment Fee
One-TimeQTYInstallation Services
QTYManaged Equipment
$56.0036 MthsInternet Broadband8080 MITCHELL RD, EDEN PRAIRIE, MN 55344
$0.0036 MthsmSIP 8080 MITCHELL RD, EDEN PRAIRIE, MN 55344
Order Totals 56.00
%%fullName%%%%initialHere%%
$1,485.33 $56.00
Important Information:
All circuits and lines installed by BCM One shall be brought to Client's location minimum point of entry (MPOE). Any extension beyond this point shall be
chargeable by BCM One at the then current time and material rate.
CLIENT/OWNER: City of Eden Prairie
%%signHere%%%%dateSigned%%
Printed Name:
RFQ: 5641892095
ORDER SUMMARY
Location Product Term Install
City of Eden Prairie
Order Totals NRC
ORDER DETAIL BY LOCATION
8080 MITCHELL RD, EDEN PRAIRIE, MN 55344
MonthlyQTYInternet Services
$0.001Monitor, Notify and Restore
$122.001Cable - 100M/25M
$15.001IP Address: 1 Static /30 block
Monthly
Page 1 of 4 Client Initial: ___
SIP SERVICE E-911 AND SERVICE ADDENDUM
The parties acknowledge and agree that all Services provided pursuant to this Service Addendum will be provided by BCM One, Inc.
(“BCM One”) to Client pursuant to the terms of the parties Agreement. The parties agree that solely with respect to the BCM One SIP
Services (hereafter “SIP Services” or “Services”) the following terms shall supplement the terms set forth elsewhere in the Agreement
and in the event of a conflict with such terms, these SIP Service terms shall govern with respect to the SIP Services. Unless otherwise
specified herein, all capitalized terms shall have the same meaning as defined in the Agreement.
UNLIMITED VOICE SERVICES. BCM One reserves the right to periodically review usage levels of unlimited minute service plans to
ensure that Client is not abusing such plan and/or using such service in violation of the terms of this Service Addendum and BCM One’s
Acceptable Use Policy. If such an abuse or violation is discovered, BCM One may terminate or adjust the plan as appropriate. Client
agrees to use the unlimited minute service plans for traditional voice or fax calls of a duration comparable to that of the average small
business clients presently utilizing BCM One’s SIP Service and will not employ methods, devices or procedures to take advantage of
unlimited plans by using the voice or fax services excessively or for means not intended by BCM One. Excessive use is defined by BCM
One as use that substantially exceeds the average call volume or duration used by all other BCM One unlimited plan clients, and
attempting to originate or terminate multiple concurrent phone calls through any single line of service. The following types of services
are specifically prohibited and may not be accessed through BCM One’s unlimited voice service plan: monitoring services, transmission
of broadcasts or transmission of recorded material. BCM One may terminate Client’s service or change Client’s service plan if, in its
sole discretion, BCM One determines that Client’s use of the unlimited plan violates this prohibition, is otherwise “unreasonable” or
results in abuse of the unlimited minute service plan.
BCM One shall consider Client’s use of this Service to be “unreasonable’ and therefore subject to immediate termination if Client:
1. re-sells, re-brands, re-supplies, re-markets or commercially exploits BCM One’s Unlimited Service, without our written
consent, in order to aggregate traffic from more than one client over an “unlimited” line or trunk;
2. sets up routing functionality such that only outbound long-distance traffic is sent over the Unlimited Service; or
3. engages in any other conduct which is fraudulent, illegal, harassing or results in significant network congestion, or
degradation.
BCM One shall consider Client’s use of our SIP Service to be “abusive” and subject to immediate termination or adjustment if Client
utilizes:
1. autodialing, predictive-dialing, or robo-dialing;
2. continuous, repetitive or extensive call forwarding;
3. harassing, threatening or abusive calls;
4. unsolicited calls if such unsolicited activities could reasonably be expected to, or actually do in fact, provoke complaints;
5. false information for Client or any users of the SIP Service;
6. continuous or extensive chat line or conference call participation;
7. free conference calling or similar services that participate in traffic simulation practices or schemes that result in excessive
charges;
8. repetitive and/or continuous messaging or calling to the same destination number if such activity could reasonably be
expected to, or in fact actually does, provoke complaints;
9. long duration calls (defined as calls to the same number in excess of four (4) hours (continuous or cumulative) within a
twenty-four (24) hour period) and/or calls placed to specific numbers/destinations for the purpose of generating charges or fees for or with a third party;
10. calls that do not consist of uninterrupted live human voice dialog by and between natural human beings;
11. continuous call session connectivity;
12. fax broadcasting;
13. fax blasting;
14. telemarketing; or
15. any other activity that would be inconsistent with reasonable business use patterns, which cause network congestion or
jeopardizes the integrity of BCM One’s network.
Page 2 of 4 Client Initial: ___
911 / E911 DIALING SERVICE GUIDELINES
EMERGENCY SERVICES- 911 DIALING & NON-VOICE SYSTEMS.
Minimum Requirements: Due to FCC rulings and regulations, all Clients who are using BCM One SIP Services as their primary business
telephone carrier must activate 911 Emergency Services on at least one DID per location.
Non-Availability of Traditional 911 or E911 Dialing Service:
Client acknowledges and understands that the Service does NOT support traditional 911 or E911 access to emergency services. BCM
One offers a limited 911-type service and that service is different in several important ways (some, but not necessarily all, of which
are described in this Service Addendum) from traditional 911 service. Client agrees to inform any it’s end users and third persons who
may be present at the physical location where Client utilizes the Service of the non-availability of traditional 911 or E911 dialing from
Client’s SIP Service and equipment.
Description of 911-Type Dialing Capabilities – Activation Required:
BCM One offers a 911-type dialing service in certain areas within the U.S. (but may not offer such service in certain areas of the U.S.
or non-U.S. locations) that is different in several important ways from traditional 911 services. Unless Client makes changes when
Client dials 911, Client’s call will be routed from the BCM One network to the Public Safety Answering Point (PSAP) or local emergency
service personnel designated for the address that Client listed at the time of activation. Client acknowledges and understands that
when Client dials 911 from Client’s equipment it is intended that the call will be routed to the general telephone number for the PSAP
or local emergency service provider and may not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming
911 calls using traditional 911 dialing. Client acknowledges and understands that Client’s 911 call may not be routed to a PSAP but
instead may be routed to a central call center where Client will have to provide Client’s location. BCM One relies on third parties for
the forwarding of information underlying such routing, and accordingly, BCM One and its third-party provider(s) disclaim any and all
liability or responsibility in the event such information or routing is incorrect. As described herein, this 911-type dialing currently is
NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911
dialing. Neither BCM One nor its officers, directors, employees, affiliates, agents direct or indirect subsidiaries may be held liable for
any claim, damage, or loss, and Client hereby waives any and all such claims or causes of action, arising from or relating to 911 dialing.
Client agrees to indemnify and hold harmless BCM One and its third-party provider(s) from any claim or action arising out of misroutes
of 911 calls, including but not limited to Client failure to follow correct activation procedures for 911 calling or Client provision to BCM
One of incorrect information in connection therewith. As described above, all calls dialed by handset extensions included in Client’s account with BCM One will be routed from the BCM One network to the PSAP or local emergency service personnel designated for
the address that Client listed at the time of activation. In the event that Client equipment is used in multiple locations, or in the event
that one or more items of equipment are used in multiple locations, end users designated as administrators on Client’s account may,
at Client’s option, create additional service locations and associate Client equipment to specific locations for the purposes of routing
calls to the local PSAPs for such locations. Individual end users may assign and re-assign their current location on an as-needed basis.
Those updates can be made by opening a trouble-ticket with BCM One (troubleticket@bcmone.com). It is Client’s sole responsibility
to request these changes and to ensure that all of its end users and other third persons who may be present at the physical location(s)
where Client utilizes the Service are aware of this option.
Service Outage
Power Failure or Disruption: Client acknowledges and understands that 911 dialing does not function in the event of a power failure
or disruption. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored.
A power failure or disruption may require Client to reset or reconfigure equipment prior to utilizing the Service or 911 dialing.
Broadband Service / ISP Outage or Termination / Suspension or Termination by BCM One: Client acknowledges and understands
that service outages or suspension or termination of service by Client’s broadband provider and/or ISP or by BCM One will prevent
ALL Service including 911 dialing.
Service Outage Due to Suspension of Client Account: Client acknowledges and understands that service outages due to suspension
of Client account as a result of billing issues will prevent ALL Service, including 911 dialing.
Other Service Outages: Client acknowledges and understands that if there is a service outage for ANY reason, such outage will prevent
ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described
elsewhere in this Service Addendum.
Page 3 of 4 Client Initial: ___
Limitation of Liability and Indemnification: Client acknowledges and understands that BCM One’s liability is limited for any Service
outage and/or inability to dial 911 from Client’s line or to access emergency service personnel, as set forth in this Service Addendum.
Client agrees to defend, indemnify, and hold harmless BCM One, its officers, directors, employees, affiliates, agents, direct and indirect
subsidiaries and any service provider who furnishes services to Client in connection with the parties Agreement, from any and all
claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by, or on behalf
of, Client or any third party or user of Client’s Service relating to the absence, failure or outage of the Service, including 911 dialing
and/or inability of Client or any third person or party or user of Client’s Service to be able to dial 911 or to access emergency service
personnel.
Failure to Designate the Correct Physical Address When Activating 911 Dialing: Failure to provide the current and correct physical
address(es) and location(s) of Client equipment will result in any 911 communications Client may make being routed to the incorrect
local emergency service provider. This must be the actual physical street address where the equipment is located, not a post office
box, mail drop or similar address.
Requires Notification if Client Changes, Adds or Ports New Numbers: Client acknowledges and understands that 911 dialing does not
function if Client changes Client’s phone number or (for such newly added or ported numbers) if Client adds or ports new numbers to
Client’s account, unless and until Client has successfully notified BCM One of the correct address for Client’s changed, newly added or
newly ported number.
To ensure any E911 call is routed properly Client must set Client outbound caller ID value to the specific 10-digit number (DID) Client
is purchasing E911 service for. This is how the BCM One network identifies Client and Client’s location to determine which PSAP the
call get routed to.
NOTE: Failure to set the correct caller ID value will result in a non-refundable surcharge per each incorrectly configured E911 call.
Requires Notification if Client Moves or Changes Location: Client acknowledges and understands that 911 dialing does not function
properly or at all if Client moves or otherwise changes the physical location of Client equipment to a different street address, unless
and until Client has successfully notified BCM One of such change in location and the correct address. Failure to provide the current
and correct physical address(es) and location(s) of Client equipment will result in any 911 dialing Client may make being routed to the
incorrect local emergency service provider.
NOTE: Failure to register a valid physical address to the number Client is calling from will result in a non-refundable surcharge per
each incorrectly configured E911 call.
Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911: Due to the technical constraints on the
manner in which it is possible to provide the 911 dialing feature for the Service at this time, Client acknowledges and understands that
there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing Client
equipment as compared to traditional 911 dialing over traditional public telephone networks. Client acknowledges and understands
that 911 dialing from Client equipment will be routed to the general telephone number for the local emergency service provider and will not be routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls at such local provider’s facilities
when such calls are routed using traditional 911 dialing. Client acknowledges and understands that there may be a greater possibility
that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer,
as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using
traditional 911 dialing. Client acknowledges and accepts that BCM One relies on third parties for the forwarding of information
underlying such routing, and accordingly BCM One and its third-party provider(s) disclaim any and all liability or responsibility in the
event such information or routing is incorrect. BCM One its officers, directors, employees, affiliates, agents, direct or indirect
subsidiaries may not be held liable for any claim, damage, or loss, and Client hereby waives any and all such claims or causes of action,
arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss
constitutes gross negligence, or intentional misconduct on the part of BCM One.
Automated Number Identification: At this time in the technical development of BCM One 911 dialing, it may or may not be possible
for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify Client’s phone number when Client dials
911. BCM One’s system is configured in most instances to send the automated number identification information; however, one or
more telephone companies, not BCM One, route the traffic to the PSAP and the PSAP itself must be able to receive the information
and pass it along properly, and PSAPs are not yet always technically capable of doing so. Client acknowledges and understands that
PSAP and emergency personnel may or may not be able to identify Client’s phone number in order to call Client back if the call is
unable to be completed, is dropped or disconnected, or if Client is unable to speak to tell them Client’s phone number and/or if the
Page 4 of 4 Client Initial: ___
Service is not operational for any reason, including without limitation those listed elsewhere in this Service Addendum.
Automated Location Identification: At this time in the technical development of BCM One 911 Dialing, it is not possible to transmit
identification of the address that Client has listed to the Public Safety Answering Point (PSAP) and local emergency personnel for Client’s area when Client dials 911. Client acknowledges and understands that Client will need to state the nature of the emergency
promptly and clearly, including location, as PSAP and emergency personnel will NOT have this information. Client acknowledges and
understands that PSAP and emergency personnel will not be able to find Client location if the call is unable to be completed, is dropped
or disconnected, if Client is unable to speak to tell them the location and/or if the Service is not operational for any reason, including
without limitation those listed elsewhere in this Service Addendum.
Alternative 911 Arrangements: Client acknowledges that BCM One does not offer primary line or lifeline services. Client should always
have an alternative means of accessing traditional E911 services. Client acknowledges that the equipment and Services do not support
911 emergency dialing or other emergency functions. Client agrees to notify any user of the Services, who may place calls using Client’s
phone services, of the 911 limitations. BCM One advises Client to maintain an alternative means of accessing traditional 911 services
such as traditional telephones and cellular phones.
Non-Voice Systems: Client acknowledges that the Services are not set up to function with outbound-dialing systems including home
security systems, medical monitoring equipment, satellite television systems, credit card terminals, elevator lines and some facsimile
systems. Client will have no claim against BCM One for interruption or disruption of such systems by the Service.
Force Majeure: BCM One is not responsible or liable to Client for its failure to perform any of its obligations caused by a Force Majeure
as defined in the parties Agreement.
TELEPHONY HARDWARE.
Telephony rentals and new hardware (“Telephony Hardware” or “Devices”) is pre-configured by BCM One. Client may not change the
electronic serial number or equipment identifier on any Device or perform a factory resetting on any Device. Client understands and
accepts that may not make its own changes to these Devices while using the Service. Client made configuration changes can cause the
Service to become disabled. Client will be charged a professional service fee by BCM One for reconfiguring Devices that have been
tampered with.
Any Telephony Hardware purchased through BCM One is the property of Client. There is a limited one (1) year warranty on all
Telephony Hardware. Damage caused to any Device outside of manufactures defect is the responsibility of Client. This includes, but
may not be limited to power surges, theft, water damage or damage due to improperly securing Devices.
BCM One does not provide any warranties for previously purchased Devices from other sources beyond BCM One that have been
reprovisioned on the Service. There are many variables such as Device firmware versions that are introduced with Telephony Hardware
that is not provided from BCM One.
Upon request BCM One may provide a list of Device manufactures and models that can be reprovisioned on BCM One SIP platform. It
is Client’s responsibility to ensure any reprovisioned Devices are set to the correct firmware BCM One supports. Non-compliant
firmware can affect the users experience which may not be correctable by BCM One technical support. BCM One may charge a fee for existing Devices that are reprovisioned to BCM One SIP Service unless otherwise noted in the Agreement.
Additional Terms. Client acknowledges that in the event that it is not utilizing BCM One managed internet services for these SIP
Services, the SIP Services will be provided without a binding Service Level Agreement, which means there is no mean time to repair
(“MTR”). Accordingly, if Client has a service issue, including but not limited to a service issue caused by a Client network outage, Client
provided equipment (“CPE”), Client network configurations and/or Client provided internet services that may cause degradation to
the SIP Service, BCM One will not issue credits to Client for its downtime or degradation of services. Moreover, Client shall ensure
that the SIP Service will not be used for the transmission or receipt of data, including but not limited to faxes, point of sale terminals,
credit card authorization terminals or alarm lines. Alarm lines are not supported by the SIP Service due to the method by which alarm
lines signal the central monitoring station (e.g. no error correction, no facilities for jitter and/or delay, and the like).
Page 1 of 3 v. April 2021
BCM One SIP Service Level Agreement
This Service Level Agreement (“SLA”) sets forth the performance metrics applicable to BCM One’s SIP Services (the
“Service”). The provisions of this SLA state Client's sole and exclusive remedies for Service interruptions and Service
deficiencies of any kind. Unless otherwise specified herein, all capitalized terms shall have the same meaning as defined
in the Agreement.
Definitions
The following terms and definitions shall be used in this Service Level Agreement:
Force Majeure – As defined in the Client's BCM One Master Service Agreement.
Local Loop – A “Local Loop” is the physical connection provided by a third-party service provider delivering physical
connectivity between the Client and the BCM One network and service facilities.
Measurement Period – The measurement period begins on the first day of each calendar month and ends on the last day
of the same calendar month. For service initiation, the measurement period begins on the first day of the next full month
after service is initiated. For service termination, the final measurement period is the last full month prior to service
termination.
Outage – An Outage is defined as the Client’s inability to make or receive any telephone calls because of application or
network issues related solely to network elements directly under the exclusive control of BCM One.
Scheduled Maintenance - means any time period during which the Service will not be available as determined by BCM
One with notice to Client via email or other communication at least three (3) days before maintenance is scheduled to
begin.
SIP Trunk – A “SIP Trunk” is a virtual pipe that utilizes to provide SIP service. A single SIP Trunk may have multiple
concurrent call sessions associated with it.
Service Availability
Service Level Commitment
BCM One is committed to maintain an end to end, Service and Network Availability (as defined below) of 99.9 %.
Required Client Participation for SIP Trunking Users
SIP Trunking Clients will review and implement BCM One redundancy and security measures for using BCM One service
as outlined in the implementation and planning guide which will be provided to Client when the Service is onboarded.
Failure to set up BCM One redundancy measures will void this SLA.
Page 2 of 3 v. April 2021
Measurement
The availability of the Service (“Network Availability”) is measured by “Network Downtime”, which exists when a particular
BCM One Port is unable to transmit and receive data. Network Downtime is measured from the time a trouble ticket is
opened by the Client to the time the Affected Service is again able to transmit and receive data. “Affected Service” means
the Port that fails to meet the applicable Goal. If Client is due credits pursuant to this SLA, Client may not leverage any
other SLA(s) and apply it to the same event.
“Service or Network Availability” is the ratio of time the core service and network are capable of accepting and delivering
information to the total time in the Measurement Period. Service and Network Availability is expressed as a percentage.
Components Included
This is a Service and Network wide measurement.
Components Excluded
The following shall be excluded from any service or network outage time when calculating the Service and Network
Availability (“Excused Outage”):
• Service and/or network downtime during any scheduled or emergency maintenance periods.
• Service interruptions, deficiencies, degradations or delays during any period in which BCM One or anyone
on its behalf are not afforded access to the premises where access lines associated with the Service are
terminated or BCM One Equipment/Hardware is located.
• Service and/or network downtime due to Force Majeure.
• Failures due to the Local Loop facilities.
• Client’s own negligent, reckless or intentional acts or omissions.
• Service and/or network downtime due to failure of any network or system provided by Client or any third
party.
• Service downtime or failure due to transport services provided to Client by a third party.
• Service and/or network downtime due to incorrect routing, setup, or provisioning of Client’s IP PBX or
other CPE, which is the responsibility of Client regardless of who provided the equipment.
• Service downtime related to any lines added, removed, or re-configured during the month.
• Service downtime associated with lines used as backup or alternate routes.
• “No Trouble Found” trouble tickets.
Service and/or Network Availability Remedies
Upon notification by the Client and verification by BCM One that the Service and/or Network Availability is below the
committed Service and Network Availability for the Measurement Period, BCM One shall apply a credit equal to ten
percent (10%) of the monthly service charge for the affected SIP Trunk pursuant to the parties Agreement. Such credit
shall be Client's sole and exclusive remedy for BCM One's failure to meet the committed Service and Network Availability.
Client must request credit within sixty (60) days of the validated Outage. BCM One reserves the right to determine if an
Outage is considered a validated Outage. Requests for credits may take up to 30 days to research and review; Client
remains responsible for paying its invoices and will receive a credit after the 30-day review period.
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Mean Time to Respond
Service Level Commitment
BCM One will use commercially reasonable efforts to maintain a maximum Mean Time to Respond of two (2) hours. BCM
One will accept trouble calls from Client 24 x 7 x 365. All calls should be made to 888.543.2000. Client may also contact
BCM One by opening a trouble ticket. Within two (2) hours of opening a trouble ticket, a BCM One representative will
attempt to contact the Client and inform the Client of the Estimated Time to Restore (“ETTR”). If a significant change in
the ETTR occurs, BCM One will attempt to provide an update to the ETTR to the Client. All trouble tickets should be directed
to troubleticket@bcmone.com.
Mean Time to Restore
Service Level Commitment
BCM One will use commercially reasonable efforts to maintain a maximum Mean Time to Restore of four (4) hours.
Maximum Allowable Remedy
At no time will multiple remedies be provided to the Client for the same, similar or related problems on the same SIP
Trunk. Client's sole and exclusive remedy for BCM One's failure to meet the committed Service Availability or other failure
to meet the foregoing guidelines shall be the credit outlined in the applicable section. The maximum allowable remedy in
a given Measurement Period will be ten percent (10%) for each line or user service affected.
THE CLIENT UNDERSTANDS THAT THE SERVICES, NETWORKS AND EQUIPMENT REFERRED TO HEREIN WILL BE FURNISHED
“AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. OTHER THAN ANY LIMITED WARRANTY THAT MAY BE
GIVEN TO CLIENT UNDER THE PARTIES MASTER SERVICE AGREEMENT, BCM ONE MAKES AND CLIENT RECEIVES NO
WARRANTIES, EXPRESS, IMPLIED, STATUTORY, IN THIS SLA OR IN ANY COMMUNICATION WITH CLIENT REGARDING SUCH
SERVICES, NETWORK OR EQUIPMENT. BCM ONE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. BCM ONE EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT OF INFORMATION TRANSMITTED BY
CLIENT OR THE RESULTS OF ANY TRANSMISSION. BCM ONE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES,
NETWORKS OR EQUIPMENT COVERED BY THIS SLA WILL BE UNINTERRUPED OR ERROR FREE.
Chronic Outage
Client understands that minor interruptions in service may occur during BCM One’s provision of SIP Services to Client. As
used herein, the term Excused Outage shall have the same meaning as set forth in this SLA. All other outages are “Non-
Excused Outages.” In the event Client: (i) opens five (5) or more trouble tickets for the same trouble within a thirty (30)
day period, (ii) has one (1) service outage that has continued for twenty-four (24) or more consecutive hours, or (iii) has
service outages of one hundred twenty (120) hours or more over one hundred eighty (180) consecutive days, and the
cause of each such trouble is determined to be in BCM One’s network, as Client’s remedy, it may (a) give BCM One notice
that it wishes to have BCM One migrate its telephone services to another BCM One SIP provider, and (b) BCM One shall
comply at no cost to Client, provided that (i) Client gives BCM One notice of the event giving rise to its request for a
replacement BCM One SIP provider within thirty (30) days thereof; and (ii) Client cooperates with BCM One in effectuating
a replacement of the SIP provider. Any change to Client’s Agreement resulting from an application of this clause must be
in writing and signed by both Parties.
October 2022
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Master Service Agreement
Standard Terms and Conditions
These Standard Terms and Conditions, are an integral part of the BCM One, Inc. and it Affiliated Entities (“BCM One”) Master
Service Agreement (“MSA”), Service Orders, Rate Schedules, Service Addendums, and other documents annexed thereto and
made part thereof (collectively the “Agreement”) by and between BCM One (on behalf of itself, its parent, affiliates, successors,
and assigns), and the Client and shall be deemed accepted by, and binding upon, Client in accordance with the terms of the
Agreement. These Standard Terms and Conditions are subject to change upon written notice to Client.
1. SERVICES. BCM One shall provide to Client the services set forth in the Service Order(s) or other accepted order form (each a
“Service,” and, collectively, the “Services”) all of which are subject to the terms and conditions of the MSA and any accompanying
documentation, including but not limited to Rate Schedules, Service Addendums, applicable service level agreements as well as
any policies that may describe the Service(s) being purchased (the “Agreement”). All of these form the final written Agreement
between BCM One and the Client. Services are subject to availability and BCM One has the right not to accept any order for
Service submitted by Client.
2. TARIFF. If applicable, BCM One’s provision of Services to Client shall be governed by BCM One’s international, interstate, and
state tariffs (“Tariff(s)). The Tariff(s) is incorporated by reference and made part of the Agreement. Client acknowledges and
agrees that BCM One may change, terminate, adjust and/or modify any and/or all of the provisions of its Tariff(s) from time to
time, and any modification shall be binding upon Client from the time filed and notice provided to Client. Except for new services,
service features, service options, or service promotions, which shall become effective immediately upon the delivery of
notification to Client, any modification made to the Tariff(s) or Services shall become effective beginning on the first day of the
next calendar month following notice to the Client, or thereafter, on the first day of the next service billing cycle whenever
adjustments are made to rates or charges. The rates, terms and conditions that shall apply in connection with the Services
pursuant to the applicable tariffs are subject to change in accordance with the rules of the applicable state regulatory commission
and/or Federal Communications Commission (the “FCC”). The contractual relationship between BCM One and Client shall be
governed by the following order of precedence: (a) the Tariff(s) to the extent applicable, (b) the Agreement, and (c) these Standard
Terms and Conditions.
3. TERM. The term and any renewal terms of the MSA and each Service Order shall be governed by the time period stated therein
(the “Term”). If the MSA and/or Service Order do not contain a renewal period, the Term will be automatically renewed for
successive one (1) month terms at BCM One’s then current out-of-contract rates, unless cancelled by either party pursuant to the
terms of the MSA and/or Service Order.
4. SERVICE CHARGES. Client shall pay to BCM One, during each month of the Term, no less than the amount service charges
contained in each monthly invoice.
(a) Services are billed on a monthly basis.
(b) Services are invoiced in advance, but usage charges are invoiced in arrears.
(c) All non-recurring charges, which are non-refundable, will appear on the applicable monthly invoice.
(d) “Total Service Charges” means all charges, after application of all discounts and credits, for each Service provided to Client,
specifically excluding (i) taxes, tax-like charges and tax-related surcharges; (ii) charges for equipment and colocation (unless made
part of Client’s PMMC); (iii) liabilities incurred by BCM One as a result of ordering, changing or providing facilities to operate the
Services; (iv) non-recurring charges; (v) Governmental Charges (as defined below); and (vi) other charges expressly excluded by
the Agreement.
October 2022
Page 2 of 7
(e) If Client’s Total Service Charges do not meet or exceed the Plan Monthly Minimum Commitment (“PMMC”) indicated in each
Service Order for any billing cycle during the Term, Client must pay the Total Service Charges, plus an amount equal to one hundred
percent (100%) of the difference between the PMMC and Client’s Total Service Charges during such billing cycle (the
“Underutilization Charge”).
(f) With respect to Managed Services, billing will commence upon written acceptance of the Service by the Client. If Client does not
accept or reject the Service, then billing will commence within five (5) calendar days after BCM One has delivered the Service and
declared it to be ready. If there is a good faith dispute between BCM One and Client regarding the readiness of the Service, the
parties will work together to resolve the issue before billing begins. A Managed Service is defined as any service that is monitored,
configured or can be remediated by BCM One.
5. RATES AND CHARGES.
(a) Client shall pay the rates and charges set forth in each Service Order, Order Confirmation and any applicable pricing schedule or
tariff.
(b) Non-recurring charges will be applied to the ordering, moving, changing, rearranging, installation or disconnection of a Service.
(c) In the event that, (i) Client receives any Services that are not expressly set forth in a Service Order, or (ii) Client purchases any
Service after the expiration of a Term, Client shall pay BCM One’s then current out-of-contract rates for any such Service.
(d) The rates set forth in each Service Order as well as the out-of-contract rates are subject to change. Any change to non-tariff
services shall become effective beginning on the first day of the next calendar month following notice to the Client, or thereafter,
on the first day of the next service billing cycle whenever adjustments are made to rates or charges.
6. GOVERNMENTAL CHARGES. BCM One may adjust its rates and charges or impose additional rates and charges in order to recover
fines and other amounts it is required to pay to others in support of statutory or regulatory programs or is permitted by
governmental or quasi-governmental authorities to collect from Clients (“Governmental Charges”). If the rates and/or charges
are adjusted, BCM One shall provide notice to Client of any such change. Any change shall become effective beginning on the
first day of the next calendar month following notice to the Client, or thereafter, on the first day of the next service billing cycle
whenever adjustments are made to rates or charges. Any Governmental Charge will be charged on the monthly invoice following
the date such Governmental Charges are charged to BCM One, or later, as the case may be.
7. TAXES. In addition to payment for the rates and charges for Service(s), Client is responsible for payment of all sales, use, gross
receipts, value added, excise and other local, state and federal taxes, fees, charges and surcharges, however designated, imposed
on or based upon the provision, sale or use of the Services, excluding taxes based on BCM One’s employees, and net income. If
Client claims that its purchase of the Services is subject to tax exemption, Client must furnish BCM One with the proper tax
exemption certificate as authorized by the appropriate taxing authority, or required by statute or regulation. If applicable, BCM
One shall not collect such tax amounts from Client beginning on the date such certificate is provided. However, if BCM One does
not collect such amounts in reliance on Client’s tax exemption certificate, which certificate is later determined to be inadequate,
then, as between BCM One and Client, Client shall be liable for such uncollected amounts and for all interest, penalties and
additions to tax which are determined to be due with respect to such uncollected amounts. BCM One shall not issue any credit(s)
for applicable taxes, tax-like charges and surcharges assessed prior to BCM One’s receipt of Client’s evidence of exemption.
Notwithstanding any Client representation that any exemption application is pending, no exemption shall be available to Client
until Client presents BCM One with the valid certificate(s).
8. PAYMENT. Client must remit payment to BCM One for the full amount indicated in Client’s monthly invoice on or before the due
date printed thereon (“Due Date”). Payments must be made in US Dollars only and at the address designated on the invoice or
such other place as BCM One may designate. Any amount not paid on or before the Due Date, shall be considered to be past due
and subject to a late payment charge equal to the lesser of: (a) one and one-half percent (1.5%) per month, compounded, or (b)
the maximum amount allowed by law, as applied against the past due amounts. Client must not place any condition or restrictive
legend, such as “Paid in Full,” on any check or instrument used to make a payment. The negotiation of any such check or
instrument so inscribed shall not constitute an accord and satisfaction or novation, and Client waives its right to assert any such
defense. Client shall be liable for the payment of all fees and expenses, including reasonable attorney’s fees, incurred by BCM
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One in collecting, or attempting to collect, any charges owed hereunder. BCM One may, at its discretion, setoff any charges, fees
or any other amounts owed to BCM One by Client in the event of a default from any bond or security deposit given to BCM One
by Client, and BCM One shall notify Client of such setoff.
9. BILLING DISPUTES.
(a) If Client disputes charges or application of taxes, Client must give BCM One written notice of such dispute within thirty (30) days
of the date of the invoice. If notice of a dispute is not received by BCM One within the foregoing thirty (30) day period, such
invoice shall be deemed to be correct and binding on Client. Notwithstanding the foregoing, if any charges are reasonably
disputed by Client, such charges (along with late fees attributable to such charges) shall not be due and payable for a period of
thirty (30) days following the Due Date, provided Client: (i) pays all undisputed charges on or before the respective Due Date, (ii)
presents to BCM One on or before the respective Due Date a detailed written statement disputing such charges which statement
shall include but is not limited to, documents concerning the disputed billing discrepancies, and (iii) negotiates in good faith with
BCM One for the purpose of resolving such dispute within said thirty (30) day period. If Client does not pay any or all of the
undisputed charges, BCM One shall have the right to exercise its remedies as described in Section 11 below. Nothing contained
herein shall limit Client’s right to dispute amounts at any time following the applicable Due Date, however, BCM One shall not be
obligated to consider any notice of disputed charges that it receives more than thirty (30) days following the Due Date of the
respective invoice.
(b) Each party agrees to negotiate in good faith for the purpose of resolving any properly raised dispute(s) relating to the Client’s
invoice, subject to the following:
i. if the dispute is mutually agreed upon and resolved in favor of BCM One, Client agrees to pay BCM One the disputed
charges together with any applicable late fees within ten (10) days of resolution;
ii. if the dispute is mutually agreed upon and resolved in favor of Client, Client will receive a credit for the disputed charges
and the applicable late fees; and
iii. if BCM One has responded to Client’s dispute in writing and the parties fail to mutually resolve or settle the dispute
within the prescribed thirty (30) day period (unless BCM One has agreed in writing to extend such period), all disputed
amounts together with late fees shall be immediately due and payable.
10. TERMINATION FOR CAUSE. Either party may terminate the Agreement or a Service for cause. Except for Client’s failure to pay as
specifically provided in Section 11, “cause” shall mean a material breach of any material provision of the MSA, Service Order,
Order Confirmation or Service Addendum, and such breach is not cured within thirty (30) days after delivery of written notice
from the non-breaching party. BCM One shall not be deemed to be in breach of the Agreement for its failure to meet any
anticipated service installation or delivery date if such failure is caused, in whole or in part, by (i) a Force Majeure event; (ii) actions
by Client or its end users; (iii) construction delays and/or costs; or (iv) inability to install Service(s) in Client’s service location.
11. TERMINATION BY BCM ONE.
(a) Termination with Notice. In the event Client fails to pay an invoice by the Due Date, BCM One may issue a notice of default. In
addition, if Client disputes an invoice, but fails to pay any undisputed charges within ten (10) days of the default notice, such
nonpayment shall be considered “cause” for termination as indicated in Section 10 and BCM One may discontinue one or more
Services and/or terminate the Agreement. Upon thirty (30) days written notice, BCM One may discontinue one or more Services
and/or terminate the Agreement if: (i) after BCM One’s request, Client fails to provide a bond or security deposit; or (ii) if, as
determined by BCM One in good faith, Client provides false information to BCM One regarding the Client’s identity,
creditworthiness, or its planned use of the Services.
(b) Termination or Suspension without Notice. BCM One shall have the right to terminate or suspend one or more Services without
notice to Client, if in the opinion of BCM One; (i) the interruption of the Service(s) is necessary to prevent or protect against fraud
or otherwise protect BCM One’s or any of BCM One’s Clients personnel, facilities, or network; (ii) BCM One has reasonable
evidence of Client’s illegal, improper or unauthorized use of the Services; (iii) is required by legal or regulatory authority, or (iv)
Client’s insolvency, bankruptcy, assignment for the benefit of creditors, appointment of a trustee or receiver or other similar
event.
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(c) Any termination, disconnection or suspension of Service(s) shall not relieve Client of any liability incurred prior to such
termination, disconnection or suspension, or for payment of the unaffected Services and applicable data storage fees and charges.
BCM One reserves the right to pursue all available legal remedies if it terminates the MSA, a Service Order or disconnects Service(s)
in accordance with this Section 11. All terms and conditions of the MSA, the Service Order(s), Order Confirmation(s), applicable
Service Addendum(s) or other documentation that are made part of the Agreement shall continue to apply to any Service(s) not
so terminated. If BCM One terminates Service(s) in accordance with this Section 11, and Client wants to restore such Service,
Client must remit all past due charges to BCM One, and may have to pay a reconnection charge and deposit.
12. TERMINATION BY CLIENT.
(a) Client may terminate the MSA, a Service Order, or an Order Confirmation and/or any Service pursuant to Section 10, or upon
Client’s thirty (30) days prior written notice to BCM One, without incurring termination liability as a result of BCM One’s breach
of any law, rule or regulation that affect’s Client’s use of Services(s) and which breach remains uncured at the end of the notice
period. Termination of any Service by Client will be effectuated as set forth in Section 12(b) below
(b) Disconnect Notice. In order for a Service to be disconnected, Client much complete and submit a disconnect request form
(“Disconnect Form”) which is located at http://disconnect.bcmone.com.. Client must provide all information required by BCM
One. Client’s failure to provide complete information may delay or prevent disconnection of its Service(s). Upon receipt of a
completed Disconnect Form, BCM One will review and validate the information provided by Client. BCM One will send notice to
Client once the Disconnect Form is validated, and the Service(s) will be disconnected within thirty (30) days. Client is obligated to
pay for all Services until disconnection is completed.
13. TERMINATION CHARGES. If BCM One terminates the MSA, any Service Order, Order Confirmation or any Service pursuant to
Sections 10 or 11 above, or if Client terminates the MSA, any Service Order, Order Confirmation or any Service for any reason
other than those arising from Sections 10 or 12 above, Client shall be subject to Early Termination Charges as set forth in the MSA,
any Service Order, and any applicable Service Addendum or other documentation that is made part of the Agreement.
14. CONFIDENTIAL INFORMATION. Commencing on the date Client executes the MSA, and continuing for a period of three (3) years
following the termination or expiration of the MSA, each party shall protect as confidential, and shall not disclose to any third
party, any Confidential Information received from the disclosing party or otherwise discovered by the receiving party during the
Term of the MSA, including, but not limited to, the terms of the MSA, Service Orders, Rate Sheets, Order Confirmations, Service
Addendums, Service Level Agreements, all other documentation that is made part of the Agreement, all pricing, network or other
designs, or other information that is marked confidential or bears a marking of like import, or that the disclosing party states
(orally or in writing) is confidential or which under the circumstances surrounding the disclosure, the receiving party knows or
should know is treated as confidential by the disclosing party, as well as any information relating to the disclosing party’s
technology, business affairs, and marketing or sales plans (collectively the “Confidential Information”). The parties shall use
Confidential Information only for the purpose of the Agreement. The foregoing restrictions on use and disclosure of Confidential
Information do not apply to information that: (a) is in the possession of the receiving party at the time of its disclosure and is not
otherwise subject to obligations of confidentiality; (b) is or becomes publicly known through no wrongful act or omission of the
receiving party; (c) is received, without restriction, from a third party free to disclose it without obligation to the disclosing party;
(d) is developed, independently, by the receiving party without reference to the Confidential Information, or (e) is required to be
disclosed by law, regulation, court or governmental order. Client’s data (“Client Data”, which shall also be known and treated by
BCM One as Confidential Information of Client) shall include Client’s data collected, used, processed, stored or generated as the
result of the use of the Services. Client has obtained the necessary consent from its employees to provide BCM One with any
employee related Client Data to perform Services pursuant to the Agreement.
15. DISCLAIMER OF WARRANTIES. Services are provided on an “as is” or “as available” basis. BCM One does not warrant that the
Service(s) will be without failure, delay, interruption, error, degradation of quality or loss of content, data or information, and
except as specifically set forth in the MSA, the Service Orders, Order Confirmations, Service Addendums and any applicable Service
Level Agreement, BCM One makes no other representation or warranties, express or implied, as to any BCM One Service(s),
related products, equipment, software or documentation. BCM One specifically disclaims any and all implied warranties; including
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without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement of third
party rights. Broadband speed claim(s) represent maximum downstream and/or upstream capabilities which may vary and are
not guaranteed. Factors including line quality and Client’s distance from the exchange may limit available bandwidth.
16. DISCLAIMER OF CERTAIN DAMAGES. Neither party shall be liable to the other or to any third party for any indirect, consequential,
exemplary, special, incidental or punitive damages, including without limitation loss of use or lost business, revenue, profits or
goodwill, arising in connection with the Agreement, under any theory of tort, contract, indemnity, warranty, strict liability or
negligence, even if the party knew or should have known of the possibility of such damages. Unless otherwise agreed, BCM One’s
sole obligation with regard to any error in the Service or hardware appliance is to provide, as applicable, the remedy set forth in
the applicable Service Level Agreement or the support service terms. BCM One shall not be liable for any claims made against, or
liabilities incurred by, Client as a result of Client’s or BCM One’s performance under the Agreement which may result in Client’s
responsibility for, any and all shortfalls, early termination charges and other charges Client may incur from any previous provider
of similar or identical Services.
17. LIMITATION OF LIABILITY. Client shall be bound by the limitation of liability clause contained in the MSA and any applicable Service
Orders, Service Addendums and other documentation that is made part of the Agreement.
18. INDEMNIFICATION. Client shall indemnify and hold harmless BCM One, its officers, directors, employees, agents, parent, affiliates,
direct and indirect subsidiaries, successors and assigns from and against all claims for damages, liabilities, or expenses, including
reasonable attorney’s fees attributed to, arising out of or resulting from Client’s use of the Services as well as for any violation of
BCM One’s Acceptable Use Policy or Privacy Policy.
19. ASSIGNMENT. Neither party may assign the Agreement or any of its rights thereunder without the prior written consent of the
other party, which consent shall not be unreasonably withheld, except that (a) BCM One may assign its rights and/or obligations
under the Agreement, (i) to any parent, affiliate or subsidiary, (ii) pursuant to any merger, acquisition, reorganization, sale or
transfer of all or substantially all of its assets, or (iii) for purposes of financing; and (b) Client may assign its rights and/or obligations
under the Agreement, (i) to its parent, affiliates or subsidiaries, or (ii) pursuant to any merger, acquisition, reorganization, sale or
transfer of all or substantially all of its assets, provided that any assignment by Client pursuant to this exception is subject to the
following conditions: (a) the proposed assignee satisfies BCM One’s then current credit and deposit standards; (b) Client has fully
paid for all Services through the date of the assignment; and (c) the proposed assignee agrees in writing to be bound by all
provisions of the Agreement. Any assignment in violation of this Section is null and void.
20. USE OF SERVICES. Client is responsible and liable for all use of the Services from its Service locations, with or without its permission.
Client may not resell the Services or transfer the Services to any person or entity other than its employees, without the prior
written consent of BCM One. The Services may not be used for any unlawful, abusive or fraudulent purpose. Client shall defend,
indemnify and hold harmless, BCM One and its suppliers and their officers, directors, agents, affiliates and employees from and
against any claims, liabilities, losses, costs or damages (including legal fees and costs) arising out of any third party claim or
allegation that if true, would constitute a violation of the above. Any violation of this Section shall constitute a material breach
establishing cause for termination of the Agreement by BCM One.
21. UNAUTHORIZED USE OF SERVICES. Client shall bear the risk of loss arising from any unauthorized or fraudulent use of the Services
provided under the Agreement. BCM One reserves the right, but is not required, to take any and all action it deems appropriate,
including blocking access to particular calling numbers or geographic areas, to prevent or terminate any fraud or abuse in
connection with the Services or any use thereof. Client remains responsible for its own network security and security violation
response procedures. Even though a virtual private network ordered from BCM One may enhance Client’s ability to impede
authorized access to its network and data, and may aid Client in detecting potential security breaches and network irregularities,
Client understands and acknowledges that no Service is guaranteed to ensure Client’s network security or to prevent security
incidents, and that BCM One is not responsible for any unauthorized third party or Client employee access to Client’s facilities and
data.
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22. TERMS OF USE. Client’s use of the Services is subject to the terms of acceptable use and privacy policy available at
www.bcmone.com/legal/. These policies may be updated from time to time by BCM One upon notice to all Clients by posting on
the BCM One website.
23. ADDITIONAL CLIENT RESPONSIBILITIES. Client shall supply space, equipment, network, wiring, electrical power and environmental
conditions suitable for and compatible with, BCM One’s provision of the Services. Client shall return any BCM One-provided
equipment in good working condition and free from all liens, charges and encumbrances within ten (10) days after termination of
the Service for which it was used, or by agreement, or pay BCM One’s purchase price for the equipment as invoiced by BCM One.
Client shall not, without the prior written consent of BCM One, alter, attempt to repair or remove such equipment from Client’s
premises. Client is solely responsible for maintaining the security of its account, password, files, network and user access. Client
agrees that BCM One does not monitor, review or restrict information, communications, software, photos, video, graphics, music,
sounds, services or other material from third parties via the Services and Client bears all risks associates with the same.
24. USE OF SOFTWARE. Any software application, including without limitation, the BCM One portal or other BCM One website, and
documentation associated with any application as well as any local computer files installed as a result, in each case, provided by
or on behalf of BCM One (“BCM One Software”), may be used in object code form only and solely by Client for Client’s internal
business purposes. Client may not (a) provide, disclose or make BCM One Software available to any third party, or (b) decompile,
reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the United States
Copyright Act) or improvements (as defined by United State Patent Law) from the BCM One Software, no license under patents,
copyrights, trademarks, service marks, trade names or other indicia of origins or other right is granted to Client in the BCM One
Software or in the BCM One trademark, copyright, patent, trade secret or other proprietary rights nor shall any such rights be
implied or arise by estoppel with respect to any transactions contemplated under the Agreement.
25. SERVICE MARKS; TRADEMARKS AND PUBLICITY. Client shall not use any service mark or trademark of BCM One, without prior
written consent. BCM One shall have the right to disclose Client’s use of the Services in connection with any advertising,
promotion, press release or publication.
26. FORCE MAJEURE. If either party’s performance under the MSA, a Service Order, Service Addendum or Service Level Agreement
or any obligation thereunder (excluding the obligation of payment under the Agreement) is prevented, restricted or interfered
with by causes beyond its reasonable control including, but not limited to, acts of God, epidemics, pandemics, quarantines, public
health emergencies, fire, explosion, vandalism, cable cut by a third party, earthquake, storm or other similar occurrence, any law,
order, regulation, direction, action or request of the United States government, or state or local governments, or of any
department, agency, commission, court, bureau, corporation or other instrumentality of anyone or more such governments, or
of any civil or military authority, or by national emergency, insurrection, riot, terrorism, war, accident, strike, lockout or work
stoppage or other labor difficulties, or supplier failure, shortage, breach or delay, then the affected party shall be excused from
such performance on a day-to-day basis to the extent of such restriction or interference. The affected party shall use reasonable
efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or cease.
27. COMPLIANCE WITH LAWS. Each party agrees to comply with all applicable laws in connection with the Agreement, including the
United States Foreign Corrupt Practices Act and similar anti-bribery and anti-corruption laws of other nations, all applicable
import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the
International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign
Assets Control. For clarity, Client is solely responsible for compliance related to the manner in which it chooses to use the Service,
including transfer and processing of content and the provision of content to any users.
28. THIRD PARTY BENEFICIARIES. The Agreement does not create any third-party beneficiary rights in any individual or entity that is
not a party to the Agreement. Notwithstanding the foregoing, a BCM One underlying service provider may be third-party
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beneficiary for sole purpose of enforcing any terms of the Agreement that specifically apply to such BCM One underlying service
provider.
29. GOVERNING LAW; VENUE. All matters arising out of and relating to the Agreement (including these Standard and Terms and
Conditions) shall be governed by and construed and enforced in accordance with the laws of the State of Minnestoa without
regard to its choice of law principles. Any action that is or may be commenced by any party pertaining to the Agreement and the
subject matter thereof, shall be commenced in a federal or state court located in Hennepin County, the state of Minnesota. The
parties hereby consent to the jurisdiction of such court, waiving objection to forum non conveniens and personal jurisdiction.
30. NOTICE. Except for disconnect requests, the process for which is outlined in Section 12(b), all notices, requests, or other
communications shall be in writing and either transmitted via overnight courier, electronic mail, facsimile, hand delivery, certified
or registered mail, postage prepaid and return receipt requested to the parties at the following addresses. Notices shall be
deemed to have been given when received (or delivery refused).
To: BCM One Operations Center
BCM One, Inc.
295 Madison Avenue, 5th Floor
New York, NY 10175
Attn. Contract Administration
To: Client: At the billing address indicated in the Agreement.
Either party may change its address by providing notice of such address change to the other party in the manner set forth above.
31. NO WAIVER. The failure to enforce any provision or term of the MSA, Service Order, Rate Sheet, Order Confirmation, Service
Addendum, Service Level Agreement or any other document that becomes part of the Agreement including these Standard Terms
and Conditions, will not act as a waiver of any right contained in any provision or term in any MSA, Service Order, Rate Sheet,
Service Addendum, Service Level Agreement or any other document that becomes part of the Agreement including these Standard
Terms and Conditions.
32. SEVERABILITY. If any provision under the MSA, Service Order, Order Confirmation, Service Addendum, Service Level Agreement
or any other document that becomes part of the Agreement including these Standard Terms and Conditions are declared or held
to be invalid, illegal or unenforceable, all of the foregoing shall be revised only to the extent necessary to make such provision(s)
legal and enforceable, or if impossible, the unaffected portions of either or both shall remain in full force and effect, provided
that the modification is consistent with the original intent.
33. ENTIRE AGREEMENT. These Standard Terms and Conditions, the MSA, Service Order, Order Confirmation, Service Addendum,
Service Level Agreement (and any attachments, or other documents incorporated therein by reference) constitute the entire
agreement with respect to the Services provided pursuant to the Agreement and supersede all other representations,
understandings or agreements that are not expressed herein or therein, whether oral or written.
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 15th day of August, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Metro Sales, Inc, a Minnesota corporation (hereinafter "Vendor") whose business address is 250 River Ridge Circle N, Burnsville, MN 55337.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose of
this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for eGoldFax Secure Cloud Fax Service Plan hereinafter referred to as the "Work". The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. The initial term of this Contract expires one (1) year after the date first listed above install date (to be determined). This Contract will automatically renew for successive one (1) year terms unless a party has given written notice of non-renewal to the other party at least thirty (30) days prior to the end of the then-current term.
3. Compensation for Services. City agrees to pay the Vendor a fixed annual sum as provided in Exhibit A in full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. Should the customer exceed the 1,000 page per month commitment, overages will be billed to the City by eGoldFax
monthly at $0.09 per page.
4. Method of Payment. Vendor shall prepare and submit to City, on an annual basis, an itemized invoice setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
5. Staffing. The Vendor has designated ATS personnel to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City.
[STAFFING PROVISION REQUIRED ONLY FOR SERVICES]
Standard Purchasing Contract 2017 06 01 Page 2 of 5
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury
and property damage. Vendor shall provide City with a Certificate of Insurance
verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of
Vendor’s services under this Contract.
c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees
and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed
or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will
indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed
and all materials furnished shall be in accord with the Contract and shall be free from defects
in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this
Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until
the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City.
12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City.
Standard Purchasing Contract 2017 06 01 Page 3 of 5
13. Services Not Provided For. No claim for services furnished by Vendor not specifically
provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without
the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to
be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the
services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract
shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
Standard Purchasing Contract 2017 06 01 Page 4 of 5
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination
clause and stating that all qualified applicants will receive consideration for employment.
The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes
363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities
Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an
officer of the party, or if mailed in a sealed wrapper by United States registered or certified
mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit,
that the time for response to any notice by the other party shall commence to run one business
day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically
provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years
after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's
Standard Purchasing Contract 2017 06 01 Page 5 of 5
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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data
Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
VENDOR
By: ________________________________
Its: _______________________________
eGoldFax Secure Cloud Fax Service Plan:1000 0 Overage
Price/Mo US
$1000 Select from pull-$89.98
down menu to left
2
0 $0.09 $0.00
Qty.Price Each/Mo.
0 $0.50 $0.00
0 $2.00 $0.00
9 $0.50 $4.50
0 $2.00 $0.00
0 $5.00 $0.00
0 $1.00 $0.00
Total/Mo.:$94.48
X Billing Multi-Year (check left box)1 Years Total:$1,133.76
X Initial Order: Charge Reseller (check left box)
X Overages: Charge Customer (check left box)
Fax #s:Email Address to Route Received Fax To:Model #:
Each Total
9 $20.00 $180.00
0 $20.00 $0.00
$245.00 $245.00
$425.00
$1,558.76
$1,133.76
Signature:Date:
Name / Title:E-mail:
P.O. Number:Telephone:
Billing Address:Fax:
Notes:
Toll (Local Area Code) Fax #s to be Ported - Enter qty.
To activate your eGoldFax Account, please print this agreement and indicate your approval below. If paying directly, attach your purchase order if needed.
Attach a separate sheet with information that cannot be included on this form. Enter additional notes below.
City of Eden Prairie Quote Number: 06282023GregLund
8080 Mitchell Rd. Quote Expiration: August 13, 2023
Customer Invoice Contact (if customer billed for service, overages)
Eden Prairie, MN 55344 GoldFax, 1409 Glenneyre Street, Unit B, Laguna Beach, CA 92651 Tel: 714-695-1000
952-949-8300 RJ Shephard, Channel Manager, RJ@goldfax.com
Aditi Salunke|952-949-8520 asalunke@edenprairie.org Direct: 949-385-3948, Direct Fax: 844-273-3557
Customer eGoldFax Administrator eGoldFax Reseller
Aditi Salunke|952-949-8520 asalunke@edenprairie.org
Order Contact: Accounts Payable | payables@metrosales.com
Metro Sales Inc. | 250 N River Ridge Circle, Suite 100, Burnsville MN 55337 | 612-861-4000
Customer Order/Agreement (Confidential)
June 29, 2023
Fax Pages Per Month Plan plus
Customer GoldFax
Instructions: Select/enter quantities, enter data in red bordered fields below. Save to update.
Aditi Salunke|952-949-8520 asalunke@edenprairie.org
License Agreement - The eGoldFax Cloud Fax Telephone Service End User License Agreement (EULA) and Service Level Agreement (SLA) will apply to usage of the eGoldFax Cloud
Fax Telephone Service. Terms - Net 10. All payments must be in US $.
Install/Config Services (Ex: Route to folders, printers, one customer cover sheet = $250) - Enter $.
• Toll Free Direct Inward Dial (DID) Fax #s (ported - see section below)
• Toll (Local Area Code) Direct Inward Dial (DID) Fax #s (ported - see section below)
- No Inbound Fax Busy Signals (Never Miss an Inbound Fax), No Long Distance Fees (faxes to USA, Canada)
Keep Existing Fax #s by Porting to eGoldFax Fax Service. Save $40+ per mo. if ported fax # is an Analog Plain Old Tel System (POTS) Line.
• Port 1 - 49 fax #s $20.00/fax #; 50+ fax #'s (at one time) $2.00/fax #. All #s have to ported at same time and from same tel carrier.
Serial #:Integrated MFPs (Manufacturer):
• Overages - Fax pages sent/received over number of pages included in plan:
eGoldFax Secure Cloud Fax Service Plan
Fax Pages Per Month
eGoldFax One-Time Fees: Porting of Existing Fax #s and Installation/Configuration Services
• eGoldFax Enterprise Option - Receive Faxes and Sent Fax Confirmations to network Folders/Printers.
- Enter 1 in column to right per Local Area Network. Install software applet on LAN computer, ex: print server.
Check fax #s portable at eGoldFax.com or email Sales@GoldFax.com. Verify current Fax Provider has no restrictions on porting fax #s.
• New Toll (Local Area Code) Fax Numbers Included for receiving inbound faxes:
• Select Plan (Fax Pages Sent/Received) per month. Plans start at 250 pages.
• Received Faxes Delivered Via Email - Route to one or multiple email addresses. Additional options below.
eGoldFax Secure Cloud Fax Service
• Fax Paper Documents from Multifunction Products - Unlimited MFPs. No MFP Fax Kit or Fax phone line required .
- Scan-to-Email to "Fax #@egoldfax.com". Optional eGoldFax Connectors for MFPs
• Fax Digital Documents From Email - Unlimited Users. Send Email message & attachment to "Fax #@egoldfax.com"
• Unlimited Free Encrypted PDF archive of Sent/Received fax pages - Up to 10 years with active eGoldFax account
• All Fax Numbers (ported in and new) can be ported out of eGoldFax
Greg Lund|
SUBSEQUENT ANNUAL FEES: eGoldFax CLOUD FAX SERVICE (After initial payment of Prepaid Years Term Selected ):
• Toll (Local Area Code) Direct Inward Dial (DID) Fax #s (new)
• Toll Free Direct Inward Dial (DID) Fax #s (new)
eGoldFax Options
• eGoldFax Routing Agent - Enter 1 per Fax #/MFP routing to Folder/Printer. Requires Enterprise Option.
INITIAL FEE: eGoldFax CLOUD FAX SERVICE PLUS ONE-TIME FEES (for Term Selected - Prepaid Years):
TOTAL One-Time Fee:
Prepaid (Enter # of Years):
eGoldFax Cloud Fax Totals
Ricoh
Authorized Email Users. All users (list email domain) or provide specific email addresses.
Toll Free Fax #s to be Ported - Enter qty.
GoldFax, 1409 Glenneyre Street, Unit B, Laguna Beach, CA 92651 USA T:714 695-1000 F:714 695-1010
www.GoldFax.com www.eGoldFax.com
In ProcessStephanie Ward
Prepared By:
Senior Technology Advisor
651-634-6164
Stephanie.Ward@marconet.com
Quote Number: 160734
PROPOSAL FOR
CITY OF EDEN PRAIRIE
ADITI SALUNKE
June 28, 2023
DocuSign Envelope ID: 2F22C403-E45E-4104-9D8C-E57A14995A66
In Process
SCHEDULE A - SCHEDULE OF PRODUCTS
IT - Carrier Services - City of Eden Prairie SIP & Data
Prepared by:Prepared for:Ship To:Quote Information:
Marco - Twin Cities CITY OF EDEN PRAIRIE CITY OF EDEN PRAIRIE Quote #: 160734
Stephanie Ward
651-634-6164
Stephanie.Ward@marconet.co
m
8080 MITCHELL RD
EDEN PRAIRIE, MN 55344
ADITI Salunke
952.949.8520
asalunke@edenprairie.org
8080 MITCHELL RD
EDEN PRAIRIE, MN 55344-
2203
ADITI Salunke
952.949.8520
asalunke@edenprairie.org
Version: 1
Date Issued: 06/28/2023
Expiration Date: 07/26/2023
Carrier Services
Description Recurring Qty Ext. Recurring
Designated Site Address: 8080 Mitchell Rd Eden Prairie, MN 55344
Client acknowledges the services below are contracted with the designated provider as outlined below and contracted
separately. The service provider portion is delivered and billed by the designated provider. The PSE portion is delivered and
invoiced by Marco.
Arvig $500.00 1 $500.00
BCM One $1,485.33 1 $1,485.33
Subtotal:$1,985.33
Carrier Services Professional Services Engagement Agreement
ABOUT THIS PROFESSIONAL SERVICES ENGAGEMENT
In addition to the Carrier Services Professional Service Engagement Agreement located at
https://www.marconet.com/legal/business-it-product-agreements/carrier-services-professional-service-engagement-
agreement, the following applies to this Carrier Services Professional Service Engagement:
ENGAGEMENT OVERVIEW - DESIRED GOALS AND OUTCOMES - CURRENT SITUATION
CITY OF EDEN PRAIRIE would like us to install: 100 meg Fiber DIA with 1 Satic IP (Arvig), 40 MSIP trunks with 390 DIDs
(BCM One) with 16 E911 locations, 100x25 Coax broadband (BCM One)
ENGINEERING - DESCRIPTION OF SERVICES AND DELIVERABLES
The following solution will be considered “in-scope” for the purposes of this engagement:
Marco Carrier PM coordination
COORDINATION - DESCRIPTION OF SERVICES AND DELIVERABLES
2
DocuSign Envelope ID: 2F22C403-E45E-4104-9D8C-E57A14995A66
In Process
SCHEDULE A - SCHEDULE OF PRODUCTS
Tasks and deliverables for our Coordination Team are located at https://www.marconet.com/legal/business-it-product-
agreements/carrier-services-professional-service-engagement-agreement, referenced below:
Level 3
Ordering/tracking of product (if applicable)
Technical resource assignment
Technical resource scheduling
Scheduling of internal kick off & customer kick off meetings
Project plan / project task list build
Project Communication / Project Status Updates
Facilitation of Change orders (if applicable)
Provide first bill audit if requested by Client and provided to Marco, and review with Client for new or changed carrier
services.
Project closure
CLIENT RESPONSIBILITIES
- Seperate Mitel PSE for SIP licensing associated with this PSE/Order
- City of Eden Prairie is responsible for all IP configs on FW
SERVICES ASSUMPTIONS, EXCLUSIONS, AND NOTES
Please list any Assumptions, Exclusions, and Important Notes for the purposes of this engagement:
Mitel SIP configs performed by Marco, this is outlined in seperate PSE.
3
DocuSign Envelope ID: 2F22C403-E45E-4104-9D8C-E57A14995A66
In Process
SCHEDULE A - SCHEDULE OF PRODUCTS
Quote Summary - Expenses
Description Amount
Carrier Services $1,985.33
Total:$1,985.33
Payment Options
Description Payments Interval Amount
Recurring Payments
36-Months - Monthly Payments 36 One-Time $1,985.33
Summary of Selected Payment Options
Description Amount
Recurring Payments: 36-Months - Monthly Payments
Selected Recurring Payment $1,985.33
4
DocuSign Envelope ID: 2F22C403-E45E-4104-9D8C-E57A14995A66
In Process
SCHEDULE A - SCHEDULE OF PRODUCTS
Approval
The proposed totals above are budgetary and not contractually binding. Additional contract paperwork will be required and generated from
the carriers listed in this proposal.
Marco Technologies, LLC CITY OF EDEN PRAIRIE
Signature:
Name:
Title:
Date:
Prepared for:ADITI Salunke
Signature:
Signed by:
Title:
Date:
PO Number:
Email Address:
5
DocuSign Envelope ID: 2F22C403-E45E-4104-9D8C-E57A14995A66
Stephanie Ward
Prepared By:
Senior Technology Advisor
651-634-6164
Stephanie.Ward@marconet.com
Quote Number: 088744
PROPOSAL FOR
CITY OF EDEN PRAIRIE
ADITI SALUNKE
March 10, 2023
SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT
AGREEMENT(S)
IT - City of Eden Prairie - SIP Trunks - CITY OF EDEN PRAIRIE
Prepared by:Prepared for:Ship To:Quote Information:
Marco - Twin Cities CITY OF EDEN PRAIRIE CITY OF EDEN PRAIRIE Quote #: 088744
Stephanie Ward
651-634-6164
Stephanie.Ward@marconet.co
m
8080 MITCHELL RD
EDEN PRAIRIE, MN 55344
ADITI SALUNKE
952.949.8520
asalunke@edenprairie.org
8080 MITCHELL RD
EDEN PRAIRIE, MN 55344-
2203
ADITI SALUNKE
952.949.8520
asalunke@edenprairie.org
Version: 3
Date Issued: 03/10/2023
Expiration Date: 03/31/2023
Special Pricing Program:
Sourcewell/NJPA
Products
Description One-Time Qty Ext. One-Time
This quote is based on the Mitel Sourcewell contract #022719-MBS
MiVoice Business SIP Trunks x10 $540.00 3 $1,620.00
MiVoice Business SIP Trunks x50 $2,400.00 1 $2,400.00
Subtotal:$4,020.00
Professional Services Labor
Description One-Time Qty Ext. One-Time
Marco Professional Services - Fixed Fee - Milestone 1 $7,866.00 1 $7,866.00
Subtotal:$7,866.00
Mitel MiVoice Business-PSE
ABOUT THIS PROFESSIONAL SERVICES ENGAGEMENT
In addition to the Professional Service Engagement Agreement located at www.marconet.com/legal/business-it-product-
agreements/professional-service-engagement-agreement, the following applies to this Professional Service Engagement:
ENGAGEMENT OVERVIEW - DESIRED GOALS AND OUTCOMES - CURRENT SITUATION
Customer will be migrating to SIP trunks from BCMone sold through Marco Carrier Services. These will be terminated at City
Hall and the Community Center. Marco will work with the City to get the new trunks turned up and cutover.
ENGINEERING - DESCRIPTION OF SERVICES AND DELIVERABLES
2
SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT
AGREEMENT(S)
The following solution will be considered “in-scope” for the purposes of this engagement:
Marco project manager will work with Customer to coordinate the trunk cutover.
o Weekly meetings are included for up to 4 hours max.
Trunks
o Customer will be migrating to 40 Sip session at both the City Hall and Community Center locations.
o Marco Carrier services is ordering the BCMone SIP trunks.
o BCMone will be providing an adtran at both locations to be used as the session border controller.
o Customer must provide a voice vlan network connection at both locations to connect the adtrans to.
o Marco will work with the carrier to turn up and program the new sip trunks and test.
o Once tested the port will be scheduled.
o Marco will setup outbound routing City Hall primarily and Community Center Secondarily.
o Marco has not included labor to setup TLS on the SIP Trunks.
E911
Customer must subscribe to E911 services with the Telephone company. This is to include DID's for each
E911 location. Currently 15 address/locations are included.
Customer to provide a list that shows the location of each telephone.
Marco will setup E911 for each location based on the subnet.
Phases
o Marco has included a one phase cutover. If additional phases are needed the can be added on a billable
basis.
Travel
o Project management and design will be performed remotely.
o Engineer’s time may be remote and/or onsite.
If Marco Data Network support is needed to configure VoIP Readiness or troubleshoot Audio Quality those services
be billable outside of the project at $200/hr.
COORDINATION - DESCRIPTION OF SERVICES AND DELIVERABLES
The following tasks and deliverables for our Coordination Team will be considered “in-scope” for the purposes of this
engagement:
Level 3
Ordering/tracking of product (if applicable)
Technical resource assignment
Technical resource scheduling
Scheduling of internal kick off & customer kick off meetings
Project plan / project task list build
Project communication / project status updates
Facilitation of change orders (if applicable)
Project closure
CLIENT RESPONSIBILITIES
Connecting the adtrans to the voice network at each location. Design input.
SERVICES ASSUMPTIONS, EXCLUSIONS, AND NOTES
3
SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT
AGREEMENT(S)
SERVICES ASSUMPTIONS, EXCLUSIONS, AND NOTES
4
SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT
AGREEMENT(S)
Quote Summary - One-Time Expenses
Description Amount
Products $4,020.00
Professional Services Labor $7,866.00
Total:$11,886.00
Payment Options
Description Payments Interval Amount
One-Time Payment
One-Time Payment 1 One-Time $11,886.00
Summary of Selected Payment Options
Description Amount
One-Time Payment: One-Time Payment
5
SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT
AGREEMENT(S)
Approval
Client represents that it has reviewed and agrees to be legally bound by this Schedule of Products.
Client represents that it has reviewed and agrees to be legally bound by the Relationship Agreement, any Product
Agreement(s) referred to herein, and applicable policy(ies) (“Terms and Conditions”) which are located at
www.marconet.com/legal for the Products it is obtaining as identified in this Schedule of Products. If the parties have
negotiated changes to the Terms and Conditions, the modified version(s) of an such Terms and Conditions, that have not
expired or been terminated, shall control.
Client agrees to use electronic signatures, electronic communications, and electronic records to transact business under
the above documents.
The pricing above does not include taxes. Taxes, fees and surcharges shall be paid by Client and will be shown on
invoices to Client.
Marco Technologies, LLC CITY OF EDEN PRAIRIE
Signature:
Name:
Title:
Date:
Prepared for:ADITI SALUNKE
Signature:
Signed by:
Title:
Date:
PO Number:
Email Address:
6
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT / DIVISION:
Community Development
Julie Klima
ITEM DESCRIPTION:
Partial Assignment of GTS Housing Development Agreement and Reapportionment of Special Assessments
ITEM NO.:
VIII.R.
Requested Action Move to:
• Approve the Partial Assignments and Assumptions of the Amended and Restated Development Agreement for GTS Housing Phase I and Phase II
• Approve Agreement to Reapportion Certain Special Assessments for Golden Triangle TOD
Synopsis On April 4, 2023, the City Council approved an Amended and Restated Development Agreement for the GTS Housing Development. The Developer, GTS Housing Phase I LLC, is now working with an equity
partner for Phase I the project, and requests that the City formally acknowledge and consent to the
assignment to and assumption of the Amended and Restated Development Agreement to a new entity formed with the partner for purpose of development of Phase I of the Project, AERG GTS Phase I Owner, LLC. The Developer also requests City consent to the assignment and assumption of the Amended and Restated Development Agreement to a newly formed entity, GTS Housing Phase II LLC, related to the
second phase of the Project to be constructed later. Staff has investigated the request and recommends
approval. The Developer also makes a request of the City relating to special assessments currently levied against the property. The property was specially assessed in 2017 in connection with the W. 70th Street
Extension project. The Developer has requested that the existing assessment be reapportioned equally
between Lots 1 and 2 of the new plat. Minnesota Statutes § 429.071, subd. 3, permits the Council to equitably apportion a levied assessment after the assessed property is subdivided. Staff recommends approval of the attached agreement relating to the reapportionment.
Attachments
• Partial Assignment and Assumption of Amended and Restated Development Agreement (Phase I)
• Partial Assignment and Assumption of Amended and Restated Development Agreement (Phase II)
• Agreement to Reapportion Certain Special Assessments
25828090
This instrument drafted by and when recorded return to:
Brownstein Hyatt Farber Schreck LLP 675 15th Street, Suite 2900 Denver, Colorado 80202 Attn.: [__________] PARTIAL ASSIGNMENT AND ASSUMPTION OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT (PHASE I)
THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF AMENDED AND
RESTATED DEVELOPMENT AGREEMENT (PHASE I) (the “Assignment”) is executed and delivered this [__] day of [______], 2023 (“Effective Date”), by EP GTS HOUSING PHASE I LLC, a Delaware limited liability company, or its successors and assigns (“Assignor”), and AERG GTS PHASE 1 OWNER, LLC, a Delaware limited liability company, or its successors and assigns
(“Assignee”), and acknowledged and consented to by the CITY OF EDEN PRAIRIE,
MINNESOTA, a Municipal corporation (the “City”). WITNESSETH: WHEREAS, Assignor and the City entered into that certain Amended and Restated Development Agreement dated [________], 2023, and recorded with the Hennepin County
Registrar of Titles on the date hereof (the “Development Agreement”), the terms and conditions
of which are incorporated herein by reference as Exhibit A, regarding the obligations in connection with the proposed development of real property located in Hennepin County, State of Minnesota, more particularly described in Exhibit A attached to the Development Agreement (the “Property”).
WHEREAS, the Development Agreement contemplates development of the Property in two separate phases, referred to in the Development Agreement and herein as “Phase I” and “Phase II”. Phase I will include the construction of a building containing 49 affordable housing units, 12 inclusionary housing units, and 176 market-rate units, together with the construction of certain
infrastructure and other improvements that will benefit Phase I or, in some instances, Phase I and
Phase II. Phase II will include the construction of a building containing 38 affordable housing units, 9 inclusionary housing units, and 141 market-rate units, together with the construction of certain infrastructure and other improvements that will benefit Phase II (“Phase II”). Those infrastructure
25828090
and other improvements to be constructed in connection with Phase I that will also benefit Phase II, include, but are not limited to (a) sidewalks and trails shown on various plans referenced in Exhibit B attached to the Development Agreement, together with associated lighting, (b) one or more
retaining walls as shown on the site plan attached hereto as Exhibit B (the “Site Plan”), (c) certain Stormwater Facilities (as referenced and defined in the Development Agreement), and (d) a center access drive providing ingress and egress to Phase I and Phase II as shown on the Site Plan are hereinafter referred to each as a “Shared Improvement” and collectively as the “Shared
Improvements”.
WHEREAS, Assignor and Assignee have entered into that certain Purchase and Sale Agreement made effective August [16], 2023, as amended (the “Purchase Agreement”), pursuant to which (a) Assignee agreed to purchase a portion of the Property from Assignor, with such portion
legally described as Lot 1, Block 1, Golden Triangle TOD, according to the recorded plat thereof,
Hennepin County, Minnesota (the “Phase I Property”), and (b) Assignor agreed to assign, transfer and convey to Assignee, and its successors and assigns, all of the rights, title, benefits, powers, privileges, interests, liabilities, obligations, duties and responsibilities of Assignor in and to those portions of the Development Agreement applicable to Phase I on the Phase I Property (the “Assigned
Interests and Obligations”).
WHEREAS, Assignee intends to develop Phase I on the Phase I Property. Assignor intends to develop the remainder of the Property (the “Phase II Property”) for Phase II.
NOW, THEREFORE, for and in consideration of the premises hereto, the keeping and
performance of the covenants and agreements hereinafter contained, and for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee, intending to be legally bound, agree as follows:
1. Recitals; Definitions. The recitals shall form a part of this Assignment. All
capitalized terms used but not defined herein shall have their respective meanings set forth in the Development Agreement. 2. Partial Assignment. Assignor does hereby assign, transfer and convey to Assignee,
and its successors and assigns, all of the Assigned Interests and Obligations. The foregoing is without express and/or implied warranties of any kind by Assignor. Assignor expressly does not assign, transfer, or convey any rights, obligations, or interests related to Phase II or the Phase II Property (collectively, the “Retained Rights and Obligations”) to Assignee, and shall remain exclusively responsible and liable for performance of, and agrees to timely perform and comply
with the terms and conditions of the Development Agreement related to, all Retained Rights and
Obligations at Assignor’s sole cost and expense. 3. Partial Assumption of Obligations. Assignee hereby assumes all of the Assigned Interests and Obligations and, as of the Effective Date, shall be treated as the “Developer” under
the Development Agreement as to the Assigned Interests and Obligations. Assignee agrees to
perform all such obligations as are set forth within the Development Agreement as if Assignee was Assignor as to the Assigned Interests and Obligations, and Assignee acknowledges that such Assigned Interests and Obligations are covenants running with the land.
25828090
4. Mutual Indemnification. (a) Assignor hereby agrees to defend, indemnify and hold harmless Assignee and Assignee’s members, managers, affiliates, officers, lenders, employees, agents, attorneys, and representatives (collectively “Assignee Indemnified Parties”) harmless from and against all claims, demands, liability, loss, costs, damages, and/or expenses (including reasonable attorneys’ fees) (i)
arising out of or related to the Assigned Interest and Obligations, and first arising during or
attributable to the period before the Effective Date or (ii) arising out of or related to the Retained Rights and Obligations. The provisions set forth in this Section 4(a) shall survive the satisfaction, expiration or termination of this Assignment.
(b) Assignee hereby agrees to defend, indemnify and hold harmless Assignor and
Assignor’s members, managers, affiliates, officers, lenders, employees, agents, attorneys, and representatives (collectively “Assignor Indemnified Parties”) harmless from and against all claims, demands, liability, loss, costs, damages, and/or expenses (including reasonable attorneys’ fees) arising out of or related to the Assigned Interest and Obligations, and first arising during or attributable to the period on or after the Effective Date. The provisions set forth in this Section 4(b)
shall survive the satisfaction, expiration or termination of this Assignment. 5. Entire Agreement; Modification of Agreement. This Assignment constitutes the entire agreement between the parties with respect to the transaction contemplated herein. This
Assignment supersedes all prior discussions, understandings or agreements between the parties or
any of their respective affiliates. All exhibits and schedules attached hereto are a part of this Assignment and are incorporated herein by reference. This Assignment may be modified only by a writing executed by the parties hereto. The parties waive all rights to claim that this Assignment has been modified as a consequence of any oral understanding or course of conduct.
6. Notices. From and after the Effective Date, all notices to “Developer” under the Development Agreement as to the Assigned Interests and Obligations shall be sent to Assignee at the following address, or such other address as Assignee may designate in accordance with the Development Agreement. Any notice, demand, request or other communication (a “Notice”)
required or permitted to be given by this Assignment will be sufficient if in writing and if hand
delivered or sent by FedEx or similar express courier service at the address or addresses specified below, or sent by electronic mail (“e-mail”) transmission to the e-mail addresses specified below. All Notices that are sent by FedEx or similar express courier service will be deemed to be given 1 day after delivered to such courier, postage prepaid. All Notices that are hand delivered will be
deemed to be given upon delivery. All Notices that are given by e-mail transmission will be deemed
to be given upon receipt. TO ASSIGNOR: WITH A COPY TO: EP GTS Housing Holdings LLC 607 North Washington Avenue, Suite 100 Minneapolis, MN 55401 Attn: Josh Brandsted E-mail: jbrandsted@choosegreco.com
&
Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attn: John Stern E-mail: jstern@winthrop.com
25828090
EP GTS Housing Holdings LLC
275 Market Street, Suite 184
Minneapolis, MN 55405 Attn: Shannon Van Gemert E-mail: svg@erpartners.com
TO ASSIGNEE: WITH A COPY TO:
Amstar Group LLC Brownstein Hyatt Farber Schreck, LLP
1200 17th Street, Suite 1850 675 15th Street, Suite 2900 Denver, CO 80202 Denver, CO 80202
Attention: Matthew Karp Attention: Avi Loewenstein
E-mail: matthew.karp@amstar.com E-mail: aloewenstein@bhfs.com & Amstar Group LLC
1200 17th Street, Suite 1850 Denver, CO 80202 Attention: Tim Slater E-mail: tim.slater@amstar.com
& Amstar Group LLC 1200 17th Street, Suite 1850
Denver, CO 80202
Attention: Faraz Shahid E-mail: faraz.shahid@amstar.com
&
EP GTS Housing Holdings LLC 275 Market Street, Suite 184 Minneapolis, MN 55405 Attn: Shannon Van Gemert
E-mail: svg@erpartners.com
&
EP GTS Housing Holdings LLC
607 North Washington Avenue, Suite 100
& Winthrop & Weinstine, P.A.
225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attn: John Stern
E-mail: jstern@winthrop.com
25828090
Minneapolis, MN 55401 Attn: Josh Brandsted
E-mail: jbrandsted@choosegreco.com
7. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document by some or all of the parties hereto, and each such counterpart shall be considered an original, and all of which together shall constitute a single Assignment.
8. Further Assurances. From time to time until the termination of this Assignment, at no additional consideration, the parties each agree that they will promptly, upon the request of any other Party (a) execute and deliver all further instruments and (b) perform (or cause the performance of) any other acts, in each instance, that may reasonably requested or appropriate to evidence or
give effect to the provisions of this Assignment and which are consistent with the provisions of this Assignment. 9. Headings. The descriptive headings of the paragraphs of this Assignment are
inserted for convenience only and shall not control or affect the meaning or construction of any provisions of this Assignment. Words such as “herein”, “hereinafter”, “hereof” and “hereunder” when used in reference to this Agreement, refer to this Assignment as a whole and not merely to a subdivision in which such words appear, unless the context otherwise requires. The singular shall include the plural and the masculine gender shall include the feminine and neuter, and vice versa,
unless the context otherwise requires. The word “including” shall not be restrictive and shall be interpreted as if followed by the words “without limitation.” 10. Construction of Assignment. This Assignment shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared
primarily by counsel for one of the parties, it being recognized that all parties have contributed
substantially and materially to the preparation of this Assignment. 11. Severability. The parties intend and believe that each provision in this Assignment comports with all applicable local, state and federal laws and judicial decisions. If, however, any
provision in this Assignment is found by a court of law to be in violation of any applicable local,
state, or federal law, statute, ordinance, administrative or judicial decision, or public policy, or if in any other respect such a court declares any such provision to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent of the parties that, consistent with and with a view towards preserving the economic and legal arrangements among the parties as expressed in this
Assignment, such provision shall be given force and effect to the fullest possible extent, and that
the remainder of this Assignment shall be construed as if such illegal, invalid, unlawful, void, or unenforceable provision were not contained herein, and that the rights, obligations, and interests of the parties under the remainder of this Assignment shall continue in full force and effect.
12. Attorneys’ Fees. Should any action be brought arising out of this Assignment,
including, without limitation, any action for declaratory or injunctive relief, the substantially prevailing party shall be entitled to reasonable attorneys’ fees and costs and expenses of investigation, all as actually incurred, including, without limitation, attorneys’ fees, costs and expenses of investigation incurred in appellate proceedings.
25828090
13. Third Parties. Nothing in this Assignment, whether express or implied, is intended
to confer any rights or remedies under or by reason of this Assignment on any persons other than
the parties and their respective successors and assigns. No person may rely hereon or derive any benefit hereby as a third party beneficiary. 14. Waiver. Except as otherwise expressly provided herein, the excuse or waiver of the
performance by a party of any obligation of the other party under this Assignment shall only be
effective if evidenced by a written statement signed by the party so excusing or waiving. No delay in exercising any right or remedy shall constitute a waiver thereof. 15. Governing Law; Jurisdiction; Venue. This Assignment shall be construed and the
rights and obligations of the parties hereunder determined in accordance with the laws of the State
of Minnesota. Each party agrees that the state and federal courts of Hennepin County, Minnesota shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Assignment or its subject matter or formation.
16. Covenant Running with the Land. This Assignment shall run with the land and bind
and inure to the benefit of the parties hereto and their respective successors and assigns, including without limitation any successor fee owner(s) of the Phase I Property and the Phase II Property. [The remainder of this page is intentionally left blank.]
25828090
Signature Page Partial Assignment of Development Agreement (Phase I)
IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on the day and year first hereinabove written.
ASSIGNOR: EP GTS HOUSING PHASE I LLC, a Delaware limited liability company By: Name: Joshua M. Brandsted
Its: Co-President
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ______________, 2023, by
Joshua M. Brandsted, the Co-President of EP GTS Housing Phase I LLC, a Delaware limited liability company, on behalf of the company. [Stamp]
Notary Public
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
25828090
Signature Page Partial Assignment of Development Agreement (Phase I)
ASSIGNEE:
AERG GTS PHASE 1 OWNER, LLC, a Delaware limited liability company By: Name: Joshua M. Brandsted Its: Authorized Signatory
STATE OF MINNESOTA )
)
COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2023, by Joshua M. Brandsted, the Authorized Signatory of AERG GTS Phase 1 Owner, LLC, a Delaware
limited liability company, for and on behalf of said company.
[Stamp] Notary Public
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
25828090
ACKNOWLEDGEMENT AND CONSENT TO ASSIGNMENT
THIS ACKNOWLEDGEMENT AND CONSENT TO THE PARTIAL ASSIGNMENT
AND ASSUMPTION OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT (PHASE I) (the “Consent") is made this [__] day of [_____], 2023 for the benefit of EP GTS HOUSING PHASE I LLC, a Delaware limited liability company (“Assignor”), and AERG GTS PHASE 1 OWNER, LLC, a Delaware limited liability company (“Assignee”). All capitalized terms
used but not defined herein shall have their respective meanings set forth in the Amended and
Restated Development Agreement (the “Development Agreement”). The undersigned, being duly authorized representatives of the City with full power and authority to act on behalf of and bind the City, does hereby state and agree to the following, which
shall be binding upon and enforceable against the City, and may be relied upon by Assignor,
Assignee, and their respective successors and assigns: 1. The City has reviewed and evaluated the foregoing attached Partial Assignment and Assumption of Amended and Restated Development Agreement, and hereby consents to and
approves of the same, and the assignments and assumptions described therein.
2. Following substantial completion of all improvements required by the City with respect to Phase I and the Shared Improvements under the Development Agreement and required by the City for the issuance of a certificate of occupancy for Phase I, a letter confirming substantial
completion may be requested from the City Engineer. The City Engineer will promptly
furnish such letter, unless the City Engineer determines, in the City Engineer’s reasonable discretion, that the Phase I and/or the Shared Improvements have not been substantially completed. From and after the date of such letter by the City Engineer: (i) a default or event of default under the Development Agreement by a Developer related to Phase I, the Phase I
Property, or the Shared Improvements shall not constitute a default or event of default under
the Development Agreement with respect to Phase II or the Phase II Property or the Developer thereof and shall not limit, impair, or revoke any rights under the Development Agreement running in favor of Phase II, the Phase II Property, or the Developer thereof; (ii) a default or event of default under the Development Agreement by a Developer related to Phase II or the
Phase II Property shall not constitute a default or event of default under the Development
Agreement with respect to Phase I, the Phase I Property or the Developer thereof and shall not limit, impair, or revoke any rights under the Development Agreement running in favor of Phase I, the Phase I Property, or the Developer thereof; and (iii) the rights and obligations of a Developer with respect to Phase I, the Phase I Property, or the Shared Improvements shall
be separate and several from the rights and obligations of a Developer with respect to Phase
II or the Phase II Property. 3. For the avoidance of doubt, the issuance of a letter by the City Engineer in Paragraph 2 above shall not release Assignee from any ongoing obligations under the Development Agreement
with respect to Phase I, the Phase I Property, or the Shared Improvements.
4. The City acknowledges and agrees that with respect to the City’s rights as a third-party beneficiary of that certain Declaration of Covenants, Conditions and Restrictions dated November 14, 1997, filed December 31, 1998, as Document No. 3104434 executed by Best
25828090
Signature Page to Acknowledgement and Consent to Assignment (Phase I)
Buy Co., Inc. (the “Declaration”), the Development Agreement supersedes and replaces the Declaration with respect to the real property that is subject to the Development Agreement.
[SIGNATURE PAGES TO FOLLOW]
25828090
Signature Page to Acknowledgement and Consent to Assignment (Phase I)
IN WITNESS WHEREOF, this instrument is executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE
By: __________________
Name: Ronald A. Case Title: Mayor
STATE OF MINNESOTA )
) COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2023,
by Ronald A. Case, Mayor of the City of Eden Prairie, a Minnesota municipal corporation, for and
on behalf of said corporation. [Stamp]
Notary Public
By: __________________ Name: Rick Getschow Title: City Manager
STATE OF MINNESOTA ) ) COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of _______________, 2023, by Rick Getschow, City Manager of the City of Eden Prairie, a Minnesota municipal corporation, for and on behalf of said corporation.
[Stamp]
Notary Public
[END OF SIGNATURE PAGES]
25828090
Exhibit A
EXHIBIT A DEVELOPMENT AGREEMENT
[to be attached]
25828090
Exhibit B
EXHIBIT B SITE PLAN
[to be attached]
26788220v5
This instrument drafted by and when recorded return to:
Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402-4629 PARTIAL ASSIGNMENT AND ASSUMPTION OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT (PHASE II)
THIS PARTIAL ASSIGNMENT AND ASSUMPTION OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT (PHASE II) (the “Assignment”) is executed and delivered this [__] day of [______], 2023 (“Effective Date”), by EP GTS HOUSING PHASE I
LLC, a Delaware limited liability company, or its successors and assigns (“Assignor”), and EP
GTS HOUSING PHASE II LLC, a Delaware limited liability company, or its successors and assigns (“Assignee”), and acknowledged and consented to by the CITY OF EDEN PRAIRIE, MINNESOTA, a Municipal corporation (the “City”).
WITNESSETH:
WHEREAS, Assignor and the City entered into that certain Amended and Restated
Development Agreement dated [________], 2023, and recorded with the Hennepin County Registrar of Titles on the date hereof (the “Development Agreement”), the terms and conditions of which are incorporated herein by reference as Exhibit A, regarding the obligations in connection with the proposed development of real property located in Hennepin County, State of
Minnesota, more particularly described in Exhibit A attached to the Development Agreement (the
“Property”). WHEREAS, the Development Agreement contemplates development of the Property in two separate phases, referred to in the Development Agreement and herein as “Phase I” and “Phase II”.
Phase I will include the construction of a building containing 49 affordable housing units, 12
inclusionary housing units, and 176 market-rate units, together with the construction of certain infrastructure and other improvements that will benefit Phase I or, in some instances, Phase I and Phase II. Phase II will include the construction of a building containing 38 affordable housing units, 9 inclusionary housing units, and 141 market-rate units, together with the construction of certain
infrastructure and other improvements that will benefit Phase II (“Phase II”). Those infrastructure and other improvements to be constructed in connection with Phase I that will also benefit Phase II,
include, but are not limited to (a) sidewalks and trails shown on various plans referenced in Exhibit
B attached to the Development Agreement, together with associated lighting, (b) one or more retaining walls as shown on [the site plan attached hereto as Exhibit B (the “Site Plan”), (c) certain Stormwater Facilities (as referenced and defined in the Development Agreement), and (d) a center access drive providing ingress and egress to Phase I and Phase II as shown on the Site Plan are hereinafter referred to each as a “Shared Improvement” and collectively as the “Shared
Improvements”. WHEREAS, (a) Assignor agreed to convey a portion of the Property to Assignee, with such portion legally described as Lot 2, Block 1, Golden Triangle TOD, according to the recorded plat thereof, Hennepin County, Minnesota (the “Phase II Property”), and (b) Assignor agreed to assign,
transfer and convey to Assignee, and its successors and assigns, all of the rights, title, benefits, powers, privileges, interests, liabilities, obligations, duties and responsibilities of Assignor in and to those portions of the Development Agreement applicable to Phase II on the Phase II Property (the “Assigned Interests and Obligations”).
WHEREAS, Assignee intends to develop Phase II on the Phase II Property. Assignor, or its successors and assigns, intends to develop the remainder of the Property (the “Phase I Property”) for Phase I.
NOW, THEREFORE, for and in consideration of the premises hereto, the keeping and
performance of the covenants and agreements hereinafter contained, and for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee, intending to be legally bound, agree as follows:
1. Recitals; Definitions. The recitals shall form a part of this Assignment. All
capitalized terms used but not defined herein shall have their respective meanings set forth in the Development Agreement. 2. Partial Assignment. Assignor does hereby assign, transfer and convey to Assignee,
and its successors and assigns, all of the Assigned Interests and Obligations. The foregoing is without express and/or implied warranties of any kind by Assignor. Assignor expressly does not assign, transfer, or convey any rights, obligations, or interests related to Phase I or the Phase I Property (collectively, the “Retained Rights and Obligations”) to Assignee, and shall remain exclusively responsible and liable for performance of, and agrees to timely perform and comply
with the terms and conditions of the Development Agreement related to, all Retained Rights and
Obligations at Assignor’s sole cost and expense. 3. Partial Assumption of Obligations. Assignee hereby assumes all of the Assigned Interests and Obligations and, as of the Effective Date, shall be treated as the “Developer” under
the Development Agreement as to the Assigned Interests and Obligations. Assignee agrees to
perform all such obligations as are set forth within the Development Agreement as if Assignee was Assignor as to the Assigned Interests and Obligations, and Assignee acknowledges that such Assigned Interests and Obligations are covenants running with the land.
4. Mutual Indemnification. (a) Assignor hereby agrees to defend, indemnify and hold harmless Assignee and Assignee’s members, managers, affiliates, officers, lenders, employees, agents, attorneys, and representatives (collectively “Assignee Indemnified Parties”) harmless from and against all claims, demands, liability, loss, costs, damages, and/or expenses (including reasonable attorneys’ fees) (i)
arising out of or related to the Assigned Interest and Obligations, and first arising during or
attributable to the period before the Effective Date or (ii) arising out of or related to the Retained Rights and Obligations. The provisions set forth in this Section 4(a) shall survive the satisfaction, expiration or termination of this Assignment.
(b) Assignee hereby agrees to defend, indemnify and hold harmless Assignor and
Assignor’s members, managers, affiliates, officers, lenders, employees, agents, attorneys, and representatives (collectively “Assignor Indemnified Parties”) harmless from and against all claims, demands, liability, loss, costs, damages, and/or expenses (including reasonable attorneys’ fees) arising out of or related to the Assigned Interest and Obligations, and first arising during or attributable to the period on or after the Effective Date. The provisions set forth in this Section 4(b)
shall survive the satisfaction, expiration or termination of this Assignment. 5. Entire Agreement; Modification of Agreement. This Assignment constitutes the entire agreement between the parties with respect to the transaction contemplated herein. This
Assignment supersedes all prior discussions, understandings or agreements between the parties or
any of their respective affiliates. All exhibits and schedules attached hereto are a part of this Assignment and are incorporated herein by reference. This Assignment may be modified only by a writing executed by the parties hereto. The parties waive all rights to claim that this Assignment has been modified as a consequence of any oral understanding or course of conduct.
6. Notices. From and after the Effective Date, all notices to “Developer” under the Development Agreement as to the Assigned Interests and Obligations shall be sent to Assignee at the following address, or such other address as Assignee may designate in accordance with the Development Agreement. Any notice, demand, request or other communication (a “Notice”)
required or permitted to be given by this Assignment will be sufficient if in writing and if hand
delivered or sent by FedEx or similar express courier service at the address or addresses specified below, or sent by electronic mail (“e-mail”) transmission to the e-mail addresses specified below. All Notices that are sent by FedEx or similar express courier service will be deemed to be given 1 day after delivered to such courier, postage prepaid. All Notices that are hand delivered will be
deemed to be given upon delivery. All Notices that are given by e-mail transmission will be deemed
to be given upon receipt. TO ASSIGNOR: WITH A COPY TO: EP GTS Housing Phase I LLC 607 North Washington Avenue, Suite 100 Minneapolis, MN 55401 Attn: Josh Brandsted E-mail: jbrandsted@choosegreco.com
&
Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attn: John Stern E-mail: jstern@winthrop.com
EP GTS Housing Phase I LLC
275 Market Street, Suite 184
Minneapolis, MN 55405 Attn: Shannon Van Gemert E-mail: svg@erpartners.com
TO ASSIGNEE: WITH A COPY TO:
EP GTS Housing Phase II LLC Winthrop & Weinstine, P.A.
275 Market Street, Suite 184 225 South Sixth Street, Suite 3500 Minneapolis, MN 55405 Minneapolis, MN 55402
Attn: Shannon Van Gemert Attn: John Stern
E-mail: svg@erpartners.com E-mail: jstern@winthrop.com
&
EP GTS Housing Phase II LLC 607 North Washington Avenue, Suite 100
Minneapolis, MN 55401 Attn: Josh Brandsted E-mail: jbrandsted@choosegreco.com
7. Counterparts. This Assignment may be executed in any number of counterparts, each
of which shall be deemed an original but all of which together shall constitute one and the same document by some or all of the parties hereto, and each such counterpart shall be considered an original, and all of which together shall constitute a single Assignment.
8. Further Assurances. From time to time until the termination of this Assignment, at
no additional consideration, the parties each agree that they will promptly, upon the request of any other Party (a) execute and deliver all further instruments and (b) perform (or cause the performance of) any other acts, in each instance, that may reasonably requested or appropriate to evidence or give effect to the provisions of this Assignment and which are consistent with the provisions of this
Assignment. 9. Headings. The descriptive headings of the paragraphs of this Assignment are inserted for convenience only and shall not control or affect the meaning or construction of any provisions of this Assignment. Words such as “herein”, “hereinafter”, “hereof” and “hereunder”
when used in reference to this Agreement, refer to this Assignment as a whole and not merely to a
subdivision in which such words appear, unless the context otherwise requires. The singular shall include the plural and the masculine gender shall include the feminine and neuter, and vice versa, unless the context otherwise requires. The word “including” shall not be restrictive and shall be interpreted as if followed by the words “without limitation.”
10. Construction of Assignment. This Assignment shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties, it being recognized that all parties have contributed
substantially and materially to the preparation of this Assignment. 11. Severability. The parties intend and believe that each provision in this Assignment
comports with all applicable local, state and federal laws and judicial decisions. If, however, any provision in this Assignment is found by a court of law to be in violation of any applicable local, state, or federal law, statute, ordinance, administrative or judicial decision, or public policy, or if in any other respect such a court declares any such provision to be illegal, invalid, unlawful, void or
unenforceable as written, then it is the intent of the parties that, consistent with and with a view
towards preserving the economic and legal arrangements among the parties as expressed in this Assignment, such provision shall be given force and effect to the fullest possible extent, and that the remainder of this Assignment shall be construed as if such illegal, invalid, unlawful, void, or unenforceable provision were not contained herein, and that the rights, obligations, and interests of
the parties under the remainder of this Assignment shall continue in full force and effect.
12. Attorneys’ Fees. Should any action be brought arising out of this Assignment, including, without limitation, any action for declaratory or injunctive relief, the substantially prevailing party shall be entitled to reasonable attorneys’ fees and costs and expenses of investigation, all as actually incurred, including, without limitation, attorneys’ fees, costs and
expenses of investigation incurred in appellate proceedings. 13. Third Parties. Nothing in this Assignment, whether express or implied, is intended to confer any rights or remedies under or by reason of this Assignment on any persons other than
the parties and their respective successors and assigns. No person may rely hereon or derive any
benefit hereby as a third party beneficiary. 14. Waiver. Except as otherwise expressly provided herein, the excuse or waiver of the performance by a party of any obligation of the other party under this Assignment shall only be
effective if evidenced by a written statement signed by the party so excusing or waiving. No delay
in exercising any right or remedy shall constitute a waiver thereof. 15. Governing Law; Jurisdiction; Venue. This Assignment shall be construed and the rights and obligations of the parties hereunder determined in accordance with the laws of the State
of Minnesota. Each party agrees that the state and federal courts of Hennepin County, Minnesota
shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Assignment or its subject matter or formation. 16. Covenant Running with the Land. This Assignment shall run with the land and bind
and inure to the benefit of the parties hereto and their respective successors and assigns, including without limitation any successor fee owner(s) of the Phase I Property and the Phase II Property. [The remainder of this page is intentionally left blank.]
Signature Page Partial Assignment of Development Agreement (Phase II)
IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on the day and year first hereinabove written.
ASSIGNOR: EP GTS HOUSING PHASE I LLC, a Delaware limited liability company By: Name: Joshua M. Brandsted
Its: Co-President
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ______________, 2023, by
Joshua M. Brandsted, the Co-President of EP GTS Housing Phase I LLC, a Delaware limited liability company, on behalf of the company. [Stamp]
Notary Public
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
Signature Page Partial Assignment of Development Agreement (Phase II)
ASSIGNEE:
EP GTS HOUSING PHASE II LLC, a Delaware limited liability company By: Name: Joshua M. Brandsted Its: Authorized Signatory
STATE OF MINNESOTA )
)
COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2023, by Joshua M. Brandsted, the Authorized Signatory of EP GTS Housing Phase II LLC, a Delaware
limited liability company, for and on behalf of said company.
[Stamp] Notary Public
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
25828090
ACKNOWLEDGEMENT AND CONSENT TO ASSIGNMENT
THIS ACKNOWLEDGEMENT AND CONSENT TO THE PARTIAL ASSIGNMENT
AND ASSUMPTION OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT (PHASE II) (the “Consent") is made this [__] day of [_____], 2023 for the benefit of EP GTS HOUSING PHASE I LLC, a Delaware limited liability company (“Assignor”), and EP GTS HOUSING PHASE II LLC, a Delaware limited liability company (“Assignee”). All capitalized
terms used but not defined herein shall have their respective meanings set forth in the Amended and
Restated Development Agreement. The undersigned, being duly authorized representatives of the City with full power and authority to act on behalf of and bind the City, do hereby state and agree to the following, which shall
be binding upon and enforceable against the City, and may be relied upon by Assignor, Assignee,
and their respective successors and assigns: 1. The City has reviewed and evaluated the foregoing attached Partial Assignment and Assumption of Amended and Restated Development Agreement, and hereby consents to and
approves of the same, and the assignments and assumptions described therein.
2. Following substantial completion of all improvements required by the City with respect to Phase I and the Shared Improvements under the Development Agreement and required by the City for the issuance of a certificate of occupancy for Phase I, a letter confirming substantial
completion may be requested from the City Engineer. The City Engineer will promptly
furnish such letter, unless the City Engineer determines, in the City Engineer’s reasonable discretion that the Phase I and/or the Shared Improvements have not been substantially completed. From and after the date of such letter by the City Engineer: (i) a default or event of default under the Development Agreement by a Developer related to Phase I, the Phase I
Property, or the Shared Improvements shall not constitute a default or event of default under
the Development Agreement with respect to Phase II or the Phase II Property or the Developer thereof and shall not limit, impair, or revoke any rights under the Development Agreement running in favor of Phase II, the Phase II Property, or the Developer thereof; (ii) a default or event of default under the Development Agreement by a Developer related to Phase II or the
Phase II Property shall not constitute a default or event of default under the Development
Agreement with respect to Phase I, the Phase I Property or the Developer thereof and shall not limit, impair, or revoke any rights under the Development Agreement running in favor of Phase I, the Phase I Property, or the Developer thereof; and (iii) the rights and obligations of a Developer with respect to Phase I, the Phase I Property, or the Shared Improvements shall
be separate and several from the rights and obligations of a Developer with respect to Phase
II or the Phase II Property. 3. For the avoidance of doubt, the issuance of a letter by the City Engineer in Paragraph 2 above shall not release Assignee from any ongoing obligations under the Development Agreement
with respect to Phase II or the Phase II Property.
4. The City acknowledges and agrees that with respect to the City’s rights as a third-party beneficiary of that certain Declaration of Covenants, Conditions and Restrictions dated November 14, 1997, filed December 31, 1998, as Document No. 3104434 executed by Best
Signature Page to Acknowledgement and Consent to Assignment (Phase II)
Buy Co., Inc. (the “Declaration”), the Development Agreement supersedes and replaces the Declaration with respect to the real property that is subject to the Development Agreement.
[SIGNATURE PAGES TO FOLLOW]
Signature Page to Acknowledgement and Consent to Assignment (Phase II)
IN WITNESS WHEREOF, this instrument is executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE
By: __________________
Name: Ronald A. Case Title: Mayor
STATE OF MINNESOTA )
) COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2023,
by Ronald A. Case, Mayor of the City of Eden Prairie, a Minnesota municipal corporation, for and
on behalf of said corporation. [Stamp]
Notary Public
By: __________________ Name: Rick Getschow Title: City Manager
STATE OF MINNESOTA ) ) COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of _______________, 2023, by Rick Getschow, City Manager of the City of Eden Prairie, a Minnesota municipal corporation, for and on behalf of said corporation.
[Stamp]
Notary Public
[END OF SIGNATURE PAGES]
Exhibit A
EXHIBIT A DEVELOPMENT AGREEMENT
[to be attached]
Exhibit B
EXHIBIT B SITE PLAN
[to be attached]
26881776v3
AGREEMENT TO REAPPORTION CERTAIN SPECIAL ASSESSMENTS
Golden Triangle TOD
THIS AGREEMENT TO REAPPORTION CERTAIN SPECIAL ASSESSMENTS (hereinafter referred to as “Agreement”), entered into this ____ day of _____________, 2023 by and between EP GTS HOUSING PHASE I LLC, a Delaware limited liability company (“GTS”) and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (“City”); GTS and City sometimes individually referred to as “Party” and collectively “Parties”).
RECITALS
WHEREAS, GTS is the fee owner of that land located in Hennepin County, Minnesota,
legally described on the attached Exhibit A (the “Assessed Property”); and
WHEREAS, the Assessed Property is subject to certain levied special assessments in the current principal amount of $284,232.78 (the “Assessment”); and
WHEREAS, on June 14, 2022, the City Council passed Resolution No. 22-76 approving the
final plat for the Assessed Property, and additional property, entitled “Golden Triangle TOD” (the “Final Plat”); and
WHEREAS, pursuant to Minn. Stat. §429.071, subd. 3, when property that currently has a
special assessment levied is subsequently subdivided, the City Council may, upon application of
owner of the Property, equitably reapportion the special assessments among the subdivided lots;
and
WHEREAS, the Parties desire to enter into this Agreement for the purpose of reapportioning the Assessment.
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each Party's promises and considerations herein set forth, as follows:
1. INCORPORATION. The above Recitals and all exhibits attached to this Agreement are a material part of this Agreement and are incorporated herein.
2. REAPPORTIONMENT. GTS makes application to reapportion the Assessment due
to the Final Plat. The City agrees to reapportion the Assessment in the manner described on attached
Exhibit B. GTS waives any and all rights GTS has for mailed notice of the reapportionment and of
the right to appeal under Minn. Stat. § 429.071, subd. 3. Further, GTS waives any right to appeal the reapportionment under Minn. Stat. § 429.081.
3. AGREEMENT EFFECT. The terms and conditions of this Agreement will be
binding on the Parties hereto, their respective successors and assigns and the benefits and burdens
shall run with the Property. GTS must record this Agreement immediately following: (i) the
recording of the Final Plat; (ii) before any mortgages or other interests are recorded against the Property; and (iii) before GTS transfers ownership interest to any portion of the Assessed Property
to a third-party. GTS will provide the City with recording information prior to any permits being issued for the development of the Assessed Property.
4. GOVERNING LAW. This Agreement will be governed by, construed, and
enforced in accordance with the laws of the State of Minnesota.
5. WARRANT OF AUTHORITY. GTS warrants and guarantees that it has the
authority to enter into this Agreement and to make it a covenant on the Assessed Property.
The remainder of this page intentionally left blank; signature pages and exhibits follow.
IN WITNESS WHEREOF, the parties herein have executed this Agreement on the day and year first above written.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case Its Mayor
By____________________________ Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
EP GTS HOUSING PHASE I LLC
________________________________ Joshua Brandsted Its: Co-President
STATE OF MINNESOTA ) ) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2023, by Joshua Brandsted, the Co-President of EP GTS Housing Phase I LLC, a Delaware limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: GREGERSON, ROSOW, JOHNSON & NILAN, LTD. 100 WASHINGTON AVE S., SUITE 1550
MINNEAPOLIS, MN 55401
EXHIBIT A Legal Description of Assessed Property
Lot 1, Block 1, and Outlot A, Liberty Plaza, except that part which lies Northeasterly of Line 2 described below:
Line 2: Commencing at the Northeast corner of said Outlot A; thence Westerly on an azimuth of 273 degrees 14 minutes 16 seconds along the North line of said Outlot A
distance of 341.50 feet to an angle point in the North line of said Outlot A; thence on an azimuth of 282 degrees 16 minutes 45 seconds, along said North line of Outlot A, a distance of 6.01 feet to the point of beginning of Line 2 to be described; thence on an azimuth of 167 degrees 46 minutes 59 seconds, 657.56 feet to the South line of said Lot 1, Block 1, Liberty Plaza, and there terminating.
Hennepin County, Minnesota
Torrens Property Hennepin County PID 01-116-22-34-0028
EXHIBIT B
Reapportionment of the Assessment among the lots and outlots of the Final Plat comprised of the
Assessed Property, will be as follows:
Lot 1, Block 1, Golden Triangle TOD
Previous assessment – City Project I.C. 14-5877 50%
Lot 2, Block 1, Golden Triangle TOD
Previous assessment – City Project I.C. 14-5877 50%
Outlot A, Golden Triangle TOD
Previous assessment – City Project I.C. 14-5877 0%
26969485v2
1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Community Development/ED
Julie Klima/David Lindahl
ITEM DESCRIPTION:
Resolution of Support – Application to DEED
ITEM NO.:
VIII.S.
Requested Action
Move to: Adopt a resolution of support for an application submittal to the Minnesota Fund Forward Program by Eden Prairie based NVE Corporation. Synopsis Eden Prairie based NVE Corporation is applying for a $675,450 grant through the Department of Employment and Economic Development (DEED) for a cleanroom expansion. The cleanroom will fabricate
magnetic sensors used to transmit data. DEED requires a resolution of support from the City.
Background NVE is located in the Bryant Lake Business Center at 11409 Valley View Road. They manufacture high-
performance spintronic products including sensors and couplers that are used to acquire and transmit data.
The proposed cleanroom expansion is expected to cost $5.97 million. Facility construction is estimated at $608,000, and equipment will be $3.85 million. DEED’s Minnesota Forward Fund CHIPS Act program provides state funding to match federal funds made
available in the Chips and Science Act for businesses in the semiconductor research, development, and
manufacturing sector. Projects eligible for state funding are those for constructing, modernizing, or expanding commercial facilities on the front-end and back-end fabrication of leading-edge, current-generation semiconductors. The state match is up to 15% of total project costs with a maximum of $75 million per project. The program is available statewide. Applications are accepted on a continuing basis
until all funds are committed. Attachments Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____
A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE MINNESOTA FORWARD FUND BY EDEN PRAIRIE COMPANY NVE CORPORATION. WHEREAS, the City of Eden Prairie, Minnesota (the “City”), desires to assist NVE Corporation, a Minnesota Corporation, which is proposing to expand a facility in the City and purchase machinery and equipment; and,
WHEREAS, the City of Eden Prairie understands that NVE Corporation, with the support of the City, intends to submit or has submitted to the Minnesota Department of Employment and Economic Development (DEED) an application for an award from the Minnesota Forward Fund program; and,
WHEREAS, the City of Eden Prairie held a City Council meeting on August 15, 2023 to consider this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that, after due consideration, the Mayor and City Council hereby supports the NVE application to the Minnesota Fund Forward program and adopts the following findings of fact related to the project proposed by NVE Corporation:
1. Finding that the project is in the public interest because it will encourage the growth of
commerce and industry, prevent the movement of current or future operations to locations
outside Minnesota, result in increased employment in Minnesota, and preserve or enhance the state and local tax base.
2. Finding that the proposed project, in the opinion of the City Council, would not reasonably
be expected to occur solely through private investment within the reasonably foreseeable
future.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
____________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 15, 2023
DEPARTMENT / DIVISION
Jonathan Stanley, Housing & Community Services
Julie Klima, Community Development
ITEM DESCRIPTION
Execute a Sub-Recipient Agreement with West Hennepin Affordable Housing Land Trust (dba Homes Within Reach) governing use of Met Council grant funds
ITEM NO.
VIII.T.
Requested Action
Move to execute a sub-recipient grant agreement with Homes Within Reach (HWR) Community Land Trust governing the use of a $160,000 Met Council grant applied for and awarded to the City. Synopsis
After the City applied for and received a Met Council Local Housing Incentives Account (LHIA) grant award, a sub-recipient grant agreement governing use of the funds is needed between the City and HWR. This agreement will ensure compliance with the requirements of the City’s grant agreement with the Met Council.
Background This action will enable staff to begin working with HWR on the Met Council approved activities of acquisition of land and property, with the homes in turn being rehabilitated and sold to low- or
moderate-income households. Because the household only purchases the property and not the land, the purchase price can be kept affordable, and homes brought into the CLT remain affordable in perpetuity, as any subsequent sales will also benefit lower-income homebuyers. This joint effort will bring four new Eden Prairie homes into the CLT, adding to the 19 previously acquired. A significant component of the City’s efforts to create and preserve affordable housing, HWR also has a strong history of
disproportionate service to underserved population including people of color and households with one or more persons with a disability, who often have difficulty achieving homeownership. This aligns well with the City’s diversity and inclusion focus. Attachments
• Resolution
• Sub-Recipient Grant Agreement
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ RESOLUTION TO APPROVE THE EDEN PRAIRIE AND HOMES WITHIN REACH SUB-RECIPIENT AGREEMENT
WHEREAS, on March 10th, 2023, the Metropolitan Council notified the City it was approved for an award of $160,000 under its Livable Communities Act Local Housing Incentives Account single family pilot program; and
WHEREAS, the City partnered with the West Hennepin Affordable Housing Land Trust (dba
Homes Within Reach) in making application for the grant award funding; and WHEREAS, the City has a successful record of working with Homes Within Reach to provide affordable homeownership opportunities to low- or moderate-income households; and
WHEREAS, the City entered into a grant agreement with the Metropolitan Council on April 11, 2023; and WHEREAS, the City wishes to enter into a sub-recipient agreement that ensures compliance
with Metropolitan Council rules and requirements. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the City Council accepts the agreement as proposed.
BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Manager
or his designee to execute such Eden Prairie and Homes Within Reach sub-recipient agreement. ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
_________________________ Ronald A. Case, Mayor
ATTEST:
__________________________ Nicole Tingley, City Clerk
LOCAL HOUSING INCENTIVES ACCOUNT GRANT PROGRAM
SUB-GRANT AGREEMENT
This Sub-Grant Agreement (“Sub-Grant Agreement” or “Agreement”) is entered into on this 1st day of August, 2023 (“Effective Date”), by and between the CITY OF EDEN PRAIRIE, a Minnesota
municipal corporation (“City”) and WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST (DBA HOMES WITHIN REACH), a Minnesota non-profit corporation and registered 501(c)(3) non-profit organization (“Sub-Grantee”).
RECITALS
WHEREAS, in cooperation with Sub-Grantee, the City applied to and received approval for funds
in the amount of $160,000 from the Metropolitan Council (“Council”) under the Livable Communities Act,
Local Housing Incentives Account grant program (the “LHIA Grant”); and
WHEREAS, Sub-Grantee intends to acquire and rehabilitate four (4) scattered site homes in the
City to be brought into the Homes Within Reach Community Land Trust and sold individually to income-
eligible households (the “Project”); and
WHEREAS, to assist with the costs of acquiring the homes, the City will make available $160,000
of its own resources to provide the required Council program match; and
WHEREAS, on January 25, 2023, the Council and the City entered into a Metropolitan Livable
Communities Act Grant Agreement, Grant No. SG-18349, with an expiration date of December 31, 2025,
a copy of which is attached as Exhibit A (“Grant Agreement”); and
WHEREAS, the City desires to provide the proceeds of the LHIA Grant to the Sub-Grantee to
provide reimbursement for the grant-eligible activities of property and land acquisition on the terms and
conditions contained in this Agreement; and
WHEREAS, the City believes that the completion of the project, and fulfillment of this Agreement,
are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and
in accord with the public purposes and provisions of the applicable State of Minnesota and local laws and
requirements under which the Project has been undertaken and is being assisted; and
WHEREAS, the City and the Sub-Grantee desire to enter into this Agreement for the purpose of
setting forth their respective responsibilities with respect to the provision of the LHIA Grant.
NOW, THEREFORE, the parties agree to the following terms:
1. GRANT AGREEMENT. The Grant Agreement, attached as Exhibit A, is incorporated herein
by reference. If there are any inconsistencies or conflicts between this Sub-Grant agreement
and the Grant Agreement, the terms of the Grant Agreement will control. The definitions set
forth in the Grant Agreement will apply to this Sub-Grant Agreement to the extent applicable.
In addition to the terms, conditions and obligations described herein, the Sub-Grantee further
acknowledges, accepts, and assumes all of the City’s obligations described in the Grant
Agreement, unless such obligations can only be reasonably performed by the City. For purposes
of enforcing this Agreement, the Sub-Grantee acknowledges, accepts, and agrees that the City
shall inure to, and possess the rights and authority of the Council as described in the Grant
Agreement.
2. SUB-GRANT. Subject to the terms and conditions of this Agreement, the City grants the Sub-
Grantee an amount not to exceed the LHIA Grant for costs associated with the grant-eligible
activities. In consideration for the sub-grant, Sub-Grantee agrees to perform all of its
obligations under this Agreement. Proceeds of the LHIA Grant will be disbursed in accordance
with Paragraphs 4 and 5 of this Agreement.
3. TIME OF PERFORMANCE. Sub-Grantee must acquire four (4) homes in accordance with
the terms set forth herein. Sub-Grantee must commence and complete the acquisition process
and submit all requests for disbursement prior to December 31, 2025.
4. CONDITIONS PRECEDENT TO DISBURSEMENT. The following requirements are
conditions precedent to the City’s disbursement of any of the LHIA Grant funds to the Sub-
Grantee:
A. The Sub-Grantee must have provided evidence satisfactory to the City showing that
Sub-Grantee is a party to an executed purchase agreement under which Sub-Grantee
will acquire fee simple title to the home(s), that any contingencies on the sale have
been met, and that closing has been scheduled;
B. The Sub-Grantee must have provided evidence satisfactory to the City that the grant-
eligible activities and contemplated use thereof are permitted by and comply in all
material respects with all applicable restrictions and requirements in prior
conveyances, zoning ordinances, subdivision and platting requirements, and other
laws and regulations;
C. The Sub-Grantee must have provided evidence satisfactory to the City that other
conditions specified in the authorizing City resolution and the Grant Agreement have
been duly satisfied by the Sub-Grantee or waived in writing by the City or Council,
as applicable;
D. There must be no uncured Event of Default (as defined in Paragraph 7), and no event
which with the giving of notice or the lapse of time or both would constitute an Event
of Default, shall have occurred and be continuing and all representations and
warranties made by the Sub-Grantee in Paragraph 6 hereof shall continue to be true
and correct as of the date of such disbursement; and
E. The Sub-Grantee must have provided to the City such evidence of compliance with
all the provisions of this Sub-Grant Agreement as the City may reasonably request.
5. REQUESTS FOR DISBURSEMENT. It is expressly agreed and understood that the total
amount to be paid by the City under this Contract will not exceed the amount of the LHIA
Grant.
A. Disbursement. The City and Sub-Grantee agree that, on the terms and subject to the
conditions hereinafter set forth and the conditions set forth in the Grant Agreement,
The LHIA Grant will be disbursed from the City to the Sub-Grantee, or the Sub-
Grantees agent or designee, in disbursements, with the last disbursement being made
upon one hundred percent (100%) completion of the grant-eligible activities.
Notwithstanding anything to the contrary herein, the City is only obligated to make
the disbursements hereunder to pay project costs in an amount up to or equal to the
lesser of the amount of the LHIA Grant or the amount actually disbursed by the
Council to the City under the Grant Agreement and such obligation is further subject
to the conditions of Paragraph 4 hereof.
B. Disbursement Request.
1. When the Sub-Grantee desires to obtain a disbursement of the LHIA Grant,
the Sub-Grantee shall submit to the City, and the Council if required, the
Disbursement Request Form attached hereto as Exhibit B, together with any
additional documents required by the City of the Council, duly signed by Sub-
Grantee.
2. The Disbursement Request Form shall be submitted by the Sub-Grantee at
least thirty (30) days prior to the date of the requested disbursement. The
Disbursement Request Form shall constitute a representation and warranty by
the Sub-Grantee to the City that all representations and warranties of the Sub-
Grantee set forth in Paragraph 6 are true and correct as of the such
Disbursement Request Form, except for such representations and warranties
which, by their nature, would not be applicable as of the date of such
Disbursement Request.
3. Upon receipt of the Disbursement Request Form, if the City has determined
that all the conditions set forth in Paragraphs 4 and 5 have been satisfied, a
request for disbursement will be submitted to the Council. The adequacy of
the request for disbursement will be determined by the City and the Council
in their sole discretion, but such request may not be denied by the City if all
conditions in Paragraphs 4 and 5 hereof have been satisfied. After submission
of the Disbursement Request Form, if the Sub-Grantee has performed all of
its agreements and complied with all requirements to be performed or
complied with under this Agreement and the Grant Agreement, including
satisfaction of all applicable conditions precedent contained in Paragraph 4
hereof, the City will make a disbursement to the Sub-Grantee, or the Sub-
Grantee’s agent or designee, in the amount of the requested disbursement or
such lesser amount as shall be approved, with forty-five (45) days after the
date of the City’s receipt of the Disbursement Request Form, or, if later, upon
receipt of grant proceeds from the Council. Each disbursement will be paid
from the proceeds of the LHIA Grant, subject to the City’s and Council’s
determination that the relevant Project Cost is payable from the LHIA Grant
under the Grant Agreement. The City is under no obligation to disburse any
proceeds of the LHIA Grant until it receives a disbursement from the Council.
4. Upon an approved disbursement by the City and Council, City will disburse
to Sub-Grantee an amount equal to but not exceeding the Council
disbursement, constituting the required local program match.
6. REPRESENTATIONS AND WARRANTIES OF SUB-GRANTEE. Sub-Grantee
covenants, represents, warrants, and agrees that:
A. The Sub-Grantee is a 501(C)(3) organization duly organized and validly existing
under the laws of the State of Minnesota, is duly authorized to operate in the State of
Minnesota, has the power to enter into and execute this Agreement and by appropriate
action has authorized the execution and delivery of this Agreement.
B. Sub-Grantee will permit the City, upon reasonable notice, to examine all books,
records, contracts, plans, permits, bills, and statements of account pertaining to the
grant-eligible Activities and to make copies as the City may require.
C. Sub-Grantee will obey and comply with all federal, state, and local laws, rules, and
regulations in connection with the Project.
D. The City’s actions in approving the Sub-Grant will not be construed as an approval
by the City of providing any additional funds for the Project or other improvements
to the properties.
E. Sub-Grantee agrees to pay for all of the costs incurred to make grant-eligible activities
including any cost overruns. Except as identified in the Grant Agreement, there are
no public funds for the grant-eligible activities except for the LHIA Grant and required
matching funds from the City.
F. Sub-Grantee is bound by all the terms and conditions of the Grant Agreement to the
same extent as the City.
G. Sub-Grantee will comply with all requirements of the Grant Agreement applicable to
the Sub-Grantee.
7. DEFAULT. Any one or more of the following shall constitute an event of default (an “Event
of Default”) under this Agreement:
A. Sub-Grantee shall default in the performance or observance of any agreement,
covenant or condition required to be performed or observed by the Sub-Grantee under
the terms of this Agreement or the Grant Agreement, to the extent such obligations
exist, and such default shall not be remedied within sixty (60) days after written notice
to the Sub-Grantee from the City specifying such default.
B. The Sub-Grantee shall be in default of any term of any other agreement relating to the
grant-eligible activities which is not cured within sixty (60) days after written notice
from the City of if the default cannot be cured within sixty (60) days within such
reasonable time as is required to cure the default, provided that the Sub-Grantee is
diligently pursuing a cure.
C. Any representation or warranty made by the Sub-Grantee herein or any document or
certificate furnished to the City shall prove at any time to be materially incorrect or
misleading as of the date made.
D. The Sub-Grantee engages in any illegal activities.
E. The Sub-Grantee uses any of the LHIA Grand funds contrary to this Agreement or the
Grant Agreement which is not cured within sixty (60) days after written notice from
the City.
F. The Sub-Grantee shall fail to indemnify and hold harmless the City as set forth in
Paragraph 9.B which is not cured within ten (10) business days after written notice
from the City.
8. REMEDIES. Whenever any Event of Default has happened and is continuing beyond any
applicable cure period any one or more of the following remedial steps may be taken by the
City:
A. The City may terminate this Agreement;
B. The City may suspend or terminate any further disbursements to be made under this
Agreement;
C. The City may suspend its performance under this Agreement during the continuance
of the Event of Default; and/or
D. The City may take whatever action at law or in equity may be necessary or appropriate
to seek repayment or reimbursement of the LHIA Grant funds disbursed to the Sub-
Grantee, to enforce performance and observance of any obligation, agreement,
covenant, representation or warranty of the Sub-Grantee under this Agreement, or any
related instrument; or to otherwise compensate the City for any damages on account
of such Event of Default.
No remedy conferred upon or reserved to the City is intended to be exclusive of any other available
remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition
to every other remedy given under this Agreement or now or hereafter existing at law or in equity
or by statute. No delay or omission to exercise any right or power accruing upon any Event of
Default shall impair any such right or power, nor shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as often as may be deemed expedient.
In order to entitle the City to exercise any remedy reserved to it in this Paragraph, it shall not be
necessary to give any notice, other than such notice as may be herein expressly required or be
required by law.
9. ADDITIONAL REQUIREMENTS.
A. Independent Contractor. Nothing contained in this Agreement is intended to, or may be
construed in any manner, as creating or establishing the relationship of employer/employee
between the parties. The Sub-Grantee will at all times remain an independent contractor
with respect to the Project work. The City is exempt from payment of all unemployment
compensation, FICA, retirement, life and/or medical insurance and workers’ compensation
insurance because the Sub-Grantee is an independent contractor.
B. Indemnification and Hold Harmless. Sub-Grantee will defend, indemnify, and hold
harmless the City and its elected officials, employees, and agents, including the
independent contractors, consultants and legal counsel, servants and employees thereof
(the “Indemnified Parties”) from and against all claims, damages, losses, and expenses,
including but not limited to reasonable attorneys’ fees, arising out of or resulting from the
conduct or implementation of the Project activities funded by the Sub-Grant Agreement,
or by reason of this Agreement and against any loss or damage to property or any injury to
or death of any person occurring at or about or resulting from any defect in the Project, and
of and from any and all claims and demands whatsoever that may be asserted against City
by reason of any alleged obligations or undertakings on the Sub-Grantee’s part to perform
or discharge any of the terms, covenants, or agreements contained herein except to the
extent the claims, damages, losses, and expenses arise from the City’s own negligence.
Claims included in this indemnification include, without limitation, any claims asserted
pursuant to the Minnesota Environmental Response and Liability Act (MERLA),
Minnesota Statutes Chapter 15B, the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code, title
42, section 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976
(RCRA) as amended, United States Code, title 42, sections 6901 et seq. This obligation
may not be construed to negate, abridge, or otherwise reduce any other right or obligation
of indemnity which otherwise would exist between the City and Sub-Grantee. The
provisions of this Paragraph shall survive the execution, delivery, performance and/or or
termination of this Agreement. This indemnification may not be construed as a waiver on
the part of the City of any immunities or limits on liability provided by Minnesota Statutes
chapter 466, or other applicable state or federal law.
10. NOTICES. Communication and details concerning this Sub-Grant Agreement must be
directed to the following:
If to City: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Community Development Director
Phone: (952) 949-8489
If to Sub-Grantee: West Hennepin Affordable Housing Land Trust
5100 Thimsen Avenue, Suite 120
Minnetonka, MN 55345
Attn: Brenda Lano-Wolke
With a copy to: Margaret L. Neuville
Gregerson, Rosow, Johnson, & Nilan, Ltd.
100 Washington Ave. S. Suite 1550
Minneapolis, MN 55401
Phone: (612) 436-7463
All notices required or permitted under this Sub-Grant Agreement must be in writing and must be
sent by personal delivery, by United States registered or certified mail (postage prepaid), or by an
independent overnight courier service, addressed to the addresses specified above or at such other
place as either party may designate to the other party by written notice given in accordance with
this section. Notices given by mail are deemed delivered and received within four business days
after the party sending the notice deposits the notice with the United States Post Office. Notices
delivered by courier are deemed delivered and received on the next business day after the day the
party delivering the notice timely deposits the notice with the courier for overnight (next business
day) delivery.
11. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards. The Sub-Grantee must maintain the necessary source
documentation and enforce sufficient internal controls as dictated by generally accepted
accounting practices to properly account for Project costs.
B. Records.
1. Retention. The Sub-Grantee must retain all records pertinent to the Project costs for a
minimum of six years following the completion of the Project or expenditure of the
Subgrant funds, whichever occurs earlier.
2. Availability. Upon request, Sub-Grantee must submit to the City a full account of the
status of the activities undertaken as part of this Agreement. The following records
shall be maintained by the Sub-Grantee, copies of which shall be submitted in such
form as City staff may prescribe:
a. All receipts and invoices relating to expenditure of LCDA Grant funds.
b. Records must be sufficient to reflect all costs incurred in performance of this
Agreement.
Sub-Grantee must further provide such information as requested by the City to enable the City to
provide annual and semi-annual written reports to the Council pursuant to Section 2.05(c) and
4.03 of the Grant Agreement.
3. State Audits. Under Minn. Stat. § 16C.05, subd. 5, Sub-Grantee’s Project-related
books, records, documents, and accounting procedures and practices relevant to this
Sub-Grant Agreement are subject to examination by the State and/or the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six (6) years following the
expenditure of the Subgrant funds, whichever occurs earlier.
4. Government Data Practices. Sub-Grantee and City must comply with the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all Project-related
data provided by Sub-Grantee under this Agreement, and as it applies to all Project-
related data created, collected, received, stored, used, maintained, or disseminated by
Sub-Grantee under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to
the release of the Project-related data referred to in this clause by either Sub-Grantee
or the City. If Sub-Grantee receives a request to release the Project related data referred
to in this clause, Sub-Grantee must immediately notify the City. The City will give
Sub-Grantee instructions concerning the release of the Project-related data to the
requesting party before the Project related data is released.
5. Close-Outs. The Sub-Grantee’s obligation to the City will continue until all Council
closeout requirements are met. The City will specify in writing any remaining Council
closeout requirements to the Sub-Grantee.
12. MISCELLANEOUS
A. Amendments. Any amendment to this Sub-Grant Agreement 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 Sub-Grant Agreement, or their successors in office.
B. Waiver. The failure of either party to enforce any provision of this Sub-Grant Agreement does
not result in a waiver of the right to enforce the same or another provision of the Sub-Grant
Agreement in the future.
C. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law
provisions, governs this Sub-Grant Agreement. Venue for all legal proceedings out of this Sub-
Grant Agreement, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Hennepin County, Minnesota.
D. Termination for Insufficient Funding. Notwithstanding anything herein to the contrary, the Sub-
Grantee understands and agrees that any reduction or termination of the Grant may result in a
like reduction or termination of the Subgrant. In addition, if the Council fails or refuses to fund
the Grant, the City may immediately terminate this Sub-Grant Agreement by delivering written
notice to Sub-Grantee. The termination date will be the date the notice is delivered to Sub-
Grantee and the City is not obligated to pay for any costs incurred after the termination date;
provided, however, Sub-Grantee will be entitled to payment, determined on a pro rata basis,
for costs incurred up to the termination date to the extent that Grant funds are available.
E. Attorneys’ Fees and Expenses. In the event the Sub-Grantee should default under any of the
provisions of this Agreement and the City should employ attorneys or incur other expenses for
the collection of amounts due hereunder or the enforcement of performance of any obligation
or agreement on the part of the Sub-Grantee, the Sub-Grantee will on demand pay to the City
the reasonable fee of such attorneys and such other expenses so incurred, but only in the event
the City prevails in pursuing such claims.
F. Counterparts. This Sub-Grant Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which taken together shall constitute one and
the same agreement. This Agreement may be transmitted by fax or by electronic mail in
portable document format ("pdf") and signatures appearing on faxed instruments and/or
electronic mail instruments shall be treated as original signatures.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
[SIGNATURE PAGES FOLLOW]
CITY OF EDEN PRAIRIE
By: Ronald A. Case
Its: Mayor
Date: __________________________
By: Rick Getschow
Its: City Manager
Date: _________________________
West Hennepin Affordable Housing Land Trust (dba Homes Within Reach)
By: ___________________________
Its: ____________________________
Date: __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 15, 2023
DEPARTMENT / DIVISION
Jonathan Stanley, Housing & Community Services
Julie Klima, Community Development
ITEM DESCRIPTION
Execute a contract with Hennepin County for a $40,000 grant award made by Hennepin County’s Office of Broadband and Digital Inclusion
ITEM NO.
VIII.U.
Requested Action
Move to: execute a contract for a $40,000 Hennepin County grant between the City and County for specified grant eligible activities benefitting low-income Eden Prairie households by lowering their internet service charges.
Synopsis After the City applied for and received a Hennepin County Office of Broadband and Digital Inclusion grant award for $40,000, a sub-recipient contract governing use of the grant funds is needed between the City and the County.
Background This action will enable staff to begin working on its grant-approved activities under the Enhanced Connectivity Initiative, which aims to lower internet bills for low-income households of Briarhill
Apartments, Edendale Senior Residences, and Prairie Meadows Apartments by connecting them to the Federal Communications Commission’s Affordable Connectivity Program (ACP). These properties were selected because all households automatically qualify for participation vis-à-vis their residence in a Project-Based Section 8 property. Activities will include outreach to the communities and their residents, holding info sessions on the financial benefits of connecting to the ACP, and providing
technical assistance for those with linguistic, computer literacy, or other barriers that might otherwise prevent them from applying. Should funds be available beyond these three targeted properties, staff will look to additional primarily affordable developments to further market and connect residents to the program. Because of the high numbers of households of color, households with at least one disabled member, and seniors residing in the target properties this effort contributes meaningfully to the City’s
diversity and inclusion efforts. Attachments
• Resolution
• Enhanced Connectivity Initiative contract
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ RESOLUTION TO APPROVE THE ENHANCED CONNECTIVITY INITIATIVE GRANT AGREEMENT WITH HENNEPIN COUNTY
WHEREAS, on July 20th, 2021, the Hennepin County Board of Commissioners allocated up to $10 million in federal funding for its Connecting Hennepin Initiative through the newly formed Office of Broadband and Digital Inclusion; and
WHEREAS, Hennepin County invited communities within its borders to apply for funding
aimed at improving, adopting, or lowering the cost of broadband internet services through a competitive Request for Proposals; and WHEREAS, the City successfully applied to the Request for Proposals, being awarded up to
$40,000 for activities involving the reduction of internet service charges for low-income
households to be known as the Enhanced Connectivity Initiative; and WHEREAS, in order to receive grant funds, the City must sign the agreement; and
WHEREAS, the City wishes to receive these grant funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that the City Council accepts the agreement as proposed.
BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor, City Manager
or his designee to execute such Enhanced Connectivity Initiative Grant Agreement with Hennepin County. ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
_________________________ Ronald A. Case, Mayor
ATTEST: __________________________
Nicole Tingley, City Clerk
Contract No: PR00005481
1
AGREEMENT
This Agreement is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Hennepin County Office of Broadband and Digital Inclusion (“DEPARTMENT”), and City of Eden Prairie
8080 Mitchell Road Eden Prairie, MN 55344 (“CITY”).
The parties agree as follows: 1. TERM AND COST OF THE AGREEMENT
This Agreement shall commence upon execution by both parties and expire on December 31, 2024, unless cancelled or terminated earlier in accordance with the provisions herein. The total cost of this Agreement, including all reimbursable expenses, shall not exceed
Forty Thousand Dollars ($40,000).
2. CITY’S OBLIGATIONS
CITY shall perform and complete the activities outlined in Exhibit A to implement
broadband infrastructure and modernization projects within the CITY of Eden Prairie (the
“Project”). CITY shall report to COUNTY information about the Project as outlined in Exhibit A.
3. FEES AND PAYMENTS
Following the execution of this Agreement CITY shall invoice COUNTY and COUNTY shall pay CITY Project costs in the amount of Forty Thousand Dollars ($40,000). CITY shall use these funds exclusively for the Project which shall be completed on or before
December 31, 2024 unless COUNTY permits an extension in writing. If CITY fails to
use the funds for the Project within this timeframe and COUNTY has not permitted an extension in writing, the balance of said funds shall be returned to the COUNTY. All funds provided by COUNTY to CITY under this Agreement must be spent by CITY no later than December 31, 2024.
The parties expressly acknowledge and agree that, as between the parties, CITY shall be responsible for any Project costs and expenditures exceeding the Forty Thousand Dollars ($40,000) COUNTY obligation set forth herein.
COUNTY shall pay the duly submitted invoice within thirty (30) days. Payments shall
be made pursuant to COUNTY’s then applicable payment policies, procedures, rules and directions. COUNTY is not responsible for remedying fraudulent or unauthorized payments requested in CITY’s name.
Contract No: PR00005481
2
4. INDEPENDENT CONTRACTOR
CITY shall select the means, method, and manner of performing hereunder. Nothing is intended nor should be construed as creating or establishing the relationship of a partnership or a joint venture between the parties or as constituting CITY as the agent, representative, or employee of COUNTY for any purpose. CITY is and shall remain an
independent contractor under this Agreement. CITY shall secure at its own expense all
personnel required in performing hereunder. CITY’s personnel and/or subcontractors engaged to perform any work required by this Agreement will have no contractual relationship with COUNTY and will not be considered employees of COUNTY. COUNTY shall not be responsible for any claims related to or on behalf of any of
CITY’s personnel, including without limitation, claims that arise out of employment or
alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers’ Compensation Act (Minnesota Statutes Chapter 176) or claims of discrimination arising out of state, local or federal law, against CITY, its officers, agents, contractors, or employees. Such personnel or other persons
shall neither accrue nor be entitled to any compensation, rights, or benefits of any kind
from COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers’ compensation, unemployment compensation, disability, severance pay, and retirement benefits.
5. NON-DISCRIMINATION
In accordance with COUNTY’s policies against discrimination, CITY shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including
but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual
orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination.
6. INSURANCE AND INDEMNIFICATION
CITY represents and warrants that it is insured or self-insured consistent with the limits established in Minnesota Statutes, including but not limited to workers compensation insurance, and in coverage amounts necessary to manage liabilities hereunder.
CITY shall defend, indemnify, and hold harmless COUNTY, its present and former officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including attorney’s fees, resulting directly or indirectly from any act or omission of CITY, a subcontractor, ,
anyone directly or indirectly employed by them, and/or anyone for whose acts and/or
omissions they may be liable in the performance of this Agreement, and against all loss by reason of the failure of CITY to perform any obligation under this Agreement. For clarification and not limitation, this obligation to defend, indemnify and hold harmless
Contract No: PR00005481
3
includes but is not limited to any liability, claims or actions resulting directly or indirectly from alleged infringement of any copyright or any property right of another, the
employment or alleged employment of CITY personnel, the unlawful disclosure and/or
use of protected data, or other noncompliance with the requirements of these provisions. 7. DUTY TO NOTIFY
CITY shall promptly notify COUNTY of any demand, claim, action, cause of action or
litigation brought against CITY, its employees, officers, agents or subcontractors, which arises out of this Agreement. CITY shall also notify COUNTY whenever CITY has a reasonable basis for believing that CITY and/or its employees, officers, agents or subcontractors, and/or COUNTY, might become the subject of a demand, claim, action,
cause of action, administrative action, criminal arrest, criminal charge or litigation arising
out of this Agreement. 8. DATA PRIVACY AND SECURITY
CITY, its officers, agents, owners, partners, employees, volunteers and subcontractors
shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy, confidentiality or security of data, which may include the Health Insurance Portability
and Accountability Act of 1996 and its implementing regulations (HIPAA). For
clarification and not limitation, COUNTY hereby notifies CITY that the requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. CITY shall promptly notify COUNTY if CITY becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy or
confidentiality laws, and shall also comply with the other requirements of this Section.
Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “trade secret” by CITY does not necessarily make the data protected as such under any applicable law.
9. RECORDS – AVAILABILITY/ACCESS
Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, COUNTY, the State Auditor, or any of their authorized representatives, at any time during normal
business hours, and as often as they may reasonably deem necessary, shall have access to
and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of CITY and involve transactions relating to this Agreement. CITY shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration,
cancellation or termination.
Contract No: PR00005481
4
10. SUCCESSORS, SUBCONTRACTING AND ASSIGNMENTS
A. CITY binds itself, its partners, successors, assigns and legal representatives to
COUNTY for all covenants, agreements and obligations herein. B. CITY shall not assign, transfer or pledge this Agreement whether in whole or in part, nor assign any monies due or to become due to it without the prior written
consent of COUNTY. A consent to assign shall be subject to such conditions and
provisions as COUNTY may deem necessary, accomplished by execution of a form prepared by COUNTY and signed by CITY, the assignee and COUNTY. Permission to assign, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement.
C. Other than contracting with its selected Internet Service Provider, CITY shall not subcontract this Agreement whether in whole or in part, without the prior written consent of COUNTY. Permission to subcontract, however, shall under no circumstances relieve CITY of its liabilities and obligations under the Agreement.
Further, CITY shall be fully responsible for the acts, omissions, and failure of its
subcontractors in the performance of any specified contractual services, and of person(s) directly or indirectly employed by subcontractors. Contracts between CITY and each subcontractor shall require that the subcontractor’s services be performed in accordance with this Agreement. CITY shall make contracts
between CITY and subcontractors available upon request. For clarification and
not limitation of the provisions herein, none of the following constitutes assent by COUNTY to a contract between CITY and a subcontractor, or a waiver or release by COUNTY of CITY’s full compliance with the requirements of this Section: (1) COUNTY’s request or lack of request for contracts between CITY and
subcontractors; (2) COUNTY’s review, extent of review or lack of review of any
such contracts; or (3) COUNTY’s statements or actions or omissions regarding such contracts. D. As required by Minnesota Statutes section 471.425, subd. 4a, CITY shall pay any
subcontractor within ten (10) days of CITY’s receipt of payment from COUNTY
for undisputed services provided by the subcontractor, and CITY shall comply with all other provisions of that statute. 11. MERGER, MODIFICATION AND SEVERABILITY
A. The entire Agreement between the parties is contained herein and supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this
Agreement and referenced or attached items, the terms of this Agreement shall
prevail.
Contract No: PR00005481
5
CITY and/or COUNTY are each bound by its own electronic signature(s) on this Agreement, and each agrees and accepts the electronic signature of the other
party.
B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. Except as expressly provided, the
substantive legal terms contained in this Agreement including but not limited to
Indemnification, Insurance, Merger, Modification and Severability, Default and Cancellation/Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 12. DEFAULT AND CANCELLATION/TERMINATION
A. COUNTY may upon written notice immediately cancel or terminate this Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just cause for COUNTY to delay payment until CITY’s compliance. In the event of a decision to withhold payment, COUNTY shall
furnish prior written notice to CITY. In the event of cancellation/termination,
COUNTY shall have no obligation to reimburse Project expenditures for which a reimbursement request has not been received by the date of cancellation/termination.
B. Notwithstanding any provision of this Agreement to the contrary, CITY shall
remain liable to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by CITY. Upon notice to CITY of the claimed breach and the amount of the claimed damage, COUNTY may withhold any payments to CITY for the purpose of set-off until such time as the exact amount of damages
due COUNTY from CITY is determined. Following notice from COUNTY of
the claimed breach and damage, CITY and COUNTY shall attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to
COUNTY under this Agreement, law, statute, rule, and/or equity.
D. COUNTY’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not
constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
Contract No: PR00005481
6
13. SURVIVAL OF PROVISIONS
Provisions that by their nature are intended to survive the term, cancellation or
termination of this Agreement do survive such term, cancellation, or termination. Such provisions include but are not limited to: CITY’S OBLIGATIONS; INDEPENDENT CONTRACTOR; INDEMNIFICATION; DUTY TO NOTIFY; DATA PRIVACY AND SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TERMINATION; MEDIA AND MARKETING; and MINNESOTA
LAW GOVERNS. 14. CONTRACT ADMINISTRATION
PHILIP ESSINGTON (philip.essington@hennepin.us; (612) 348-0221) (“Contract
Administrator”), shall manage this Agreement on behalf of COUNTY and serve as liaison between COUNTY and CITY. JONATHAN STANLEY (jstanley@edenprairie.org) (952) 949-8439 shall manage the
agreement on behalf of CITY. CITY may replace such person but shall immediately give
written notice to COUNTY of the name, phone number and email/fax number (if available) of such substitute person and of any other subsequent substitute person. 15. COMPLIANCE AND NON-DEBARMENT CERTIFICATION
A. CITY shall comply with all applicable federal, state and local statutes, funding sources, regulations, rules and ordinances currently in force or later enacted. B. CITY certifies that it is not prohibited from doing business with either the federal
government or the state of Minnesota as a result of debarment or suspension
proceedings. 16. PAPER RECYCLING
COUNTY encourages CITY to develop and implement an office paper and newsprint
recycling program. 17. NOTICES
Unless the parties otherwise agree in writing, any notice or demand which must be given
or made by a party under this Agreement, or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator with a copy to the originating COUNTY department at the address given in the opening paragraph of this Agreement. Notice to CITY shall be sent to the
address stated in the opening paragraph of this Agreement or to the address stated in
CITY’s Form W-9 provided to COUNTY.
Contract No: PR00005481
7
18. CONFLICT OF INTEREST
CITY affirms that to the best of CITY’s knowledge, CITY’s involvement in this
Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of this Agreement. Should any conflict or potential conflict of interest become known to CITY, CITY shall immediately notify COUNTY of the conflict or potential conflict, specifying the part of this Agreement giving rise to the
conflict or potential conflict, and advise COUNTY whether CITY will or will not resign
from the other engagement or representation. Unless waived by COUNTY, a conflict or potential conflict may, in COUNTY’s discretion, be cause for cancellation or termination of this Agreement.
19. MEDIA AND MARKETING
The parties shall cooperatively and collaboratively develop Project marketing including but not limited to a permanent plaque or sign, news releases, public announcements, social media, video, civic opportunities, logos and community events. CITY shall not
unreasonably refuse or withhold participation from any COUNTY initiated marketing
project, plan or strategy. CITY shall provide an advance copy of any independently developed messaging and marketing materials regarding the Project to COUNTY for review and approval.
COUNTY may, in its sole discretion, reject any proposed marketing if COUNTY
determines the proposed marketing does not reflect the spirit or intent of the Project, this Agreement, or is otherwise contrary to COUNTY’s best interests. For clarification and not limitation, this section applies all media, social media, news
releases, external facing communications, advertising, marketing, promotions, client lists,
civic/community events or opportunities and/or other forms of outreach created by, or on behalf of, CITY (i) that reference or otherwise use the term “Hennepin County,” or any derivative thereof; or (ii) that directly or indirectly relate to, reference or concern the County of Hennepin, this Agreement, the Project, or COUNTY personnel, including but
not limited to COUNTY employees and elected officials.
20. MINNESOTA LAWS GOVERN
The laws of the state of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the state of Minnesota.
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Contract No: PR00005481
8
COUNTY BOARD AUTHORIZATION Exhibit A
Reviewed for COUNTY by the County Attorney's Office: {{Sig_es_:signer2:signature}}
{{userstamp2_es_:signer2:stamp}}
Reviewed for COUNTY by:
{{Sig_es_:signer3:signature}}
{{userstamp3_es_:signer3:stamp}}
Board Resolution No:
{{*BoardResolution_es_:signer3:brs}}
COUNTY OF HENNEPIN STATE OF MINNESOTA By: {{Sig_es_:signer5:signature}}
{{userstamp5_es_:signer5:stamp}}
ATTEST:
{{Sig_es_:signer6:signature}}
{{userstamp6_es_:signer6:stamp}}
By:
{{Sig_es_:signer4:signature}}
{{userstamp4_es_:signer4:stamp}}
Contract No: PR00005481
9
CITY OF EDEN PRAIRIE
CITY warrants that the person who executed this Agreement is authorized to do so on behalf of CITY as required by applicable articles, bylaws, resolutions, or ordinances. *
By:
{{Sig_es_:signer2:signature}}
{{userstamp2_es_:signer2:stamp}}
{{ ttl_es_:signer2:title}}
By:
{{Sig_es_:signer1:signature}}
{{userstamp1_es_:signer1:stamp}}
{{ ttl_es_:signer1:title}}
*CITY represents and warrants that it has submitted to COUNTY all applicable documentation
(articles, bylaws, resolutions, or ordinances) that confirms the signatory's delegation of authority. Documentation is not required for a sole proprietorship.
Contract No: PR00005481
10
Exhibit: A Section 1
Project Description and Cost 1. Deliverables
CITY’s Enhanced Connectivity Initiative will improve internet availability and access, and lower
costs primarily for residents of three Project-Based section 8 properties in the City. Together, the three properties - Briarhill Apartments, Edendale Senior Residences, and Prairie Meadows Apartments - serve just over 350 households and well over 1,000 individuals. These residents all qualify for the program vis-à-vis their receipt of tenant-based rental assistance (TBRA). If need
at these facilities is less urgent than expected, the CITY and a selected consultant will target
other mostly or fully affordable properties with a stretch goal of connecting 500 families to the Affordable Connectivity Program (ACP). Match with RFP Goals & Priorities
Goals of this initiative includes:
• Supporting low-income households
• Serving households where English is not the primary language.
• Improving access for BIPOC communities
• Providing better options for low-income seniors CITY will contract for a skilled consultant with research, outreach, and facilitation skills to help
assess and address barriers and limitations to accessing suitably high-speed services and getting
residents connected to programs that can be of substantial financial benefit. 2. Local Contribution
CITY’s Somali Liaison & Community Services Representative, the Housing & Community
Services (HCS) Manager, and the Community Services Coordinator, will play specific and supportive roles to the consultant as the CITY reaches out to the properties and plan effective programming to spur applications to the ACP. Services that would be provided by CITY staff include the following:
• Creation of the initial RFP and evaluation of applicants
• Tracking and management of the project consultant, ensuring all requirements are met
• Translation of ACP documents & directly during outreach events from English to Somali
• General event planning and coordination with property management
• Working with the City’s Senior Center staff and Senior Community Services to help seniors with technical barriers to access and use broadband services.
Once mechanics of facilitating applications for and understanding rules regarding participation in the ACP are better understood by staff, the HCS Division would continue to promote and enroll residents in the ACP through the walk-in service location and through phone and email communications. CITY’s HCS office sees many low-income residents anxious to apply for programming that help ends meet.
Contract No: PR00005481
11
3. Timeline
(The remainder of this page is intentionally left blank)
Contract No: PR00005481
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Section 2
Project Reporting Requirements
CITY shall use a format specified by COUNTY to report Project results. CITY agrees to submit the following information on a bi-annual basis or as otherwise required by COUNTY.
The following are examples of required reporting (actual reporting requirements will be based
upon the CITY’s proposal/application): D. Broadband adoption activities, such as outreach, marketing, education,
assistance enrolling in low-cost internet plans including Affordable Connectivity
Program
1. A narrative of the broadband adoption activities conducted during the
reporting period conducted by the CITY or community partners. 2. The CITY’s overall approach to broadband adoption, and specific plans reach out to groups who live or work in the community and are more likely to experience digital barriers such as seniors, low-income residents, BIPOC communities, and people with limited English proficiency.
3. Any partnerships or collaborations with schools, anchor institutions, or other community partners 4. A summary of the community outreach activities conducted during the reporting period, including the individual events or campaigns. Activities can include supporting households in enrolling in low-cost internet
services including the Affordable Connectivity Program, education about consumer choice and broadband options, train-the-trainer events, technical support for home internet, or other innovative programing. a. How many Hennepin County households were reached through CITY’s broadband adoption activities? Any available
demographic information about the households engaged should be provided. b. How many hours were spent conducting broadband adoption activities by CITY project partners during the reporting period? c. The outcomes of these efforts. Outcomes could include the number
of people newly enrolled in low-cost internet plans, the number of people enrolled in high-speed internet plans, success stories about the impact on specific households or neighborhoods. (The remainder of this page is intentionally left blank)
Contract No: PR00005481
13
Exhibit B: Budget
Project Expenses Description Total cost
Staff Hours - Info Sessions (3 persons @ 130 / Hour)
30 hours @ $130 / hour $3,900
Assistance with ACP Connections (3 @ $130 / hour)
140 hours @ $130 / hour $18,200
Local Grant Administration 60 hours at $130 / hour $7,800
Travel charges 200 miles @ $.625 per mile $125
Legal (City Attorney) 16 hours @ $225 / hour $3,600
Communications 8 hours @ $100 / hour $800
Event Refreshments 9 events @ $150 / event $1,350
Printing charges 1,500 color sheets @ $.10 / sheet $150
Miscellaneous TBD $4,000
Total (NTE) $39,925
If during the term of this Agreement, PROVIDER's actual expenses do not reflect budgeted levels, then PROVIDER may submit a written request to COUNTY for approval of a budget
change. At COUNTY's discretion and only when approved in writing by the Contract Manager,
COUNTY may allow line-item budget changes that do not increase COUNTY's total cost for this Agreement. Such approval shall not be deemed a material modification of the Agreement. (The remainder of this page is intentionally left blank)
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: August 15, 2023
DEPARTMENT / DIVISION:
Gerald Byington, Fleet Services
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Surplus Fleet and IT Equipment
ITEM NO.: VIII.V.
Requested Action Move to: Declare the attached list of fleet and IT equipment (property, vehicles, and computer equipment) as surplus for disposal through authorized methods.
Synopsis Fleet Services routinely requests the City Council to declare equipment and vehicles surplus as they reach the end of their useful life or are being replaced by newer equipment or vehicles. These
items are either traded in for newer items at dealerships or sold at auction. The sale of used
vehicles and equipment helps fund the purchase of new vehicles and equipment. The City of Eden Prairie has agreements in place with Jeff Martin Auctions, the State of Minnesota, Department of Administration Surplus Services and other on-line auction services to participate in their regularly scheduled vehicle and equipment auctions. Occasionally, depending on the vehicle or equipment,
a minimum auction reserve amount is set and if not met other avenues such as trade-ins for new
equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city’s Purchasing Policy and City Code. The City has a surplus of obsolete computer equipment. The equipment in the attached list is of
no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
Attachments Attach 1 – Fleet Surplus Property/Equipment List Attach 2 – Fleet Surplus Vehicle List
Attach 3 – IT Surplus Equipment List
2023 Surplus Property/Equipment List
Item #Quantity Description
1 20 Barricade cross bars and supports
2 30 Bifold Barricades
3 4 Folding signs
4 4 Metal Tool Boxes
5 3 Pop Up Tents
6 1 Dayton Floor Scrubber with charger. (Needs Batteries)
7 30 Tables various types
8 1 Plastic Fuel Tank Unknown
9 1 box miscellaneous electrical components/connectors
10 2 hydraulic control valves
11 1 gas powered chain saw
12 1 Rack assorted metal brake lines
13 2 small garment racks
14 6 Various large water valves
15 1 electric locator kit
16 1 Tote Miscellaneous bladders/pouches
17 1 Tote Miscellaneous items
18 1 Computer mount stand
19 1 Metal Disc Plow Blade
20 1 Set of Audio equipment ,speakers, controllers
21 1 Tailgate Sander
22 1 Under Body Scraper Blade
23 1 Wing Plow with mounting equipment
24 1 Prewet Tank for tailgate mounting
25 1 Front large truck snowplow
Vehicle #Year VIN Make Model Miles/Hours Estimated Salvage value
173 2003 2FZAAWAK23AK39842 Sterling L8511 72761 mi $12,000.00
195 2011 1UK500K2XB1070585 Interstate MFG 1722TA2 N/A $7,500.00
407 1996 95002310 Cushman Truckster 5392 hrs.$2,000.00
239 2021 2C3CDXKG4MH644661 Dodge Charger 29133 mi $4,000.00
294 2014 1FMCU9GX4EUD73398 Ford Escape 36964 mi $5,000.00481201331599N-313000146 Toro 5910 5696 hrs.$8,000.00
208 2019 2C3CDXKT6KH600560 Dodge Charger 75260 MI $8,000.00
222 2017 2C3CDXKT2HH526479 Dodge Charger 120797 mi $7,500.00
225 2015 2C3CDXKT1FH841660 Dodge Charger 114493 mi $7,500.00
240 2018 2C3CDXKTXJH295420 Dodge Charger 111468 mi $7,500.00
1761 2006 1FVACYDC36HW42192 Freightliner M2 106 67400 mi $20,000.00
1771 2006 1FVACYDC56HW42193 Freightliner M2 106 63439 mi $20,000.004982014314000119Toro7200759 hr $5,000.00
705 2008 1FMCU59H08KA85344 Ford Escape Hybrid 61607 mi $5,000.00
120 2011 1GT02ZC81BF215984 GMC Sierra 2500 61362 mi $10,000.00
123 2012 1GC2KVC81CZ313057 Chevrolet Silverado 2500HD 59327 mi $11,000.00
511 2011 NM0LS7DN4BT068368 Ford Transit Connect 53680 mi $4,000.00
516 2012 NM0LS7DN6CT110461 Ford Transit Connect 41463 mi $4,000.00
124 2012 1GC0KVC84CZ314551 Chevrolet Silverado 2500HD 74592 mi $10,000.00
127 2011 1GT02ZC80BF216348 GMC Sierra 2500 68278 mi $11,000.00
155 2012 1GC2KVC83CZ311519 Chevrolet Silverado 2500HD 75500 mi $10,000.00
462 2013 1GC2KVC84DZ373173 Chevrolet Silverado 2500HD 67008 mi $11,000.00
463 2013 1GC2KVC80DZ373140 Chevrolet Silverado 2500HD 91821 mi $10,000.0071520121GC2KVC86CZ318688Chevrolet Silverado 2500HD 75848 mi $12,000.00
799 1987 W1119 Sykes Univac GP200-60 1429 Hrs $2,000.00
$214,000.00
Asset Type Manufacturer Model Serial Number
PC HP HP EliteDesk 800 G3 SFF MXL8232NLT
PC HP HP EliteDesk 800 G4 SFF MXL9141WSZ
PC HP HP EliteDesk 800 G4 SFF MXL8502F2F
PC HP HP EliteDesk 800 G3 SFF MXL83224GV
PC HP HP EliteDesk 800 G4 SFF MXL9112TKY
PC HP HP EliteDesk 800 G4 SFF MXL9141WSF
PC HP HP EliteDesk 800 G4 SFF MXL9112TL1
PC HP HP EliteDesk 800 G4 SFF MXL9112TLO
PC HP HP EliteDesk 800 G4 SFF MXL9112TKX
PC HP HP EliteDesk 800 G4 SFF MXL8502F29
PC HP HP EliteDesk 800 G3 SFF 2UA8121K0K
PC HP HP EliteDesk 800 G4 SFF MXL8502F2C
PC HP HP EliteDesk 800 G2 SFF 2UA7082H46
PC HP HP EliteDesk 800 G4 SFF MXL8502F2H
PC HP HP EliteDesk 800 G4 SFF MXL8502F2L
PC HP HP EliteDesk 800 G4 SFF MXL8502F2D
PC HP HP EliteDesk 800 G4 SFF MXL9281SQ2
PC HP HP EliteDesk 800 G4 SFF MXL9112TKW
PC HP HP EliteDesk 800 G4 SFF MXL9281SQ4
PC HP HP EliteDesk 800 G4 SFF MXL9141WST
PC HP HP EliteDesk 800 G4 SFF MXL9141WT0
Laptop HP EliteBook 840 G1 5CG4442XY9
Tablet Apple iPad DMPRQ3RKG5WQ
Tablet Apple iPad DMPRP553G5WQ
Tablet Apple iPad DMPP3DDWFK11
Tablet Apple iPad DMPRPMJ7G5WQ
Tablet Apple iPad DMPRQ2NHG5WQ
Tablet Apple iPad DMPRQ3ZMG5WQ
Tablet Apple iPad DMPRQ3VSG5WQ
PC HP HP EliteDesk 800 G4 SFF MXL9141WSG
PC HP HP EliteDesk 800 G4 SFF MXL9141WSK
PC HP HP EliteDesk 800 G4 SFF MXL9141WS3
PC HP HP EliteDesk 800 G4 SFF MXL9141WS3
PC HP HP EliteDesk 800 G4 SFF MXL9141WSQ
PC HP HP EliteDesk 800 G4 SFF MXL9112TKR
PC HP HP EliteDesk 800 G1 SFF 2UA43609Q9
PC HP HP EliteDesk 800 G4 SFF MXL9112TKZ
PC HP HP EliteDesk 800 G4 SFF MXL9141WSN
Laptop HP ProBook 440 G8 5CD109CS3H
Laptop HP ProBook 650 G2 5CG8335MZG
TV Toshiba 32L1400U E14280C19837D1
Camera Arlo VML403VWQ 51B39A71A0104
Hotspot inseego MIFI8800L 649496024116
Projector Casio XJ-A145 B033BDAF03-012295
Monitor Dell 1908FPt CN-0FP182-71618-81M-GGB4
Monitor ViewSonic WG2236wm-LED S53111401035
Monitor Acer V223W 9200906242
Server HP ProLiant DL360 Gen 9 1810B0138705
TV Toshiba 40L2400U E09281C01524D1
Printer HP LJ P4014N CNDX400008
Printer HP IJ8450 Q3388Y
Monitor Dell 1908FPb CN-0G313H-74261-86G-1JVL-A000
PC HP HP EliteDesk 800 G4 SFF MXL9112TKL
PC HP HP EliteDesk 800 G4 SFF MXL9141WSL
PC HP HP EliteDesk 800 G4 SFF MXL9141WSH
PC HP HP EliteDesk 800 G1 SFF 2UA5111M8V
PC HP HP EliteDesk 800 G3 SFF 2UA8121K0D
Laptop HP ProBook 450 G5 5CD8196L79
Copier Ricoh Aficio MP 2352 W413L200385
Requested Action Move to:
• Close the public hearing and,
• Adopt a Resolution for a PUD Concept Plan Review on 15.72 acres and,
• Approve the 1st Reading of an Ordinance for an amendment of a PUD District with waivers on 15.72 acres and,
• Direct Staff to prepare a Development Agreement Amendment incorporating Staff recommendations and Council conditions Synopsis The applicant is requesting a Site Plan Review and Planned Unit Development District Review with
waivers for the current Menards store to construct a gate expansion. Menards was approved through a Planned Unit Development (PUD) in 2009. Menards is proposing to construct an approximately 1,899 square foot gate structure with a roof and garage door entrances in the location of the current guard house. They are also proposing to add a second entrance lane for online order pick-up access. A staff member will be present at the gate house to assist customers entering and exiting the back warehouse
and online order pick-up area. The property is zoned Commercial Regional Services and guided Regional Commercial. The proposed project will not impact parking on the site. All trees removed as part of the project will be relocated or replaced in other locations on the site to maintain compliance with the current landscape plan.
Background ARCHITECTURE
The site plan is for an approximately 1,899 square feet roof structure over three (3) drive lanes on the north side of the building. The roof will be connected to the principal structure on one (1) side. By attaching the gate roof to the principal structure, Menards will also increase security to the back warehouse/online order pick-up area by making it fully enclosed. Currently, the drive lanes only have arm barriers for security. The gate roof will be enclosed on three (3) sides with the backside, facing the
warehouse area, remaining open. The support structures will be wrapped in brick materials to match the principal structure. The area above the garage doors will be EFIS in a tan color that compliments the principal structure. The roof will be steel panels to match the metal accents on the building’s main entrance.
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE
August 15, 2023
DEPARTMENT / DIVISION
Community Development/ Planning
Julie Klima/ Sarah Strain
ITEM DESCRIPTION
Menards PUD Amendment for Gate Expansion
ITEM NO.
IX.A.
UTILITIES
There is a public sewer main that runs under the current guard house and drive lanes. As part of this project, Menards will be relocating the sewer main outside of the gate expansion area and drive lanes. The current drainage and utility easement will be vacated, and a new drainage and utility easement will be dedicated over the new sewer line location. Menards has secured easements with the neighboring
property owner for construction access and to ensure structures will not be built in proximity of the
relocated sewer main. PLANNED UNIT DEVELOPMENT (PUD) WAIVERS As part of the existing PUD approval for the property, Menards has been granted the following waivers:
Base Area Ratio of 0.205, Floor Area Ratio of 0.401, required parking from 1,372 spaces to 526, fence
height of 14 feet, and outdoor storage of 44 percent of the building’s base area. In addition to these granted waivers, the applicant is seeking waivers to City Code requirements for the proposed project as outlined below:
1. Base Area Ratio (BAR)/Floor Area Ratio (FAR)
City Code has a maximum BAR of 0.2 and a maximum FAR of .4 for multistory commercial buildings. Menards has already received PUD waivers for BAR and FAR. The addition of the approximately 1,899 square foot gate canopy structure will increase the BAR to 0.27 and FAR to 0.437.
2. Side Yard Setback
In the Commercial Regional Services zoning district, side yard setbacks are 20 feet for either
principal or accessory structures. The attached canopy is located within the 20 foot side yard setback. This wavier allows a side yard setback of 11 feet, 8 inches. 3. Sign Area
City Code allows commercial properties sign area up to 15 percent of the building façade area up
to 300 square feet. The front of the building currently has roughly 298 square feet of signage. The proposed waiver would allow for 348 square feet of wall signage on the front façade of the Menards building.
4. Exterior Building Materials
City Code requires an exterior building materials ratio of 75 percent Class I and 25 percent Class II materials. The applicant is requesting a waiver for building materials requirements on the rear façade. The rear façade’s current ratio of Class I and Class II materials is 75 percent/25 percent. This waiver allows a ratio of 70.5 percent Class I and 29.5 Class II materials on the rear façade,
the difference being EIFS above the garage doors on the rear of the canopy structure. The rear
façade is not visible from the street or parking lot; it is only visible inside the storage yard/warehouse area. All other façades meet or exceed the 75/25 percent requirement.
PLANNING COMMISSION RECOMMENDATION The Planning Commission voted 6-0 to recommend approval of the project at their July 10, 2023 meeting, consistent with staff’s recommendation and the staff report dated July 10, 2023.
Attachments
1. Resolution for PUD Concept Plan
2. Ordinance for PUD Amendment
3. Planning Commission Staff Report
4. Draft Planning Commission Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF THE MENARDS GATE EXPANSION FOR MENARD, INC.
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on July 10, 2023, on the Menards gate expansion by Menard, Inc. and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on August 15, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. Menards, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans
dated January 20, 2023, April 12, 2023, and June 16, 2023.
3. That the PUD Concept meets the recommendations of the Planning Commission dated July 10, 2023.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of August, 2023.
_______________________ Ronald A. Case, Mayor ATTEST:
______________________________ Nicole Tingley, City Clerk
EXHIBIT A
PUD Concept
Legal Description: Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota
MENARDS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023-PUD-_-2023
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-REG-SER Zoning District as -2023-PUD-_-2023 (hereinafter "PUD-_-2023”).
Section 3. The City Council hereby makes the following findings:
A. PUD-_-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2023 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-_-2023 are justified by the design of the
development described therein.
D. PUD-_-2023 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-REG-SER Zoning District as Planned Unit Development PUD-
_-2023 and the legal descriptions of land in each district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _______________, 2023 entered into between Menard,
Inc., a Wisconsin corporation, and the City of Eden Prairie (hereinafter “Development
Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2023, 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 August, 2023, 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 ___ day of _______, 2023.
ATTEST:
__________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on August 24, 2023.
EXHIBIT A
PUD Legal Description Legal Description
Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota
STAFF REPORT
TO: Planning Commission FROM: Sarah Strain, Planner II
DATE: July 10, 2023 SUBJECT: Menards PUD Amendment for Gate Expansion LOCATION: 12600 Plaza Drive
APPLICANT: Menard, Inc. 120 DAY REVIEW: September 19, 2023
REQUEST: 1. Planned Unit Development Concept Review on 15.72 acres
2. Planned Unit Development District Review with waivers on 15.72 acres 3. Site Plan Review on 15.72 acres BACKGROUND
The applicant is requesting a Site Plan Review and Planned Unit Development District Review with
waivers for the current Menards store at 12600 Plaza Drive to construct a gate expansion. There is currently a small guard house at the entrance to the back warehouse area with arm barriers. Menards is proposing to construct a gate structure with a canopy and garage door entrances. They are also proposing to add a second entrance lane for online order pick-up access.
COMPREHENSIVE PLAN & ZONING The site is zoned Commercial Regional Services and guided Regional Commercial. No zoning or guide plan changes are proposed with this application. The property is surrounded by commercial uses and US-212.
SITE PLAN The plan proposes to construct an 1,899 square foot gate structure with a canopy in the approximate location of the current
guard house, outlined in red in the image to
the left. There is currently one (1) entrance lane and one (1) exit lane into the back warehouse
area. Menards is proposing to add a second
entrance lane to facilitate online order pick-up, which takes place at the back of the store. Guests will be able to enter the secure area and pick up online orders through a
Staff Report – Menards PUD Amendment for Gate Expansion
July 10, 2023 Page 2
2
barcode on their phone or receipt. An employee will present at the gate to help customers entering to pick up bulk/warehouse purchases and exiting with materials.
The project narrative notes a parking waiver in the list of PUD waiver requests. When the Menards building was approved in 2007, a proof of parking plan was provided. The gate expansion does not interfere with any of the proof of parking spaces, so a waiver for parking is not needed with this site plan review. The proposed site plan complies with the approved parking and proof of parking plan
provided in the original approval. ARCHITECTURE The site plan is for a canopy structure over three (3) drive lanes on the north side of the building. The
canopy will be connected to the principal structure on one (1) side. As the applicant notes in the
project narrative, the canopy is part of the company business model to provide shelter for employees and customers, and better facilitate online order pick-ups. By attaching the gate canopy to the principal structure, Menards will also be making the back warehouse/online order pick-up area more secure by making it fully enclosed. Currently, the drive lanes only have arm barriers for security.
The gate canopy will be enclosed on three (3) sides with the side facing the warehouse area
remaining open. The proposed canopy is approximately 1,900 square feet in size with 15 foot tall garage doors. The support structures will be wrapped in brick materials to match the principal structure. The area above
the garage doors will be EFIS in a tan color that compliments the principal structure. The roof will
be steel panels to match the metal accents on the building’s main entrance. Menards Gate Expansion Front Entry Elevation
Staff Report – Menards PUD Amendment for Gate Expansion
July 10, 2023 Page 3
3
Menards Gate Expansion Rear Elevation
The applicant is requesting a waiver for building materials requirements on the rear façade. The building’s current ratio of Class I to Class II materials is 75%/25%. The total amount of EFIS added on the rear façade is 553 square feet, altering the ratio of Class I and Class II materials to 70.5%
Class I/29.5% Class II. The EFIS color will complement the existing building. The rear façade is
only visible to employees and customers in the warehouse/online order pick-up area and is not visible from the street. UTILITIES
There is a public sewer main that runs under the current guard house and drive lanes. As part of
this application, Menards will be relocating the sewer main outside of the gate expansion area and drive lanes. The current drainage and utility easement will be vacated, and a new drainage and utility easement will be dedicated over the new sewer line location. Menards has secured easements with the neighboring property owner for construction access and to ensure structures
will not be built in proximity of the relocated sewer main. TREE REPLACEMENT & LANDSCAPING PLAN To accommodate the gate/canopy structure and third turn lane, five (5) trees will be removed and replaced elsewhere on the site. Three (3) of these trees will be relocated along Plaza Drive, and
two (2) of the trees will be moved to the storefront. SIGNS The applicant is requesting a waiver for signs as part of this application. City Code allows
Staff Report – Menards PUD Amendment for Gate Expansion
July 10, 2023 Page 4
4
commercial properties sign area up to 15 percent of the building façade area up to 300 square feet. The front of the building currently has roughly 298 square feet of signage. The proposed signage for
wayfinding on the gate structure is 50 square feet. The proposed waiver would allow for 348 square feet of wall signage on the front façade of the Menards building. All signs will require review and approval through a separate sign permit process. The Development Agreement will include standard language that all signs not granted a PUD waiver shall comply with
City Code requirements and will be reviewed through the sign permit process. PLANNED UNIT DEVELOPMENT (PUD) WAIVERS The purpose of a PUD as stated in the City Code is to provide for a more creative and efficient
approach to the use of land within the City; to allow variety in the types of environment available
to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As part of the existing PUD approval for the property, Menards has been granted the following
waivers: Base Area Ratio of 0.205, Floor Area Ratio of 0.401, required parking from 1,372 spaces to
526, fence height of 14 feet, and outdoor storage of 44 percent of the building’s base area. In addition to these granted waivers, the applicant is seeking waivers to City Code requirements for the proposed project as outlined below:
1. Base Area Ratio (BAR)/Floor Area Ratio (FAR)
City Code has a maximum BAR of 0.2 and a maximum FAR of 0.4 for multistory commercial buildings. As previously mentioned, Menards has already received PUD waivers for BAR and FAR. This ratio includes the approximately 42,000 square foot warehouse area and the three (3) retail shops immediately east of Menards that share the
15 acre parcel. Any additions to the principal structure increase the BAR and FAR based
on City Code definitions. The addition of an approximately 1,900 square foot gate canopy structure will increase the BAR to 0.27and FAR to 0.437. There will be no goods or services for sale or stored in the gate structure; it will serve as a sheltered access point for customers in vehicles that have already made purchases. The addition has minimal
impacts to building and site massing.
2. Side Yard Setback
The attached gate canopy is located within the required 20 foot side yard setback. In the Commercial Regional Service zoning district, side yard setbacks are 20 feet for either principal structures or accessory structures. The proposed wavier would allow a side yard setback of 11 feet, 8 inches. Menards has negotiated a 33 foot “no build” easement area with the neighboring property owner to the northeast to avoid future conflicts between
structures near the gate canopy and relocated public sewer line. With the no build
Staff Report – Menards PUD Amendment for Gate Expansion
July 10, 2023 Page 5
5
easement in place, there will be ample space between the gate structure and any structures on the neighboring property. 3. Sign Area City Code allows commercial properties sign area up to 15 percent of the building façade area, up to 300 square feet. The front of the building currently has roughly 298 square feet of signage. The proposed signage for wayfinding on the gate structure is 50 square
feet. This sign area is divided between three (3) signs to clearly identify online order pick up, deliveries, and warehouse area rules and warnings. The largest of these signs is proposed to be 22.5 feet, which is scaled appropriately for the size of the gate structure. The gate canopy is set back away from the main parking area and Plaza Drive on a large 15 acre site, warranting additional signage for wayfinding purposes. The proposed waiver
would allow for 348 square feet of wall signage on the front façade of the Menards building. 4. Exterior Building Materials The applicant is requesting a waiver for building materials requirements on the rear façade.
The rear façade’s current ratio of Class I and Class II materials is 75%/25%. The total amount of EFIS added on the rear façade is 553 square feet, altering the ratio of Class I and Class II materials to 70.5% Class I/29.5% Class II. This addition is small compared to the size of the total Menards building, which is largely brick. The EFIS color will complement the existing building. The rear façade is only visible to employees and customers in the
warehouse/online order pick-up area. The other three (3) façades exceed code requirements for Class I/Class II building materials. STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Planned Unit Development Concept Review on 15.72 acres
• Planned Unit Development District Review with waivers on 15.72 acres
• Site Plan Review on 15.72 acres
This is based on plans dated January 20, 2023, April 12, 2023, and June 16, 2023, the staff report dated July 10, 2023, and the following conditions: Prior to issuance of a land alteration permit, the following items will need to be addressed: 1. Submit detailed storm water runoff, wetland, utility, street, and erosion control plans for review and approval by the City Engineer. 2. Obtain and provide documentation of Watershed District approval. 3. Notify the City and Watershed District 48 hours in advance of grading.
4. Install erosion control at the grading limits of the property for review and approval by the City.
Staff Report – Menards PUD Amendment for Gate Expansion
July 10, 2023 Page 6
6
5. Submit a land alteration letter of credit, or escrow surety equivalent to 125% of the cost the Land Alteration Activities.
6. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping/tree relocation. The following waivers recommended for approval through the PUD process for the project as indicated in the plans dated January 20, 2023, April 12, 2023, and June 16, 2023.
1. Base Area Ratio (BAR)/Floor Area Ratio (FAR) City Code has a maximum BAR of 0.2 and a maximum FAR of .4 for multistory commercial buildings. Menards has already received PUD waivers for BAR and FAR. The addition of an approximately 1,900 square foot gate canopy structure will increase
the BAR to 0.27and FAR to 0.437. 2. Side Yard Setback In the Commercial Regional Services zoning district, side yard setbacks are 20 feet for either principal or accessory structures. The attached canopy is located within the 20 foot
side yard setback. This wavier allows a side yard setback of 11 feet, 8 inches. 3. Sign Area City Code allows commercial properties sign area up to 15 percent of the building façade area up to 300 square feet. The front of the building currently has roughly 298 square feet
of signage. The proposed waiver would allow for 348 square feet of wall signage on the front façade of the Menards building. 4. Exterior Building Materials City Code requires an exterior building materials ratio of 75 percent Class I and 25 percent
Class II materials. The applicant is requesting a waiver for building materials requirements on the rear façade. The rear façade’s current ratio of Class I and Class II materials is 75%/25%. This waiver allows a ratio of 70.5 percent Class I and 29.5 Class II materials on the rear façade.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JULY 10, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Mette, Taylor and Sivilay were absent.
III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Kirk to approve the agenda. MOTION
CARRIED 6-0.
IV. MINUTES
MOTION: Grote moved, seconded by Kirk to approve the minutes of June 12, 2023.
MOTION CARRIED 6-0.
V. PUBLIC HEARINGS
A. MENARDS PUD AMENDMENT FOR GATE EXPANSION
Request for:
• Planned Unit Development Concept Review on 15.72 acres
• Planned Unit Development District Review with waivers on 15.72 acres
• Site Plan Review on 15.72 acres
Nick Brenner, Menards real estate representative, presented a PowerPoint and detailed the application. The proposal would expand the gatehouse, add a third lane and cover it for a total of three lanes. The third lane was necessary due to
PLANNING COMMISSION MINUTES July 10, 2023
Page 2
having the automatic gate. A scanned receipt will allow access. There were four waivers being requested: Base Area Ratio/Floor Area Ratio would be adjusted to
accommodate the larger gatehouse; a side yard setback at 11 feet, eight inches; signage increased by 50 square feet to allow directional sign area w; and exterior building materials. The applicant actually exceeds the requirements on the front, west and east elevations, and was asking for a waiver for the north side, much of which is inside the lumberyard which had no façade wall.
Farr asked for and received clarification Menard’s owned the easternmost driveway. He asked if customers entered from the northeast driveway or from the front, and Brenner replied Menard’s would recommend customers enter via the front rather than make the tight turn at the northeast corner.
Barnhart presented the staff report. This was a request for a 1,800-1,900 square foot addition. The back end would be open under the canopy and security staff could inspect purchases there. The waivers were not significant departures from Code requirements and were modest deviations based on the scale of the
improvement. The requested waver from the building materials requirements was supported because the other sides exceed the minimum standard, and the requested waiver is not readily visible from offsite. Staff recommended approval. MOTION: Grote moved, seconded by Sherwood to close the public hearing. Motion carried 6-0. Farr recalled the Chick-Fil-A application asking for a similar canopy, which was denied. He offered the finding that while this application was similar to that one, this side setback attached to the building, as opposed to the front setback waiver
for a detached structure requested by Chick-Fil-A, made this development more balanced in his view. Kirk stated this was a valid comment. He found this proposal to be a nice improvement by a good community member, and offered his support for the
project. MOTION: Farr moved, seconded by Grote to recommend approval of a Planned Unit Development Concept Review on 15.72 acres, Planned Unit Development District Review with waivers on 15.72 acres, Site Plan Review on 15.72 acres as
represented in the July 10, 2023 staff report, as represented in the plans dated in the staff report. Motion carried 7-0. B. COMPREHENSIVE PLAN AMENDMENT – LAND USE
Request for:
• Amend the Comprehensive Plan relating to the guided land use of 18 parcels
PLANNING COMMISSION MINUTES July 10, 2023
Page 3
Barnhart presented the staff report. After a periodic review of the Comprehensive
Plan, staff noted that 18 parcels had been guided incorrectly due to mapping errors. This amendment would ensure the goals in the Comprehensive Plan were consistent with City goals. Ten of the parcels were guided for parks/open space which would change to low density residential. This would incorporate some privately owned property and would prevent conflicts when property owners
refinance or explore a land use application. This was, again, a map correction rather than a policy change. One of the parcels was guided low density residential and would be changed to parks/open space, recently acquired by the city and intended to preserve as open
space. Four parcels were zoned Industrial Flex Tech and would be changed to Office. Two parcels were guided for mixed use and would be changed to Flex Service. One was owned by MnDOT, and the other was a Lunds bakery. One parcel was guided for medium density residential and would be changed to low density residential. This change received a written comment included in the
commissioners’ packets. Staff recommended approval. Kirk asked for and received confirmation the properties to be changed to low density from parks/open space had a current low density use. Barnhart explained these were developed and approved as single family homes, although one or two
parcels might be currently vacant. Farr asked for and received confirmation the low density residential contained flood plains, ponds, and steeps slopes that would be preserved. Barnhart explained there were existing homes on these parcels, and it was not the City’s practice to break up these parcels with multiple land use designations but to use zoning and the development process to protect sensitive
natural environments. MOTION: Kirk moved, seconded by Grote to close the public hearing. Motion carried 6-0.
Farr commended the discovery and the correction. Kirk agreed, saying no park space was being lost. MOTION: Kirk moved, seconded by Grote to recommend approval of the Comprehensive Plan amendment relating to the guided land use of 18 parcels as
represented in the July 10, 2023 staff report. Motion carried 6-0. PLANNERS’ REPORT
MEMBERS’ REPORTS
VI. ADJOURNMENT
PLANNING COMMISSION MINUTES July 10, 2023
Page 4
MOTION: Weber moved, seconded by Grote to adjourn. Motion carried 6-0. The meeting was adjourned at 7:27 p.m.
Menards Gate Expansion
Eden Prairie City Council
August 15, 2023
Requested Action Move to:
• Close the Public Hearing; and
• Adopt a Resolution for Guide Plan Change amending the land use designation for 18
parcels outlined in the staff report. Synopsis A routine, periodic review of the land use plan in ASPIRE 2040 noted parcels where the land use map incorrectly reflected a land use designation. The action corrects the land use map for 18 parcels that
were inadvertently characterized in error, in the 2040 Comprehensive Plan. Over half of the corrections
involve privately owned and used land currently guided for parks and open space, being changed to low density residential. The balance are similar housekeeping changes involving Office and Flex Service. The parcels to be revised are listed in the table below along with the current and proposed land use
guiding:
Address or PID Current Guided land use Proposed Guided Land Use Area (Acres)
1 6585 Eden Prairie Rd Parks Open Space Low Density Residential 4.89
2 6665 Promontory Drive Parks Open Space Low Density Residential 8.65
3 18-116-22-13-0080 Low Density Residential Parks/ Open space 1.14
4 7820 Terry Pine Ct, 7810 Terry Pine Ct, 7825
Terry Pine Ct, 7815 Terry Pine Ct Industrial Flex Tech Office 3.93
5 West of Martin Drive, South of Venture Lane Mixed Use Flex Service 6.53
6 7752 Mitchell Rd Mixed Use Flex Service 8.23
7 15206 Scenic Heights Road Parks Open Space Low Density Residential 6.7
8 8638 Grier Lane Medium Density Res Low Density Residential 0.43
9 9601 Crestwood, 18515 Pioneer Trail, 18525
Pioneer Trail, and unassigned Parks Open Space Low Density Residential 11.58
10 11995 Sunnybrook Parks Open Space Low Density Residential 1
11 11801 GERMAINE TER Parks Open Space Low Density Residential 4.85
12 25-116-22-14-0059 Parks Open Space Low Density Residential 0.9
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE
August 15, 2023
DEPARTMENT / DIVISION
Community Development/ Planning
Julie Klima/ Jeremy Barnhart
ITEM DESCRIPTION
Comprehensive Plan Amendment No. 11 -
Land Use Corrections
ITEM NO.
IX.B.
Land Use Tables. This change of land use designation will also impact some of the tables in the Land
Use chapter. Changes to the Guided Land Use and Net Residential Density tables are shown in red,
below. Guided Land Use
Net Residential Density
Change 2016-2040
Acres % of LU Acres % of LU Acres % of LU Acres % of LU Acres % of LU
Residential
Rural 302 2% 203 1% 189 1% 71 0% (231) -1%
Low Density 5,474 31% 5,524 31%5,733 32%5,785 33% 311 2%
Medium Density 1,123 6% 1,138 6%1,223 7%1,245 7%122 1%
Medium High Density - 0% 72 0% 177 1% 409 2% 409 2%
High Density 378 2%- 0%2 0%5 0% (373) -2%
Mixed Use: 65-70% Residential 15 0% 38 0%87 0%142 1%127 1%
TOD: 65-70% Residnetial - 0% 44 0% 101 1% 108 1% 108 1%
Commercial 0%0%
Commercial 573 3% 441 2% 312 2% 124 1% (449) -3%
Regional Commercial - 0% 44 0% 156 1% 232 1% 232 1%
Town Center: 65-75% Residential - 0% 11 0% 45 0% 78 0% 78 0%
Industrial 0%0%
Industrial 23 0% 23 0% 42 0% 39 0% 16 0%
Industrial Flex Tech - 0% 783 4%919 5%1,029 6%1,029 6%
Office/ Light Industrial 0%0%
Light Industrial/ Business Park 973 5% 798 4% 256 1%- 0% (973) -5%
Office 692 4% 653 4%631 4%593 3%(99) -1%
Flex Service - 0%7 0%52 0%92 1% 92 1%
Other Land Uses 0%0%
Airport 698 4% 707 4% 753 4% 816 5% 118 1%
Eco-Innovation (Landfill)236 1% 236 1% 236 1% 236 1%- 0%
Parks and Open Space 5,724 33% 5,724 32%5,536 31%5,351 30%(373) -2%
Golf Course 471 3% 471 3% 471 3% 471 3%- 0%
Public/ Semi-Public 683 4% 683 4% 683 4% 782 4% 99 1%
Utility & Railroad 157 1% 157 1% 153 1% 148 1% (9) 0%
Vacant 233 1%- 0%- 0%- 0% (233) -1%
Total 1,757 100% 17,757 97% 17,757 100% 17,757 100%
2016 (Existing) 2031-20402021-20302016-2022
Net Residential Density 2016-2040 Guided Density
Land Use (Units)
Min (acres)Min
Residential
Low Density 0.1 451 45
Medium Density 5 160 804
Medium High Density 14 409 5,731
High Density 40 3 104
Mixed Use 40 142 5,680
TOD 25 108 1,758
Town Center 40 78 2,021
Total 1,333 16,143
Net Density Range
(units/ac)12.1
Overall, Net Residential density increased from 10.9 units per acre to 12.1 units per acre.
Public Comment
Letters were sent to each of the affected property owners inviting comment. Staff met or spoke with a number of the affected property owners, addressing their questions. Staff has received no comments against the proposal, and one letter of support, attached to the Planning Commission staff report. There was no additional public testimony at the public hearing held by the Planning Commission.
At their meeting on July 10th, the Planning Commission voted 6-0 to recommend approval of the Comprehensive Plan Amendments as proposed.
Attachments
Resolution Planning Commission Staff report Planning Commission Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____ A RESOLUTION APPROVING AMENDMENT NO. 11 TO THE
2040 COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and
WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect on October 1, 2019; and WHEREAS, the proposal amends the land use map for the 18 parcels identified
in Exhibit A.
WHEREAS, the proposal amends two tables in Chapter 3, identified in Exhibit A, reflecting the land use changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Eden Prairie, Minnesota, hereby adopts Amendment No. 11 of the Aspire Eden Prairie 2040 based on the staff report dated August 15, 2023 and subject to Metropolitan Council approval.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of
August, 2023.
___________________________
Ronald A. Case, Mayor
ATTEST: ___________________________
Nicole Tingley, City Clerk
EXHIBIT A
COMPREHENSIVE PLAN AMENDMENT
Land Use Map changes:
6585 Eden Prairie Road from Parks/ Open Space to Low Density Residential
6665 Promontory Drive from Parks/ Open Space to Low Density Residential
7820 Terry Pine Court from Industrial Flex Tech to Office
7810 Terry Pine Court from Industrial Flex Tech to Office
7825 Terry Pine Court from Industrial Flex Tech to Office
7815 Terry Pine Court from Industrial Flex Tech to Office
7752 Mitchell Road from Mixed Use to Flex Service
MnDOT Right of way south of Venture Drive and west of Martin Drive from
Mixed Use to Flex Service
15206 Scenic Heights Road from Parks/ Open Space to Low Density Residential
8638 Grier Lane from Medium Density Residential to Low Density Residential
9601 Crestwood Terrace from Parks/ Open Space to Low Density Residential
18515 Pioneer Trail from Parks/ Open Space to Low Density Residential
18525 Pioneer Trail from Parks/ Open Space to Low Density Residential
11995 Sunnybrook Road from Parks/ Open Space to Low Density Residential
11801 Germaine Terrace from Parks Open Space to Low Density Residential
Unaddressed property with the PID of 18-116-22-13-0080 from Low Density Residential to Parks/ Open Space
Unaddressed property with the PID of 25-116-22-14-0059 from Parks/ Open Space to Low Density Residential
Unaddressed property with the PID of 30-116-22-21-0059 from Parks/ Open Space to Low Density Residential
Chapter 3 Table Revisions
Guided Land Use Change (page 56)
Change 2016-2040
Acres % of LU Acres % of LU Acres % of LU Acres % of LU Acres % of LU
Residential
Rural 302 2% 203 1% 189 1% 71 0% (231) -1%
Low Density 5,474 31% 5,524 31%5,733 32%5,785 33% 311 2%
Medium Density 1,123 6% 1,138 6%1,223 7%1,245 7%122 1%
Medium High Density - 0% 72 0% 177 1% 409 2% 409 2%
High Density 378 2%- 0%2 0%5 0% (373) -2%
Mixed Use: 65-70% Residential 15 0% 38 0%87 0%142 1%127 1%
TOD: 65-70% Residnetial - 0% 44 0% 101 1% 108 1% 108 1%
Commercial 0%0%
Commercial 573 3% 441 2% 312 2% 124 1% (449) -3%
Regional Commercial - 0% 44 0% 156 1% 232 1% 232 1%
Town Center: 65-75% Residential - 0% 11 0% 45 0% 78 0% 78 0%
Industrial 0%0%
Industrial 23 0% 23 0% 42 0% 39 0% 16 0%
Industrial Flex Tech - 0% 783 4%919 5%1,029 6%1,029 6%
Office/ Light Industrial 0%0%
Light Industrial/ Business Park 973 5% 798 4% 256 1%- 0% (973) -5%
Office 692 4% 653 4%631 4%593 3%(99) -1%
Flex Service - 0%7 0%52 0%92 1% 92 1%
Other Land Uses 0%0%
Airport 698 4% 707 4% 753 4% 816 5% 118 1%
Eco-Innovation (Landfill)236 1% 236 1% 236 1% 236 1%- 0%
Parks and Open Space 5,724 33% 5,724 32%5,536 31%5,351 30%(373) -2%
Golf Course 471 3% 471 3% 471 3% 471 3%- 0%
Public/ Semi-Public 683 4% 683 4% 683 4% 782 4% 99 1%
Utility & Railroad 157 1% 157 1% 153 1% 148 1% (9) 0%
Vacant 233 1%- 0%- 0%- 0% (233) -1%
Total 1,757 100% 17,757 97% 17,757 100% 17,757 100%
2016 (Existing) 2031-20402021-20302016-2022
Net Residential Density 2016-2040 (page 58)
Net Residential Density 2016-2040 Guided Density
Land Use (Units)
Min (acres)Min
Residential
Low Density 0.1 451 45
Medium Density 5 160 804
Medium High Density 14 409 5,731
High Density 40 3 104
Mixed Use 40 142 5,680
TOD 25 108 1,758
Town Center 40 78 2,021
Total 1,333 16,143
Net Density Range
(units/ac)12.1
TO: Planning Commission
FROM: Jeremy Barnhart, City Planner
DATE: July 10, 2023 SUBJECT: Comprehensive Plan Amendment – Land Use
BACKGROUND The Comprehensive Plan was last adopted in 2019 and is generally updated every 10 years.
Between updates, City staff periodically reviews the Plan to ensure that it remains accurate and
relevant to the City’s overall goals and objectives. COMPREHENSIVE PLAN AMENDMENT In a recent review, staff identified 18 parcels that were either incorrectly guided based on
mapping errors, or no longer reflect the city’s vision for the property.
These changes are summarized in the following table:
Address or PID Current Guided land use Proposed Guided Land Use Area (Acres)
1 6585 Eden Prairie Rd Parks Open Space Low Density Residential 4.89
2 6665 Promontory Drive Parks Open Space Low Density Residential 8.65
3 18-116-22-13-0080 Low Density Residential Parks/ Open space 1.14
4 7820 Terry Pine Ct, 7810 Terry Pine Ct, 7825
Terry Pine Ct, 7815 Terry Pine Ct Industrial Flex Tech Office 3.93
5 West of Martin Drive, South of Venture Lane Mixed Use Flex Service 6.53
6 7752 Mitchell Rd Mixed Use Flex Service 8.23
7 15206 Scenic Heights Road Parks Open Space Low Density Residential 6.7
8 8638 Grier Lane Medium Density Res Low Density Residential 0.43
9 9601 Crestwood, 18515 Pioneer Trail, 18525
Pioneer Trail, and unassigned Parks Open Space Low Density Residential 11.58
10 11995 Sunnybrook Parks Open Space Low Density Residential 1
11 11801 GERMAINE TER Parks Open Space Low Density Residential 4.85
12 25-116-22-14-0059 Parks Open Space Low Density Residential 0.9 Over half of the corrections reflect a change from Parks/ Open Space to Low Density Residential; these parcels are currently used as single family homes by private landowners.
Other adjustments include:
Re-guiding a parcel from medium density residential to low density residential, currently
Staff Report – Comprehensive Plan – Land Use
July 10, 2023 Page 2
2
used as a single family home (#8).
Re-guiding the land use on four parcels on Terry Pine Court that are currently used as office to Office, from Industrial Flex Tech (#4).
Re-guide two parcels in the Martin Drive area, from Mixed Use to Flex Service. Flex service aligns with the other land uses in the area. One parcel is vacant, and the other is a
bakery (#5 and 6). The locations of these proposed changes are identified on the map below:
Staff Report – Comprehensive Plan – Land Use
July 10, 2023 Page 3
3
PUBLIC COMMENT
Requests for comment have been sent to the adjacent jurisdictions of Bloomington, Chanhassen,
Edina, Minnetonka, Shakopee, Hennepin County, Three Rivers Park district, MnDOT, SW Metro Transit, the following Watershed districts Lower Minnesota, Nine Mile Creek, and Riley Purgatory Bluff Creek, and all property owners.
To date, one comment in support of the correction has been received, and is attached. STAFF RECOMMENDATION Staff recommends approval of the changes as proposed. ATTACHMENTS Public Comment
1
Jeremy Barnhart
From:
Sent:Saturday, July 1, 2023 4:19 PM
To:Jeremy Barnhart
Subject:Commission Public Hearing on July 10 -- Comprehensive Plan Amendment 8638 Grier
Lane
The change that is being proposed is a clarification of what our understanding (as the current owners) and the
neighborhood has always been, which is that this plot was intended to be zoned as Low Density Residential.
As I understand it, before we purchased the property at 8638 Grier Lane in 2003 from the Stones who built the
house more than a decade earlier, this had once been undeveloped land. A proposal for building
condominiums in the area was made, which was opposed by the neighborhood if it would occupy the entire
area up to and including the corner of Franlo and Grier. The compromise reached was that the condominiums
would be further to the west on Franlo (where they are now located), and the Stones (who had already lived
elsewhere in the neighborhood) would build a single family dwelling on the property that we now occupy (as
also did happen).
In sum, the proposed amendment fits with what has been the understanding. And indeed I can say that the
neighborhood would be very upset if someone tried to use our property for higher density, so the proposed
correction is exactly what the neighborhood thought was the expectation for our property. In other words, it
is indeed a correction rather than a change.
Please accept this message as our written comment for the July 10 meeting.
Gregory & Melinda Sisk
8638 Grier Lane
Eden Prairie, MN 55344
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.University of St. Thomas :
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JULY 10, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Mette, Taylor and Sivilay were absent.
III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Kirk to approve the agenda. MOTION
CARRIED 6-0.
IV. MINUTES
MOTION: Grote moved, seconded by Kirk to approve the minutes of June 12, 2023.
MOTION CARRIED 6-0.
V. PUBLIC HEARINGS
A. MENARDS PUD AMENDMENT FOR GATE EXPANSION
Request for:
• Planned Unit Development Concept Review on 15.72 acres
• Planned Unit Development District Review with waivers on 15.72 acres
• Site Plan Review on 15.72 acres
Nick Brenner, Menards real estate representative, presented a PowerPoint and detailed the application. The proposal would expand the gatehouse, add a third lane and cover it for a total of three lanes. The third lane was necessary due to
PLANNING COMMISSION MINUTES July 10, 2023
Page 2
having the automatic gate. A scanned receipt will allow access. There were four waivers being requested: Base Area Ratio/Floor Area Ratio would be adjusted to
accommodate the larger gatehouse; a side yard setback at 11 feet, eight inches; signage increased by 50 square feet to allow directional sign area w; and exterior building materials. The applicant actually exceeds the requirements on the front, west and east elevations, and was asking for a waiver for the north side, much of which is inside the lumberyard which had no façade wall.
Farr asked for and received clarification Menard’s owned the easternmost driveway. He asked if customers entered from the northeast driveway or from the front, and Brenner replied Menard’s would recommend customers enter via the front rather than make the tight turn at the northeast corner.
Barnhart presented the staff report. This was a request for a 1,800-1,900 square foot addition. The back end would be open under the canopy and security staff could inspect purchases there. The waivers were not significant departures from Code requirements and were modest deviations based on the scale of the
improvement. The requested waver from the building materials requirements was supported because the other sides exceed the minimum standard, and the requested waiver is not readily visible from offsite. Staff recommended approval. MOTION: Grote moved, seconded by Sherwood to close the public hearing. Motion carried 6-0. Farr recalled the Chick-Fil-A application asking for a similar canopy, which was denied. He offered the finding that while this application was similar to that one, this side setback attached to the building, as opposed to the front setback waiver
for a detached structure requested by Chick-Fil-A, made this development more balanced in his view. Kirk stated this was a valid comment. He found this proposal to be a nice improvement by a good community member, and offered his support for the
project. MOTION: Farr moved, seconded by Grote to recommend approval of a Planned Unit Development Concept Review on 15.72 acres, Planned Unit Development District Review with waivers on 15.72 acres, Site Plan Review on 15.72 acres as
represented in the July 10, 2023 staff report, as represented in the plans dated in the staff report. Motion carried 7-0. B. COMPREHENSIVE PLAN AMENDMENT – LAND USE
Request for:
• Amend the Comprehensive Plan relating to the guided land use of 18 parcels
PLANNING COMMISSION MINUTES July 10, 2023
Page 3
Barnhart presented the staff report. After a periodic review of the Comprehensive
Plan, staff noted that 18 parcels had been guided incorrectly due to mapping errors. This amendment would ensure the goals in the Comprehensive Plan were consistent with City goals. Ten of the parcels were guided for parks/open space which would change to low density residential. This would incorporate some privately owned property and would prevent conflicts when property owners
refinance or explore a land use application. This was, again, a map correction rather than a policy change. One of the parcels was guided low density residential and would be changed to parks/open space, recently acquired by the city and intended to preserve as open
space. Four parcels were zoned Industrial Flex Tech and would be changed to Office. Two parcels were guided for mixed use and would be changed to Flex Service. One was owned by MnDOT, and the other was a Lunds bakery. One parcel was guided for medium density residential and would be changed to low density residential. This change received a written comment included in the
commissioners’ packets. Staff recommended approval. Kirk asked for and received confirmation the properties to be changed to low density from parks/open space had a current low density use. Barnhart explained these were developed and approved as single family homes, although one or two
parcels might be currently vacant. Farr asked for and received confirmation the low density residential contained flood plains, ponds, and steeps slopes that would be preserved. Barnhart explained there were existing homes on these parcels, and it was not the City’s practice to break up these parcels with multiple land use designations but to use zoning and the development process to protect sensitive
natural environments. MOTION: Kirk moved, seconded by Grote to close the public hearing. Motion carried 6-0.
Farr commended the discovery and the correction. Kirk agreed, saying no park space was being lost. MOTION: Kirk moved, seconded by Grote to recommend approval of the Comprehensive Plan amendment relating to the guided land use of 18 parcels as
represented in the July 10, 2023 staff report. Motion carried 6-0. PLANNERS’ REPORT
MEMBERS’ REPORTS
VI. ADJOURNMENT
PLANNING COMMISSION MINUTES July 10, 2023
Page 4
MOTION: Weber moved, seconded by Grote to adjourn. Motion carried 6-0. The meeting was adjourned at 7:27 p.m.
Comprehensive Plan Amendment No. 11
Land Use Map Amendments
Prepared for City Council August 15, 2023
Routine audit of the 2040 Comprehensive Plan;
Changes fall into housekeeping categories:
•Parks/Low Density Residential revisions;
•Color coding errors; and
•Mixed Use/Flex Service revisions.
1 2
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Property Locations
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Parks/ Open Space to Low Density Residential
1 2
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Low Density Residential to Parks/ Open Space
1 2
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8
10
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Industrial Flex Tech to Office
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Medium Density Residential to Low Density Residential
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Mixed Use to Flex Service
Questions?
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CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
August 15, 2023
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: Vacation 23-03
Vacation of Drainage and Utility Easements
ITEM NO.:
IX.C.
Requested Action Move to: Close the public hearing; and
Adopt the Resolution vacating Drainage and Utility Easements. Synopsis The Property Owners have requested a lot line adjustment of Lots 3 and 4, Block 5, Red Rock
Hills 3rd Addition. In order to approve the lot line adjustment, the platted drainage and utility easements adjoining the existing lot line between the two properties need to be vacated. New drainage and utility easements will need to be granted along the adjusted lot line. Background Information The drainage and utility easements were originally dedicated on the plat of Red Rock Hills 3rd Addition. New drainage and utility easements along the adjusted lot line will be granted as a condition of the lot line adjustment. The recording of the resolution vacating the existing
drainage and utility easements will be conditioned on the recording the drainage and utility
easements along the new lot line. Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-____
VACATION OF PART OF THE DRAINAGE AND UTILTY EASEMENTS LYING OVER, UNDER, AND ACROSS LOTS 3 & 4, BLOCK 5, RED ROCK HILLS 3RD ADDITION VACATION 23-03 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows:
The 12 foot wide drainage and utility easement centered on the lot line between Lots 3 and 4,
Block 5, RED ROCK HILLS 3RD ADDITION, according to the recorded plat thereof, HENNEPIN COUNTY, Minnesota; EXCEPT the west 6 feet of said Lots 3 and 4. WHEREAS, a Public Hearing was held on August 15, 2023, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and
have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until a new drainage and utility
easement document has been conveyed to the City and recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the easement document has been recorded.
ADOPTED by the Eden Prairie City Council on August 15, 2023. ________________________
Ronald A. Case, Mayor ATTEST: _______________________
Nicole Tingley, City Clerk
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Central MiddleSchoolCedar RidgeElementarySchoolG:\Engineering\Drawings\Public Works\Easements\Vacations\2023\VAC 23-03.dwg
DATE: 06/28/2023VACATION LOCATION MAPVAC 23-03SITE
15506 & 15516 Village Woods Drive, Eden Prairie, MN
CERTIFICATE OF SURVEY
1
1
OF
SHEET
_
SHEET
AJM
JPG
06-15-202345507Aaron J. Mages HENNEPIN COUNTY, MINNESOTA
CERTIFICATE OF SURVEYI HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDERMY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWSOF THE STATE OF MINNESOTA.
NAME LIC. NO.DATE
CHECKED
DRAWN
DESIGNED
DESCRIPTIONCHKBYDATEREV. NO.
LOTS 3 & 4, BLOCK 5, RED ROCK HILLS 3RD ADDITION
FEETSCALE
0 20 40
LEGEND
MONUMENT FOUND
12" IRON PIPE MONUMENT SET W/PLASTIC CAP - R.L.S. #45507
UTILITY PEDESTAL
LIGHT POLE
DECIDUOUS TREE
EVERGREEN TREE
COMPOSITE SPLIT RAIL FENCE
EXISTING DRAINAGE & UTILITYEASEMENT DEDICATED PER REDROCK HILLS 3RD ADDITION TO BEVACATED
PROPOSED DRAINAGE & UTILITY
EASEMENT
ADD DRAINAGE & UTILITY EASEMENTAJM06/19/20231
ADD DRAINAGE & UTILITY EASEMENTMPH06/26/20232 AJM
VACATION 23-03
NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON LOTS 3 AND 4, BLOCK 5, RED ROCK HILLS 3RD ADDITION, HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on August 15, 2023 at 7:00 p.m. to hear all persons
present upon the proposed vacation of public drainage and utility easements described as follows: Proposed legal description of drainage and utility easement to be vacated: The 12 foot wide drainage and utility easement centered on the lot line between Lots 3 and 4, Block 5, RED ROCK HILLS 3RD ADDITION, according to the recorded plat thereof, HENNEPIN COUNTY, Minnesota; EXCEPT the west 6 feet of said Lots 3 and 4. By Order of the City Council Published in the Sun Sailor on July 27, 2023
NOTIFICATION LIST
VACATION REQUEST 23-03
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
1611622310050 1611622330010 1611622340008 1611622340026 1611622340031 1611622340032 1611622340033
A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable
Xcel Energy
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
August 15, 2023
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 301628 - 302584
Wire Transfers 1033858 - 1034126 Wire Transfers 9664 – 9776
Purchasing Card 9742
City of Eden PrairieCouncil Check Register by GL
8/15/2023
Check #Amount Supplier / Explanation Account Description Business Unit Comments1033998414,997 GMH ASPHALT CORPORATION Improvement Contracts Improvement Projects 2006 Pioneer Trail Reconstruction
302061 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Aug 2023
302242 359,913 NATIONAL AUTO FLEET GROUP Autos Fleet - Public Works New fleets purchase
301944 337,771 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 1st Half of TIF Pymt
9748 328,465 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.28.23
9667 326,534 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 06.03.23
9739 319,692 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.14.23
302075 317,242 PARKOS CONSTRUCTION COMPANY Building Repair & Maint.Capital Maint. & Reinvestment Round Lake Park Building Project
9764 316,405 HEALTHPARTNERS Accounts Receivable Health and Benefits August 2023 Premiums
301902 309,494 MIDWEST DIESEL SERVICE Machinery & Equipment Fleet - Park & Rec New Refuge Truck Chassis
9686 307,952 HEALTHPARTNERS Health Insurance-HRA Health and Benefits July 2023 Premiums
9728 302,374 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 03.10.23
1033945 300,595 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 1st Half of TIF Pymt
9745 283,158 U S BANK Principal and Interest Various Funds Debt Payments 08.01.23
1034005 274,717 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment Nesbit Preserve Park Tr/Pavement improvements
301859 264,966 CORRECTIVE ASPHALT MATERIALS LLC Seal Coating Street Maintenance 2023 Surface Seal
9746 218,903 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.14.23
9737 217,842 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 06.30.23
9665 217,303 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 06.16.23
9725 214,237 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.24.23
301849 188,820 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 1st Half of TIF Pymt
1034011 186,113 XCEL ENERGY Electric Various Funds Multi location electric
9701 180,417 WEX HSA - Employer Health and Benefits HSA ER PPE 06.30.23
301884 171,209 KRAEMER NORTH AMERICA LLC Improvement Contracts Duck Lake Rd. Reconstruction Duck Lake Rd. Reconstruction
302211 131,130 FIELD TURF USA INC Other Contracted Services Facilities Capital Gym Floor replacement
301953 129,299 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 1st Half of TIF Pymt
302243 118,250 NORTH COUNTRY CHEVROLET Autos Fleet - Fire New fleets purchase
301955 115,596 WINDSOR PLAZA LLC TIF Payment TIF-Town Center-Windsor Plaza 1st Half of TIF Pymt
302071 114,150 NORTHDALE CONSTRUCTION CO INC Improvement Contracts Water Enterprise Fund Watermain Kirstie Twilight
9697 113,838 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund June 2023 Sales Tax
9742 88,620 USB-PURCHASING CARD Operating Supplies Various Funds
301864 87,204 DODGE OF BURNSVILLE Autos Fleet Operating
302543 81,026 NEW LOOK CONTRACTING INC Improvement Contracts 2020 Improvement Projects
1034069 75,615 XCEL ENERGY Electric Street Lighting
302191 73,987 AMERICAN LIBERTY CONSTRUCTION, INC Improvement Contracts Water Enterprise Fund
302084 63,732 RAM GENERAL CONTRACTING Other Contracted Services Park Acquisition & Development
1034059 62,735 MOTOROLA Equipment Repair & Maint IT Operating
301741 56,838 TRAUT COMPANIES Improvement Contracts Water Enterprise Fund
1033880 56,519 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Utility Operations - General
302046 53,993 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
302504 52,000 DEPARTMENT OF CORRECTIONS Other Contracted Services Utility Operations - General
302533 48,781 MIDWAY FORD Autos Fleet - Public Works
302483 48,500 AMERIPUMPS Machinery & Equipment Fleet - Water
302486 47,947 AURORA ASPHALT & CONCRETE Other Contracted Services Capital Maint. & Reinvestment
302237 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
302259 43,500 SEBCO INC Other Contracted Services Facilities Capital
1034102 42,496 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital
1034064 41,404 SRF CONSULTING GROUP INC Design & Engineering Various Funds
302066 40,631 MOHAWK LIFTS LLC Machinery & Equipment Capital Maint. & Reinvestment
Check #Amount Supplier / Explanation Account Description Business Unit Comments30187639,825 GRAYMONT Treatment Chemicals Water Treatment
302584 39,184 SUBURBAN CHEVROLET Autos Fleet - Park & Rec
1034088 39,004 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Stormwater Non-Capital
301793 38,463 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
9741 34,536 EMPOWER Deferred Compensation Health and Benefits
1034051 34,058 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution
302215 33,272 GRAYMONT Treatment Chemicals Water Treatment
301707 33,197 GRAYMONT Treatment Chemicals Water Treatment
302039 32,991 GRAYMONT Treatment Chemicals Water Treatment
9750 32,907 EMPOWER Deferred Compensation Health and Benefits
9669 32,545 EMPOWER Deferred Compensation Health and Benefits
9730 31,916 EMPOWER Deferred Compensation Health and Benefits
301742 31,613 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
302251 30,169 PRECISION UTILITIES Equipment Repair & Maint Stormwater Collection
301647 29,287 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
302020 28,335 AUDIO LOGIC SYSTEMS Other Contracted Services Fitness Classes
1034092 27,255 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Capital
9684 26,315 BPAS HRA Health and Benefits
302262 26,019 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit
302515 25,688 GRAYMONT Treatment Chemicals Water Treatment
1034098 25,483 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
1033944 25,043 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
302549 25,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration
9773 24,098 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store
302197 23,923 BRIDGEWATER BANK TIF Payment TIF-Trail Point Ridge
302231 23,650 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
302532 23,052 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund
302152 22,719 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
9681 22,500 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store
1033889 22,123 HAWKINS INC Treatment Chemicals Water Treatment
9729 21,624 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
301801 20,434 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
9668 20,380 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
9740 20,202 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
302268 19,994 STATE OF MINNESOTA Autos Fleet - Park & Rec
1033959 19,900 WALL TRENDS INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr
301784 19,815 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
301731 19,581 RAINBOW TREECARE Other Contracted Services Tree Disease
9749 19,241 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
301831 18,640 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM
302313 18,599 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
301882 18,590 JACOBSON TONY Equipment Repair & Maint Water Distribution
301668 18,055 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
302090 17,805 SIR LINES-A-LOT Contracted Striping Traffic Signs
301985 17,749 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
301894 17,694 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
9719 17,690 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie View Liquor Store
301818 17,611 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1034046 17,593 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM
302176 17,186 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
301766 17,150 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
301952 16,403 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital
302040 16,342 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments30163016,211 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
302080 16,187 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
301898 16,104 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund
302245 16,085 PALADIN TECHNOLOGIES Capital Under $25,000 Capital Maint. & Reinvestment
301654 15,795 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
9700 15,794 WEX HSA - Employee Health and Benefits
9754 15,794 WEX HSA - Employee Health and Benefits
9672 15,677 WEX HSA - Employee Health and Benefits
9694 15,491 CHASE Bank and Service Charges Various Funds
301846 15,487 BOLTON & MENK INC Design & Engineering Water Capital
301909 15,182 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Street Maintenance
302217 15,000 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Opioid Settlement
302247 15,000 PELLA NORTHLAND Accounts Receivable TIF-Eden Shores Senior Housing
302548 15,000 PURPOSE DRIVEN RESTORATION LLC Other Contracted Services Rehab
302047 14,371 HYDROCORP Improvement Contracts Water Enterprise Fund
1033961 14,194 XCEL ENERGY Electric Various Funds
1033995 14,051 CENTERPOINT ENERGY Gas Various Funds
302105 14,023 TJ EXTERIORS Accounts Receivable TIF-Eden Shores Senior Housing
1034000 13,920 HAWKINS INC Treatment Chemicals Water Treatment
1034103 13,920 HAWKINS INC Treatment Chemicals Water Treatment
302219 13,841 HOOTSUITE Other Contracted Services Prairie View Liquor Store
301773 13,796 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
302322 13,755 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
9698 13,289 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
9743 13,285 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
301929 13,078 SAVATREE Other Contracted Services Reforestation
9716 13,047 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
301872 13,002 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.Fire Station #1
1034052 12,584 HAWKINS INC Treatment Chemicals Water Treatment
302038 12,468 GOOSE CREW LLC Other Contracted Services Stormwater Non-Capital
302035 12,075 F I R E Training Fire
301786 11,801 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
302145 11,657 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
302051 11,598 LANO EQUIPMENT INC Equipment Parts Fleet Operating
301873 11,523 FIRE CATT LLC Equipment Testing/Cert.Fire
302283 11,508 SUPERIOR FENCE AND RAIL OF ST PAUL Other Contracted Services Capital Maint. & Reinvestment
302331 11,293 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
302129 11,280 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
9682 11,279 CARD CONNECT Bank and Service Charges Community Center Admin
1034108 11,259 METRO SALES INCORPORATED*Other Rentals Utility Operations - General
301938 10,933 ST. PAUL PORT AUTHORITY Deposits General Fund
1034043 10,794 BIFFS INC Other Contracted Services Park Maintenance
302204 10,606 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
301675 10,570 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
9770 10,405 CHASE Bank and Service Charges Various Funds
1033975 10,383 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
301877 10,322 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
9774 10,276 CARD CONNECT Bank and Service Charges Community Center Admin
302041 10,258 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
302337 10,193 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
302489 9,900 BADGER METER Telephone Water Metering
9713 9,868 U.S. BANK - I-494 PURCH. CARD Conference/Prof. Dev.494 Corridor Commission
302146 9,749 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3020949,692 SSI KEF SLB LLC Electric City Center - CAM
301757 9,667 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
301842 9,643 BADGER METER Improvement Contracts Water Capital
301827 9,639 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
302346 9,630 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
301949 9,623 VERIZON WIRELESS Cell/Pager Plans Park Maintenance
302160 9,480 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
301921 9,375 PROP Other Contracted Services Housing and Community Service
1034008 9,375 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
302098 9,329 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
301993 9,047 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
301635 8,996 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
301660 8,902 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
301809 8,749 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
301719 8,741 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
302135 8,730 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
301739 8,395 THYMES TWO INC Contract Svcs - Lawn Maint.City Center - CAM
301996 7,939 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
301649 7,884 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
301701 7,852 CORE & MAIN Repair & Maint. Supplies Water Distribution
302087 7,848 RIVERS EDGE CONCRETE Capital Under $25,000 Fire Station #4
302044 7,757 HINTERLAND CSG LLC Electric Facilities Operating ISF
301662 7,717 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
9772 7,645 BPAS HRA Health and Benefits
9763 7,592 HEALTHPARTNERS Dental Insurance Dental Insurance
1033940 7,560 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
302225 7,500 INTIME SERVICES INC Software Maintenance IT Operating
9708 7,475 BPAS Other Deductions Health and Benefits
301798 7,313 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
302274 7,227 USA INFLATABLES Other Rentals July 4th Celebration
302168 7,155 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
1033957 7,095 STREICHERS Clothing & Uniforms Police Sworn
302182 7,002 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
301857 6,996 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
301915 6,990 PICHA GREENHOUSE Landscape Materials/Supp Park Maintenance
302108 6,797 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
302296 6,709 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
301795 6,693 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
302092 6,683 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
302222 6,480 INDIGO SIGNWORKS, INC.Protective Clothing Water Capital
301648 6,462 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1034121 6,422 ZIEGLER INC Equipment Parts July 4th Celebration
302287 6,399 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
302351 6,346 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
302096 6,317 SSI KEF SLB LLC Electric Water Treatment
301716 6,207 KNOX COMPANY Equipment Repair & Maint Fire
302194 6,134 ASPEN MILLS Clothing & Uniforms Police Sworn
302490 6,127 BAKER ANDREW Other Contracted Services TIF-Eden Shores Senior Housing
302276 6,069 VANELLA GROUP OF MN, LLC, THE Other Contracted Services July 4th Celebration
1033920 6,002 BRAUN INTERTEC CORPORATION Other Contracted Services Stormwater Capital
301853 6,000 CITY OF EDEN PRAIRIE Other Contracted Services Fencing Consortium
301823 5,963 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
302511 5,960 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
Check #Amount Supplier / Explanation Account Description Business Unit Comments3024875,898 AVOLVE SOFTWARE Software IT Operating
301919 5,845 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal
301987 5,731 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1033894 5,702 MOTOROLA Capital Under $25,000 Fleet Capital
301639 5,657 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
301678 5,647 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
301867 5,618 EDINA/EDEN PRAIRIE EXPLORERS Miscellaneous Volunteers
301969 5,608 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
302050 5,572 INNOVATIVE GRAPHICS Clothing & Uniforms Safety Camp
301928 5,528 SAMBATEK INC Improvement Contracts Water Capital
1033896 5,508 POMP'S TIRE SERVICE INC Tires Fleet Operating
1034112 5,508 POMP'S TIRE SERVICE INC Tires Fleet Operating
301956 5,434 WINSUPPLY EDEN PRAIRIE MN CO Design & Engineering Economic Development Fund
302315 5,336 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
301927 5,294 RIVERS EDGE CONCRETE Asphalt Overlay Fire Station #4
1034045 5,275 CENTERPOINT ENERGY Gas Various Funds
301771 5,271 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
301834 5,250 ANGELL-AIRE Accounts Receivable TIF-Eden Shores Senior Housing
302003 5,224 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
302190 5,167 ALTERNATIVE BUSINESS FURNITURE INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
302552 5,160 SEBCO INC Other Contracted Services Facilities Capital
9685 5,147 HEALTHPARTNERS Dental Insurance Dental Insurance
302249 5,101 PFM ASSET MANAGEMENT LLC Interest Investment Fund
302078 5,080 POSTMASTER Postage Community Brochure
9753 5,072 HEALTHPARTNERS Dental Insurance Dental Insurance
302281 5,044 WINSUPPLY EDEN PRAIRIE MN CO Design & Engineering Economic Development Fund
302006 5,014 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1033883 4,997 CDW GOVERNMENT INC.Hardware - R&M Arts Center
301966 4,941 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
302304 4,925 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
301901 4,920 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
1034114 4,903 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service
302147 4,895 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
302314 4,883 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1034100 4,857 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
302001 4,762 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
302517 4,750 HAVTEK STRUCTURAL CONSULTING LTD Capital Under $25,000 Fire Station #2
1034111 4,694 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
302068 4,657 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Preschool Events
301677 4,641 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
301692 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
302492 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
301973 4,573 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1033947 4,556 HAWKINS INC Treatment Chemicals Water Treatment
302112 4,514 WM CORPORATE SERVICES INC Waste Disposal Fleet Operating
9712 4,487 HEALTHPARTNERS Dental Insurance Dental Insurance
302121 4,480 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
301878 4,468 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
301920 4,390 PROGRESS SOFTWARE CORPORATION Software IT Operating
302058 4,383 MARTIN MARIETTA MATERIALS Waste Blacktop/Concrete Street Maintenance
301917 4,375 PINNACLE ROOFING SYSTEMS Accounts Receivable TIF-Eden Shores Senior Housing
301640 4,317 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
302273 4,308 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant
Check #Amount Supplier / Explanation Account Description Business Unit Comments97024,258 INVOICE CLOUD INC Bank and Service Charges Various Funds
302056 4,258 MACQUEEN EQUIPMENT INC Equipment Parts Fire
301887 4,253 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
301736 4,230 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital
301946 4,229 VACKER INC Signs Park Maintenance
1033876 4,228 PLEHAL BLACKTOPPING INC Outside Water Sales Water Enterprise Fund
302538 4,227 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
302122 4,139 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1033879 4,121 TAPCO Signs Traffic Signs
301690 4,080 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
301810 4,046 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
302566 4,000 T MOBILE CENTRAL LLC Deposits General Fund
301811 3,993 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
301905 3,900 MN TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police Sworn
9724 3,892 HEALTHPARTNERS Dental Insurance Dental Insurance
302529 3,887 MARTIN MARIETTA MATERIALS Asphalt Overlay Street Maintenance
301866 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service
302516 3,874 HANSON SPORTS LLC Instructor Service Camps
301724 3,857 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
1033878 3,850 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance
302269 3,816 STATE OF MINNESOTA Autos Fleet - Gen Gov't
301721 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
1034003 3,790 METRO SALES INCORPORATED*Equipment Rentals IT Operating
1034117 3,779 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Repair & Maint. Supplies Preserve Park
301785 3,755 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
301986 3,723 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
302169 3,683 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
301978 3,608 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
302030 3,603 CORE & MAIN Repair & Maint. Supplies Utility Operations - General
302034 3,589 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Trail Point Ridge
302557 3,575 STATE OF MINNESOTA Autos Fleet - Public Works
302558 3,575 STATE OF MINNESOTA Autos Fleet - Public Works
302559 3,575 STATE OF MINNESOTA Autos Fleet - Public Works
302560 3,575 STATE OF MINNESOTA Autos Fleet - Public Works
302561 3,575 STATE OF MINNESOTA Autos Fleet - Public Works
302562 3,575 STATE OF MINNESOTA Autos Fleet - Public Works
302563 3,575 STATE OF MINNESOTA Autos Fleet - Public Works
302289 3,544 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
302142 3,503 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1034061 3,468 MULCAHY COMPANY INC Repair & Maint. Supplies Ice Arena Maintenance
302109 3,461 VAN PAPER COMPANY Operating Supplies Fire Station #1
302048 3,458 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
302261 3,436 SMSC ENTERPRISES Landscape Materials/Supp Eden Prairie Cemetery
302010 3,399 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
302267 3,392 STATE OF MINNESOTA Autos Fleet - Public Works
301754 3,343 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302575 3,334 VESSCO INC Repair & Maint. Supplies Water Treatment
302522 3,299 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
301896 3,253 MARTIN MARIETTA MATERIALS Asphalt Overlay Street Maintenance
302339 3,235 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
301709 3,225 HENNEPIN TECHNICAL COLLEGE Training Street Maintenance
1034049 3,224 GENUINE PARTS COMPANY Equipment Parts General Community Center
302299 3,217 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments10340683,141 WM MUELLER AND SONS INC Gravel Stormwater Collection
301745 3,130 VAN PAPER COMPANY Operating Supplies Maintenance Facility
302241 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service
301803 3,118 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
301768 3,084 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
302582 3,000 YMCA OF THE NORTH Other Contracted Services Housing and Community Service
1034116 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
301844 2,997 BAUER PETER Accounts Receivable TIF-Eden Shores Senior Housing
302338 2,971 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
302282 2,961 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital
1033939 2,944 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Capital Maint. & Reinvestment
302226 2,938 ISG Design & Engineering General Fixed Asset Account Gr
302524 2,914 INTERSTATE ALL BATTERY CENTER Contract Svcs - Security Facilities Staff
301643 2,903 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
301792 2,903 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
302278 2,900 VERSATILE VEHICLES INC Other Rentals July 4th Celebration
9673 2,871 HEALTHPARTNERS Dental Insurance Dental Insurance
301670 2,780 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
9677 2,776 WEX FSA - Medical Health and Benefits
9751 2,770 WEX FSA - Dependent Care Health and Benefits
301759 2,764 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1034066 2,750 STREICHERS Clothing & Uniforms Volunteers
302170 2,733 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
301816 2,703 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
301939 2,688 STRAND MANUFACTURING CO INC Repair & Maint. Supplies Water Treatment
301780 2,681 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
302252 2,656 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance
301820 2,655 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
301832 2,654 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Park Maintenance
302326 2,599 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
302328 2,591 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
301728 2,590 PRECISION UTILITIES Equipment Repair & Maint Stormwater Collection
301995 2,570 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
301652 2,569 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
302481 2,564 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost)
302158 2,544 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1033888 2,520 GRAINGER Repair & Maint. Supplies Park Shelters
301669 2,515 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
301926 2,500 RELATE COUNSELING CENTER Other Contracted Services Housing and Community Service
302210 2,500 EHLERS & ASSOCIATES INC Deposits Economic Development Fund
301835 2,480 ARAMARK Janitor Service Den Road Liquor Store
302309 2,421 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
302018 2,415 ASPEN MILLS Clothing & Uniforms Fire
1033936 2,393 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery
302167 2,365 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
302528 2,361 MACQUEEN EQUIPMENT INC Protective Clothing Fire
301897 2,349 MEDICINE LAKE TOURS Special Event Fees Senior Center Programs
302349 2,348 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1033988 2,305 XTREME INTEGRATION Other Contracted Services Public Safety Communications
9689 2,300 WEX FSA - Dependent Care Health and Benefits
302083 2,286 RACHEL CONTRACTING LLC Improvement Contracts Stormwater Capital
302198 2,281 BRYAN ROCK PRODUCTS INC Gravel Stormwater Collection
302488 2,267 AVR INC Asphalt Overlay Stormwater Collection
Check #Amount Supplier / Explanation Account Description Business Unit Comments3021102,195 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues & Subscriptions Fire
301744 2,183 US SPECIALTY COATINGS Repair & Maint. Supplies Utility Operations - General
1033871 2,170 AMERICAN ENGINEERING TESTING INC Improvement Contracts Water Enterprise Fund
302493 2,164 CENTURYLINK Telephone City Center - CAM
301673 2,137 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
301764 2,122 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
301693 2,119 CENTURYLINK Telephone City Center - CAM
301733 2,100 SCOTT NELSON COACHING INC Training Fire
302348 2,075 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
302255 2,065 QUETICA LLC Other Contracted Services Facilities Capital
302095 2,060 SSI KEF SLB LLC Electric Maintenance Facility
301738 2,057 THE ADVENT GROUP Temp 494 Corridor Commission
301806 2,036 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
301941 2,029 THE ADVENT GROUP Temp 494 Corridor Commission
302271 2,029 THE ADVENT GROUP Temp 494 Corridor Commission
1034106 2,017 MENARDS Operating Supplies Fleet Operating
301705 2,012 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
9715 2,012 HEALTHPARTNERS Dental Insurance Dental Insurance
301924 2,006 RAINBOW TREECARE Other Contracted Services Tree Disease
302319 2,000 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
301752 2,000 HD ENTERTAINMENT INC Other Contracted Services Staring Lake Concert
301959 2,000 HELLO BOOKING INC Other Contracted Services Staring Lake Concert
302086 2,000 RING OF KERRY Other Contracted Services Staring Lake Concert
302301 1,999 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
301865 1,998 DUNSMORE ASPHALT INC Patching Asphalt Street Maintenance
302103 1,992 THE ADVENT GROUP Temp 494 Corridor Commission
301687 1,985 AVR INC Asphalt Overlay Park Maintenance
301907 1,971 NGUYEN DUNG Other Contracted Services Rehab
9707 1,962 WEX FSA - Dependent Care Health and Benefits
302523 1,960 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
301906 1,940 NATIVE RESOURCE PRESERVATION Contract Svcs - Lawn Maint.Fire Station #2
301913 1,936 PERA Wages and Benefits 494 Corridor Commission
302248 1,936 PERA Wages and Benefits 494 Corridor Commission
301837 1,935 ARVIG Fiber Lease Payments IT Operating
302568 1,917 THE ADVENT GROUP Temp 494 Corridor Commission
1034090 1,909 SUMMIT COMPANIES Supplies - Fire/Life/Safety General Community Center
301991 1,904 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
302181 1,893 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1033884 1,888 CENTERPOINT ENERGY Gas Various Funds
301910 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service
301758 1,859 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
1033955 1,854 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Water Treatment
302577 1,853 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution
302019 1,848 AT YOUTH PROGRAMS LLC Instructor Service Camps
302572 1,838 US BANK Interest Investment Fund
1034042 1,834 BEACON ATHLETICS Operating Supplies Miller Park
301880 1,831 HOMELINE Other Contracted Services Housing and Community Service
302029 1,819 CONSTRUCTION MATERIALS INC Supplies - General Bldg Fire Station #4
302228 1,800 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing
1033930 1,795 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
301948 1,793 VANGUARD HOMES LLC Other Contracted Services Rehab
302120 1,784 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1033886 1,763 ESS BROTHERS & SONS INC Asphalt Overlay Street Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments10339271,760 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
302233 1,750 MARTIN-MCALLISTER Employment Support Test Organizational Services
302581 1,746 XIGENT SOLUTIONS LLC Contract Development IT Operating
301631 1,740 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
302500 1,730 CORE & MAIN Repair & Maint. Supplies Water Distribution
302335 1,694 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1033903 1,692 WM MUELLER AND SONS INC Gravel Water Distribution
302036 1,679 FIRE SAFETY USA INC Operating Supplies Fire
301930 1,670 SCHLOMKA SERVICES LLC Equipment Repair & Maint Fire Station #4
302514 1,655 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
302510 1,651 ELECTRIC MOTOR REPAIR INC Repair & Maint. Supplies Water Treatment
301632 1,650 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
302042 1,639 HANSON SPORTS LLC Instructor Service Camps
301628 1,639 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
301634 1,628 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
302505 1,621 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1033882 1,605 BOYER TRUCKS Equipment Parts Fleet Operating
9679 1,575 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits
9761 1,554 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits
1034075 1,535 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
301951 1,533 W L HALL CO Contract Svcs - General Bldg City Center - CAM
301727 1,530 PETERSON COUNSELING AND CONSULTING Health & Fitness Police Sworn
1034032 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
302005 1,512 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
301722 1,500 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance
301748 1,500 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating
302540 1,500 MINNESOTA WILDLIFE CONNECTION Other Contracted Services Outdoor Center
1034047 1,499 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
301958 1,493 NORTHSTAR CONCRETE Contract Svcs - Ice Rink Ice Arena Maintenance
301797 1,489 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
9760 1,484 WEX FSA - Dependent Care Health and Benefits
301800 1,480 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
302256 1,478 RIVERS EDGE CONCRETE Asphalt Overlay Stormwater Collection
301840 1,467 AVR INC Asphalt Overlay Stormwater Collection
1033990 1,467 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital
1033893 1,448 M-K GRAPHICS Operating Supplies Finance
1033987 1,443 WSB & ASSOCIATES INC Other Contracted Services Park Acquisition & Development
302206 1,436 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
302297 1,426 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
301980 1,410 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
301957 1,400 WOLD ARCHITECTS AND ENGINEERS Other Contracted Services Police Remodel
302113 1,390 YORKTOWN OFFICES Rent 494 Corridor Commission
1034030 1,385 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
302133 1,378 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
302565 1,365 SYSCO WESTERN MINNESOTA Merchandise for Resale Outreach
302230 1,365 LUBE TECH LIQUID RECYCLING Waste Disposal Fleet Operating
302491 1,365 BOUND TREE MEDICAL LLC EMS Supplies Fire
301787 1,361 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
302023 1,350 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn
302081 1,350 PRECISE MRM LLC Equipment Parts Snow & Ice Control
301999 1,350 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
302513 1,330 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
301981 1,328 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments10339481,312 MENARDS Repair & Maint. Supplies Ice Arena Maintenance
301984 1,310 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store
1034109 1,306 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC General Community Center
301972 1,301 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
302343 1,299 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
302550 1,298 RIVERS EDGE CONCRETE Asphalt Overlay Stormwater Collection
1033875 1,295 MIDWEST OVERHEAD CRANE Equipment Repair & Maint Water Treatment
1033902 1,292 W W GOETSCH ASSOCIATES INC Repair & Maint. Supplies Water Treatment
301967 1,291 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
301637 1,282 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
301997 1,264 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
301962 1,249 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302173 1,236 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
302293 1,230 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1034072 1,224 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
301879 1,222 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
1033892 1,212 METRO SALES INCORPORATED*Equipment Rentals IT Operating
301658 1,204 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
301890 1,203 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
302520 1,203 HOME DEPOT CREDIT SERVICES Small Tools Facilities Staff
302062 1,200 MINNESOTA SINFONIA Other Contracted Services Staring Lake Concert
302501 1,200 CT RYAN PHOTOGRAPHY Advertising Athletic Programs Admin
302189 1,196 AIRGAS USA LLC Supplies - Pool Fire
1033895 1,191 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1033967 1,186 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
301680 1,177 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
301869 1,177 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
1033941 1,176 ANCHOR PAPER COMPANY Office Supplies Customer Service
1033970 1,170 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
302284 1,152 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
301650 1,152 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
302275 1,145 VAN PAPER COMPANY Cleaning Supplies General Community Center
1033949 1,138 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1
301777 1,132 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
301726 1,130 PAPCO INC Janitor Service Fire Station #1
1034015 1,120 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
302151 1,119 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
301685 1,117 AIRGAS USA LLC EMS Supplies-Oxygen Supplies Fire
302288 1,115 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
9676 1,101 WEX FSA - Medical Health and Benefits
1033873 1,099 CONCRETE CUTTING AND CORING Asphalt Overlay Park Maintenance
302544 1,096 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Outdoor Center Facilities
301718 1,089 MACQUEEN EQUIPMENT INC Protective Clothing Fire
1034029 1,089 FLEETPRIDE INC Equipment Parts Fleet Operating
302009 1,089 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
302163 1,087 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
1034080 1,084 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
302279 1,081 WARNING LITES Other Contracted Services Street Maintenance
9692 1,077 AMERICAN EXPRESS Bank and Service Charges Various Funds
302150 1,072 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
301895 1,042 MARCO INC Hardware - R&M IT Operating
1033907 1,032 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
301933 1,030 SIR LINES-A-LOT Other Contracted Services Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments3018291,023 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1033994 1,022 CDW GOVERNMENT INC.Computers IT Operating
301940 1,017 SYSCO WESTERN MINNESOTA Other Rentals Concessions
301740 1,000 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals
1033869 993 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
301874 992 FIRE SAFETY USA INC Equipment Parts Fleet Operating
1034041 989 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Fleet Operating
301667 977 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1034101 972 GRAINGER Equipment Parts Fitness/Conference - Cmty Ctr
301676 969 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
9699 961 WEX FSA - Medical Health and Benefits
302077 960 PITNEY BOWES Postage Customer Service
302123 960 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1034097 957 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution
301886 950 LAVAN FLOOR COVERING Supplies - General Bldg Police (City Cost)
302264 948 SPORTS UNLIMITED Instructor Service Camps
302325 947 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
301791 947 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
302317 940 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
302232 933 MARTIN MARIETTA MATERIALS Patching Asphalt Stormwater Collection
1034050 931 GRAINGER Equipment Parts General Community Center
302131 926 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
301994 925 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
9696 924 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
9674 921 WEX Other Contracted Services Health and Benefits
9755 918 WEX Other Contracted Services Health and Benefits
302485 911 ASPEN MILLS Clothing & Uniforms Fire
9720 910 WEX FSA - Medical Health and Benefits
302534 910 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services
301815 909 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
301695 905 CINTAS CORPORATION Safety Supplies Community Center Admin
9690 901 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration
1033900 897 STREICHERS Clothing & Uniforms Police Sworn
302227 892 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
301891 885 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn
1034057 883 MENARDS Repair & Maint. Supplies Cummins Grill House
302196 880 BOOSHIE INC Clothing & Uniforms Fire
301720 873 MARTIN MARIETTA MATERIALS Asphalt Overlay Street Maintenance
302002 873 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
302156 870 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1033908 866 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
301651 864 DOMACE VINO Liquor Product Received Den Road Liquor Store
302218 852 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
1033910 851 VINOCOPIA Liquor Product Received Den Road Liquor Store
302137 851 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
302089 850 SAWYERS DREAM Other Contracted Services Staring Lake Concert
302571 847 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
302179 845 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
1034053 845 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
302015 841 PETTY CASH Mileage & Parking Various Funds
301812 834 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1034014 834 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
302054 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments9666825ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
9727 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
9738 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
9747 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
301641 803 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
9766 801 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration
301960 800 MS ROSE AND THE ROSIE POSIES Other Contracted Services Staring Lake Concert
301671 795 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
301711 793 HOME DEPOT CREDIT SERVICES Equipment Repair & Maint City Center - CAM
302324 791 MEGA BEER Liquor Product Received Den Road Liquor Store
9721 787 WEX FSA - Medical Health and Benefits
302021 782 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
302164 782 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
301746 776 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution
1033866 775 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
302154 773 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
301665 772 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
301664 772 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
9776 772 BPAS Other Deductions Health and Benefits
1033864 770 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
302126 758 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
302205 750 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
302530 750 MEALS ON WHEELS Other Contracted Services Housing and Community Service
302554 745 SOLUTION BUILDERS Computers 494 Corridor Commission
301763 743 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
1033885 735 ECM PUBLISHERS INC Employment Advertising Utility Operations - General
1034086 734 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
301845 733 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
301825 731 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
301848 724 BTR OF MINNESOTA Equipment Parts Fleet Operating
1033974 722 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
301659 721 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1033870 720 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1033916 708 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
301911 702 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters
302043 700 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
302070 700 NATIVE RESOURCE PRESERVATION Contract Svcs - Lawn Maint.Fire Station #2
302102 700 TESSMAN KATY Other Contracted Services Staring Lake Concert
302106 700 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services July 4th Celebration
301988 697 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
302234 684 MEDICINE LAKE TOURS Special Event Fees Trips
302212 683 FISH AND LABEAU SIGNS INC Signs Stormwater Non-Capital
1033960 683 WM MUELLER AND SONS INC Landscape Materials/Supp Riley Lake
301808 676 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store
301965 676 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie Village Liquor Store
302099 674 STAPLES ADVANTAGE Office Supplies Customer Service
302082 672 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
302180 663 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
301833 660 ALLENS SERVICE Equipment Repair & Maint Fleet Operating
301822 659 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
302016 659 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1034082 659 CARLSTON, BRANDON Canine Supplies Police Sworn
9733 652 WEX FSA - Medical Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments302546650PRAIRIE RESTORATIONS INC Other Contracted Services Stormwater Non-Capital
1033859 645 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1034023 645 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1033898 644 SHI CORP Dues & Subscriptions Community Center Admin
302334 640 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1033954 639 POMP'S TIRE SERVICE INC Tires Fleet Operating
301950 637 VIRTUAL ACADEMY Other Contracted Services E-911 Program
302132 636 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
302323 629 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1033861 626 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1034055 622 LOCATORS & SUPPLIES INC Asphalt Overlay Street Maintenance
1034054 621 IDENTISYS Operating Supplies Community Center Admin
301935 618 SOLUTION BUILDERS Computers 494 Corridor Commission
301975 616 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
302307 614 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
302354 612 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1033964 602 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1034104 601 HORIZON COMMERCIAL POOL SUPPLY Operating Supplies Pool Maintenance
301889 600 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin.
301925 600 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Special Events Admin
302049 600 IN THE HEART OF THE BEAST Other Contracted Services Staring Lake Concert
301655 594 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
301770 591 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
301892 590 LEIFELD FRAMING Operating Supplies Police Sworn
302148 587 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
302013 586 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1034058 586 METRO ELEVATOR INC Building Repair & Maint.Utility Operations - General
1034028 585 FASTENAL COMPANY Safety Supplies Fleet Operating
301737 582 STAPLES ADVANTAGE Office Supplies Fire
301789 582 DOMACE VINO Liquor Product Received Den Road Liquor Store
302115 580 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund
1034083 580 CLAREY'S SAFETY EQUIPMENT Supplies - Fire/Life/Safety General Community Center
302053 576 LAWSON PRODUCTS INC Operating Supplies Fleet Operating
302480 571 AIRGAS USA LLC Supplies - Pool Pool Maintenance
9709 569 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds
1033989 564 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
1033951 564 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Ice Arena Maintenance
302327 557 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
301971 555 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
301691 554 BRYAN ROCK PRODUCTS INC Gravel Stormwater Collection
302578 550 WAYNES HOME SERVICES Janitor Service - General Bldg Den Bldg. - CAM
301672 549 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1033891 547 MENARDS Supplies - General Bldg Water Treatment
302265 543 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
1034040 543 THE OASIS GROUP Employee Assistance Organizational Services
302101 542 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1034060 539 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
302503 532 DELEGARD TOOL CO Equipment Parts Fleet Operating
302300 531 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
9768 530 WEX FSA - Dependent Care Health and Benefits
302157 530 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
302519 524 HETCHLER MARK Accounts Receivable TIF-Eden Shores Senior Housing
302235 522 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments1033860520BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1034076 517 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
302119 517 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302545 515 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
301694 509 CENTURYLINK Telephone Various Funds
302266 508 STAPLES ADVANTAGE Office Supplies Customer Service
1034035 506 NARAYANAN PG Travel Expense City Council
302494 502 CENTURYLINK Telephone Various Funds
301804 501 WINEBOW Liquor Product Received Den Road Liquor Store
302521 500 IACP Conference/Training Police Sworn
301868 499 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations - General
1033863 497 VINOCOPIA Liquor Product Received Den Road Liquor Store
1033969 494 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
302253 493 PRINT SOURCE MINNESOTA Printing Arts in the Park
302312 490 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1034118 485 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
1034105 484 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signs
301900 480 METRO DINING CLUB Deposits General Fund
1033868 479 VINOCOPIA Liquor Product Received Prairie View Liquor Store
302165 478 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
301751 476 PETTY CASH-POLICE DEPT Operating Supplies Police Sworn
1033971 474 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1034026 471 BERRY COFFEE COMPANY Merchandise for Resale Concessions
302340 470 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
302199 468 CENTURYLINK Telephone IT Operating
302059 468 MASTER CRAFT LABELS INC Operating Supplies Fire
1034079 468 VINOCOPIA Liquor Product Received Prairie View Liquor Store
302291 467 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
301747 463 WESTERN FIRST AID & SAFETY Safety Supplies Den Road Liquor Store
301629 462 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
301847 461 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Moss Site
9688 457 WEX FSA - Medical Health and Benefits
302149 453 DOMACE VINO Liquor Product Received Den Road Liquor Store
1034027 452 CLAREY'S SAFETY EQUIPMENT Repair & Maint. Supplies Fire
301750 450 CITY OF COLUMBIA HEIGHTS Conference/Training Fencing Consortium
302140 449 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1033999 446 GRAINGER Repair & Maint. Supplies Fleet Operating
1033958 445 TEE JAY NORTH INC Contract Svcs - General Bldg General Community Center
301644 442 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
302184 441 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store
301851 441 CENTURYLINK Internet IT Operating
1034048 440 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
302055 439 LUBE-TECH ESI Equipment Testing/Cert.Fleet Operating
1033966 436 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1034113 416 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Center - CAM
301645 411 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store
302088 410 SAVATREE Other Contracted Services Reforestation
302258 410 SAVATREE Other Contracted Services Reforestation
302551 410 SAVATREE Other Contracted Services Reforestation
302564 409 STEPHAN, JACK Accounts Receivable Water Enterprise Fund
302195 402 ASSURED SECURITY Repair & Maint. Supplies Water Supply (Wells)
301983 399 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
302052 390 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments301838390ASPEN MILLS Clothing & Uniforms Police Sworn
302467 389 WATERS KEITH AR Utility Water Enterprise Fund
302032 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service
1033962 387 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1033905 385 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1034107 384 METRO ELEVATOR INC Contract Svcs - Elevator Maintenance Facility
1033935 383 OLSEN CHAIN & CABLE Repair & Maint. Supplies Utility Operations - General
302321 380 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
301893 379 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Stormwater Collection
301961 375 TALEWISE LLC Other Contracted Services Staring Lake Concert
301918 373 PITNEY BOWES Postage Customer Service
302144 373 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
301839 373 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
302069 372 NAC Contract Svcs - Plumbing Fire Station #4
302298 371 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
301923 371 QUALITY REFRIGERATION Equipment Repair & Maint Concessions
1034031 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service
1033915 368 VINOCOPIA Liquor Product Received Prairie View Liquor Store
301843 362 BARNUM GATE SERVICES INC Equipment Repair & Maint Water Treatment
302244 361 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1034009 360 STREICHERS Clothing & Uniforms Volunteers
301708 359 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
302111 359 WINSUPPLY EDEN PRAIRIE MN CO Design & Engineering Economic Development Fund
1034017 358 VINOCOPIA Liquor Product Received Den Road Liquor Store
1034063 356 SPS COMPANIES Equipment Parts Fleet Operating
302057 350 MARSHALL, ADAM DOUGLAS Other Contracted Services Staring Lake Concert
1033983 350 OLSEN CHAIN & CABLE Equipment Parts Street Maintenance
302336 349 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
9756 349 WEX FSA - Medical Health and Benefits
301704 348 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
301778 347 WINEBOW Liquor Product Received Prairie Village Liquor Store
301767 345 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1033996 345 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre
1033865 341 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
302547 340 PROP - PR Charitable Contributions Health and Benefits
301942 340 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
1033950 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating
301656 338 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
302236 332 MHSRC/DDP Other Contracted Services Senior Center Programs
302172 330 DOMACE VINO Liquor Product Received Prairie View Liquor Store
302177 330 LUCE LINE BREWING CO LLC Liquor Product Received Prairie View Liquor Store
1034115 329 SHI CORP Software IT Operating
302004 329 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
302477 329 ZELLER PHILIP AR Utility Water Enterprise Fund
302229 325 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn
1033917 325 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
301998 325 WINEBOW Liquor Product Received Den Road Liquor Store
302257 325 SAMBATEK INC Design & Engineering Wastewater Capital
302037 324 FREEZIAC Merchandise for Resale Concessions
1034018 322 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
302318 321 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
301836 320 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
302437 320 PRESLER TROY AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments301974320PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
301937 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire
302555 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire
1033904 317 XCEL ENERGY Electric Traffic Signals
301870 313 EMERGENCY TECHNICAL DECON Protective Clothing Fire
1034099 312 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
302240 310 MONTAGE ENTERPRISES INC Equipment Repair & Maint Street Maintenance
301760 310 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
9736 309 US BANK - PAYMODE Bank and Service Charges Finance
301636 308 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302216 308 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
301638 306 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
1033929 305 METROPOLITAN FORD Equipment Parts Fleet Operating
302074 302 PAINE KATEE P&R Refunds Community Center Admin
1034071 300 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
302014 300 WINEBOW Liquor Product Received Prairie View Liquor Store
302114 300 CROW WING COUNTY SHERIFF'S OFFICE Deposits General Fund
302192 300 ANDERSON BILL Special Event Fees Senior Board
302207 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating
302316 300 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
1034122 300 CLARK DENNIS Travel Expense Police Sworn
1034123 300 HOYLE TYLER Travel Expense Police Sworn
302138 299 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302398 296 IKUENOBE SANDY AR Utility Water Enterprise Fund
301979 295 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
301964 294 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
302000 294 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
301977 294 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
302518 290 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
301743 290 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance
301871 290 ESTRINE, ROBERT Other Contracted Services Community Band
302045 289 HLS OUTDOOR Chemicals Park Maintenance
9731 289 VANCO SERVICES Bank and Service Charges Wastewater Accounting
1033906 285 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1034094 284 BOYER TRUCKS Equipment Parts Fleet Operating
301762 282 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1033942 281 BIFFS INC Waste Disposal Round Lake
302310 280 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
9722 278 WEX FSA - Medical Health and Benefits
1033943 277 CDW GOVERNMENT INC.Computers IT Operating
301794 276 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1033965 275 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
302311 274 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
302011 272 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
1033909 270 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1034038 268 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
301796 268 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
302139 267 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
302159 265 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
302280 265 WAYNES HOME SERVICES Janitor Service Prairie Village Liquor Store
1033973 265 VINOCOPIA Liquor Product Received Prairie View Liquor Store
302008 260 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1033924 257 FLEETPRIDE INC Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments301657256OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
301802 256 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
301862 256 DELTA DENTAL Wages and Benefits 494 Corridor Commission
301679 252 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store
302556 251 STAPLES ADVANTAGE Office Supplies Customer Service
301947 251 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility
301830 251 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
302308 249 WINEBOW Liquor Product Received Prairie Village Liquor Store
302193 249 ARAMARK Janitor Service Prairie Village Liquor Store
302136 246 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
302155 246 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
302342 246 DOMACE VINO Liquor Product Received Prairie View Liquor Store
301954 245 WIESE USA Equipment Parts Fleet Operating
301863 245 DIRECTV Cable TV Community Center Admin
1033992 245 BOYER TRUCKS Equipment Parts Fleet Operating
301828 244 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
301642 244 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
302482 240 AMERICAN PRESSURE INC Small Tools Park Maintenance
301932 240 SHEPPARD ELIZABETH Operating Supplies Outdoor Center
302465 239 WALLACE JULIE AR Utility Water Enterprise Fund
302208 237 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Housing and Community Service
1034073 237 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
302382 236 FLOM DAVID AR Utility Water Enterprise Fund
302183 234 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
301970 234 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
301674 233 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
302526 229 I-STATE TRUCK CENTER Equipment Repair & Maint Fleet Operating
1034036 229 NESSLER STEVEN Clothing & Uniforms Police Sworn
1034019 229 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
1034022 229 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1034062 229 PREMIUM WATERS INC Operating Supplies - Water Fire
302272 229 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
301899 229 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating
302506 228 EARL F ANDERSEN INC Signs Traffic Signs
9734 226 WEX FSA - Medical Health and Benefits
1034002 225 MENARDS Operating Supplies Fleet Operating
302383 222 FREEMAN, BARBARA AR Utility Water Enterprise Fund
1033968 221 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
302286 220 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
301684 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission
302479 220 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission
302174 220 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
301713 217 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Arts
9752 215 WEX FSA - Medical Health and Benefits
302569 215 TNC INDUSTRIES INC Supplies - General Bldg Fire Station #1
302499 215 COMCAST Phone/Data/Web 494 Corridor Commission
1033963 213 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
302031 213 CUTTER GERALD AR Utility Water Enterprise Fund
1034110 213 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
301633 212 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1034007 212 PRAIRIE ELECTRIC COMPANY Repair & Maint. Supplies Water Treatment
301781 210 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
301807 210 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments301963210BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302127 210 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
1033867 209 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
302573 208 US LEGACY PROMOTIONS Clothing & Uniforms Fire
302130 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302162 207 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
302171 205 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
301934 205 SNAP-ON TOOLS Small Tools Fleet Operating
1033997 204 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
301755 201 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store
301782 201 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
302116 200 PETTY CASH Petty Cash & Change Funds General Fund
302295 200 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
302345 200 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
301699 199 COMCAST Phone/Data/Web 494 Corridor Commission
301749 199 APWA Dues & Subscriptions Engineering
1034119 198 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
302141 197 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1034024 197 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1034039 197 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
302294 196 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
301788 195 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
302512 195 ESTRINE, ROBERT Other Contracted Services Community Band
302541 195 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
302017 195 ARAMARK Janitor Service Prairie View Liquor Store
302484 195 ARAMARK Janitor Service Prairie View Liquor Store
1033862 194 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1033980 193 MADISON, MELISSA Conference/Prof. Dev.494 Corridor Commission
1033972 192 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
301854 190 COMCAST Internet IT Operating
301783 189 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
301646 188 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
302341 188 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
1034016 187 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
301826 186 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
302073 184 PADILLA JENNA P&R Refunds Community Center Admin
1034078 184 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
302373 183 DILTZ JOSHUA AR Utility Water Enterprise Fund
301653 182 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
302352 182 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
9762 182 WEX FSA - Medical Health and Benefits
301723 182 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
302397 181 HORNBACHER JAMES AR Utility Water Enterprise Fund
302347 181 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
302416 181 MACKAY IAN AR Utility Water Enterprise Fund
301883 181 JSW EMBROIDERY & TACKLE TWILL Deposits General Fund
302033 180 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration
1034091 179 WISE JAMES J Mileage & Parking Assessing
9683 178 PAYA Bank and Service Charges Theatre Initiative
302402 178 KASH LLC AR Utility Water Enterprise Fund
302143 178 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
302254 178 PROPIO LS LLC Other Contracted Services Utility Operations - General
302104 178 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
Check #Amount Supplier / Explanation Account Description Business Unit Comments302401177KALINA ROGER AR Utility Water Enterprise Fund
9714 177 OPTUM HEALTH Other Contracted Services Health and Benefits
301666 176 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1034070 176 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
301945 175 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery
1033897 175 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Supply (Wells)
1034096 175 CITI-CARGO & STORAGE CO, INC Other Rentals July 4th Celebration
302419 174 MATKOVITS GEORGE AR Utility Water Enterprise Fund
302368 173 BUSHNELL BRENT AR Utility Water Enterprise Fund
1034056 172 MATHESON TRI-GAS INC Operating Supplies Fleet Operating
301663 171 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
302332 171 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
302353 171 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
9775 169 WEX FSA - Medical Health and Benefits
302567 166 TALKPOINT TECHNOLOGIES INC Equipment Parts E-911 Program
1034012 166 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
301712 165 J H LARSON COMPANY Supplies - Fire/Life/Safety City Center - CAM
1034095 164 CENTERPOINT ENERGY Gas Prairie View Liquor Store
302124 164 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
302028 162 COMCAST Cable TV Fire
1034077 162 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
302412 162 LANTZ MARK AR Utility Water Enterprise Fund
1033918 162 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations - General
301772 161 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store
301814 159 DOMACE VINO Liquor Product Received Prairie View Liquor Store
301989 159 DOMACE VINO Liquor Product Received Den Road Liquor Store
301761 158 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
301813 158 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
302134 156 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
302365 156 BOHN DAVID AR Utility Water Enterprise Fund
302302 156 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
1034004 155 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
302305 155 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
302472 153 WHITEHURST SCOTT AR Utility Water Enterprise Fund
302270 153 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1034013 153 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
302214 153 GEARY BRUCE AR Utility Water Enterprise Fund
301735 151 STALKER RADAR Equipment Repair & Maint Police Sworn
1034093 151 BIFFS INC Other Contracted Services PeopleFest
301730 150 PROPIO LS LLC Other Contracted Services Utility Operations - General
301790 150 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store
301888 150 LAWTON ROBERT Operating Supplies Volunteers
301976 150 PORTAGE BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302290 150 CARLOS CREEK WINERY Liquor Product Received Prairie Village Liquor Store
302570 150 TRAYNOR JEFF AR Utility Water Enterprise Fund
1033982 150 MPX GROUP, THE Printing Police Sworn
1034067 150 USA SECURITY Maintenance Contracts Water Treatment
302117 149 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
301931 149 SCHMIT RON Operating Supplies Outdoor Center
302386 147 GRIFFIN LORETTA AR Utility Water Enterprise Fund
302125 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1033922 147 DEAN BRYAN Travel Expense Police Sworn
1033928 147 KUCERA MATT Travel Expense Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments301765146INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
301992 146 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
302469 146 WEGMILLER JANET AR Utility Water Enterprise Fund
301753 144 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
302525 143 ISC COMPANIES INC Repair & Maint. Supplies Water Treatment
302403 143 KATHI PURUSHOTHAM AR Utility Water Enterprise Fund
301982 140 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
302285 140 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
302432 140 ORR THOMAS AR Utility Water Enterprise Fund
1033981 140 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
1034085 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service
9767 138 WEX FSA - Medical Health and Benefits
301819 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
302153 138 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
302178 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
302292 138 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
301912 137 PAPCO INC Janitor Service General Community Center
301769 137 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
302303 137 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
302330 137 SMALL LOT MN Liquor Product Received Den Road Liquor Store
302350 137 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
1034044 135 CDW GOVERNMENT INC.Computers IT Operating
1033932 135 MUNOZ, MEGAN Mileage & Parking Fitness Admin.
301661 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
302022 135 CENTURYLINK Internet IT Operating
302427 132 NGUYEN KHOA AR Utility Water Enterprise Fund
302395 132 HINRICHS, DANIEL AR Utility Water Enterprise Fund
1034001 131 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake
302007 130 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1034087 129 METROPOLITAN FORD Equipment Parts Fleet Operating
301683 129 ACME TOOLS Small Tools Street Maintenance
302421 128 MCGEE KEVIN AR Utility Water Enterprise Fund
301858 127 COREMARK METALS Equipment Repair & Maint Park Maintenance
301717 127 LUBE-TECH ESI Repair & Maint. Supplies Water Treatment
1034006 126 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
302442 126 SCHLINZ KAREN AR Utility Water Enterprise Fund
301990 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
302536 126 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Supply-Operating Fire
1033914 126 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
301881 125 INDIGO SIGNWORKS, INC.Office Supplies City Council
302376 124 EK CARL AR Utility Water Enterprise Fund
301922 123 PROPIO LS LLC Other Contracted Services Police Sworn
1033858 122 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
302438 122 PRIEST PENNY AR Utility Water Enterprise Fund
1034124 121 DAVIS, HEATHER Deposits General Fund
1033919 121 BOLD, PAULINE Operating Supplies Outdoor Center
301903 120 MINNESOTA SECRETARY OF STATE - NOTARY Licenses, Taxes, Fees Police Sworn
1033931 120 MPX GROUP, THE Printing Police Sworn
1034020 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
1034025 120 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
9735 120 WEX FSA - Medical Health and Benefits
302128 120 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
9675 119 WEX FSA - Medical Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments302027118COMCASTCable TV Fire
302460 118 TSCHUMPER PATRICK AR Utility Water Enterprise Fund
302166 118 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store
302454 118 SYVERTSEN MARSHALL AR Utility Water Enterprise Fund
302441 117 SANCHEZ PAT AR Utility Water Enterprise Fund
301756 117 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
302583 116 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
302478 114 ZILLMER ERIC AR Utility Water Enterprise Fund
9680 114 SQUARE Bank and Service Charges Den Road Liquor Store
302474 112 WILKINSON, SUSAN AR Utility Water Enterprise Fund
302356 112 ABBETT SARAH AR Utility Water Enterprise Fund
1034074 111 VINOCOPIA Liquor Product Received Den Road Liquor Store
302186 111 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
302012 111 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
302093 108 SOLUTION BUILDERS Computers 494 Corridor Commission
301725 108 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
302306 108 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
302329 108 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
1033899 106 STERICYCLE INC Other Contracted Services Police Sworn
1034065 106 STERICYCLE INC Other Contracted Services Police Sworn
301779 106 56 BREWING LLC Liquor Product Received Den Road Liquor Store
301805 106 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
301821 106 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
301681 106 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance
301702 105 DOUG TUCKER Mileage & Parking Ice Admin.
9765 104 SQUARE Bank and Service Charges Prairie Village Liquor Store
301943 104 T-MOBILE Cell Phones 494 Corridor Commission
301774 104 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
302161 104 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
302320 104 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
302344 104 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
1033986 103 VERLEY, VALERIE Mileage & Parking Community Center Admin
1034125 103 VELNER, STEVEN Training Supplies Police Sworn
301775 103 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
301855 103 COMCAST Cable TV Fire
1033877 103 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1033890 102 JANEX INC Cleaning Supplies General Community Center
301776 102 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store
302333 102 VIP WINE & SPIRITS LTD Liquor Product Received Den Road Liquor Store
301734 100 SEELING, LYNN A Operating Supplies Summer Theatre
301682 100 ACME JAZZ COMPANY Other Contracted Services Special Events Admin
301688 100 BEND IN THE RIVER BIG BAND Other Contracted Services Special Events Admin
301706 100 GOOD NEWS BIG BAND Other Contracted Services Special Events Admin
301715 100 JUST FRIENDS BIG BAND Other Contracted Services Special Events Admin
301732 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Special Events Admin
302246 100 PATHLIGHT PROPERTY MANAGEMENT Deferred Revenue General Fund
1033926 100 KALLIGHER, ANDREA Mileage & Parking Community Center Admin
301686 100 ARAMARK Janitor Service Prairie Village Liquor Store
302496 100 CINTAS CORPORATION #470 Operating Supplies Park Maintenance
302413 99 LEVINE PETER AR Utility Water Enterprise Fund
302444 98 SHAMA RITU AR Utility Water Enterprise Fund
302375 98 EFFERTZ VICKY AR Utility Water Enterprise Fund
302443 98 SCHMIDT BEVERLY AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments30187596FLYNN, KERRY Operating Supplies Outdoor Center
301710 95 HLS OUTDOOR Chemicals Round Lake
302250 95 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Park Maintenance
302024 95 CLAIMFOX INC Other Contracted Services Police Sworn
1034021 95 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
301697 93 COMCAST Internet IT Operating
302497 93 COMCAST Internet IT Operating
302445 93 SHARMA DEEPAK AR Utility Water Enterprise Fund
302471 93 WESS DAVID AR Utility Water Enterprise Fund
1033872 93 CLAREY'S SAFETY EQUIPMENT Safety Supplies Arts Center
1033978 92 LAKELAND ENGINEERING EQUIP CO Repair & Maint. Supplies Park Maintenance
301968 92 BUCH Liquor Product Received Prairie Village Liquor Store
1033952 91 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
302100 90 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1033921 90 CARLSTON, BRANDON Canine Supplies Police Sworn
302429 90 NORTHERN VALUE GROUP LLC AR Utility Water Enterprise Fund
302436 90 PETERSON BRUCE AR Utility Water Enterprise Fund
9687 90 WEX FSA - Medical Health and Benefits
302535 90 MINNESOTA DEPARTMENT OF REVENUE Conference/Training Assessing
302475 89 WOLDEN CAROLINE AR Utility Water Enterprise Fund
302185 89 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
302464 89 VOLLMER STEVEN AR Utility Water Enterprise Fund
302380 89 FEINE DAN AR Utility Water Enterprise Fund
301885 87 LANO EQUIPMENT INC Equipment Parts Fleet Operating
302224 85 INTERSTATE ALL BATTERY CENTER Supplies - Fire/Life/Safety Fire Station #1
302463 83 VIELEHR KURT AR Utility Water Enterprise Fund
302260 83 SHRED RIGHT Waste Disposal General Community Center
301799 83 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store
301703 82 EARL F ANDERSEN INC Signs Park Maintenance
302085 81 RDO EQUIPMENT CO Equipment Parts Fleet Operating
302384 79 GOMELSKY, VLADIMIR AR Utility Water Enterprise Fund
302393 78 HICKS JED AR Utility Water Enterprise Fund
302424 78 MORGAN MICHELLE AR Utility Water Enterprise Fund
301824 78 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store
1033937 78 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
302452 77 SUTHAR ANIL AR Utility Water Enterprise Fund
9723 77 MONEY MOVERS INC Other Contracted Services Community Center Admin
302200 77 COMCAST Cable TV Fire
1033977 76 FASTENAL COMPANY Repair & Maint. Supplies Round Lake
302531 76 MEDICINE LAKE TOURS Special Event Fees Trips
9664 76 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
9710 76 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
9744 76 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
301908 75 NORTHERN BRANDS INC Operating Supplies Volunteers
9704 75 WEX FSA - Medical Health and Benefits
302091 75 SNAP-ON TOOLS Small Tools Fleet Operating
1033901 75 UPS Postage Fitness Admin.
1033993 73 CAWLEY COMPANY, THE Clothing & Uniforms Prairie View Liquor Store
302065 73 MN DEPT OF TRANSPORTATION Testing 2020 Improvement Projects
302407 73 KOTWICA CHRISTINA AR Utility Water Enterprise Fund
9718 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
302363 71 BECVAR NATHAN AR Utility Water Enterprise Fund
302495 70 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments30237870ESTATE OF GARRETT G CARLSON AR Utility Water Enterprise Fund
1033976 69 CUSTOM HOSE TECH Equipment Parts Fleet Operating
302391 68 HENNING LARRY AR Utility Water Enterprise Fund
302369 68 CLAAR DANIEL AR Utility Water Enterprise Fund
301936 68 SPANIER CHRISTINA Mileage & Parking Communications
302063 68 MINNESOTA TROPHIES & GIFTS Operating Supplies Volunteers
302067 67 MR CUTTING EDGE Other Contracted Services Ice Arena Maintenance
302446 66 SHIELDS, PATRICIA AR Utility Water Enterprise Fund
9706 65 WEX FSA - Medical Health and Benefits
302239 65 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
302387 63 HAJRULLAHU RIDVAN AR Utility Water Enterprise Fund
302202 63 CUB FOODS EDEN PRAIRIE Clothing & Uniforms Police Sworn
301916 63 PILGRIM DRY CLEANERS INC Clothing & Uniforms Fire
1034084 62 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance
302187 62 ACE SUPPLY COMPANY INC Supplies - HVAC Arts Center
301856 62 COMCAST Cable TV Fire
1034120 62 XCEL ENERGY Electric Round Lake
302076 62 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
302458 61 TSCHETTER JAY AR Utility Water Enterprise Fund
9711 61 MONEY MOVERS INC Other Contracted Services Community Center Admin
302414 60 LICKTEIG NORBERT AR Utility Water Enterprise Fund
1034034 60 MPX GROUP, THE Operating Supplies Fire
301817 60 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
302175 60 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
302527 58 JOHNSON TYRA P&R Refunds Community Center Admin
302415 57 LONG BLAKE AR Utility Water Enterprise Fund
302409 56 KRAUTKRAMER ADRIENNE AR Utility Water Enterprise Fund
1033956 54 SPS COMPANIES Supplies - Ice Rink City Center - CAM
302431 54 OGORMAN BLAINE AR Utility Water Enterprise Fund
302461 53 VANCE, GUY AR Utility Water Enterprise Fund
302277 53 VERMONT SYSTEMS, INC Software Recreation Admin
302580 52 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Street Lighting
301698 52 COMCAST Cable TV Fire
302498 52 COMCAST Cable TV Fire
1034033 52 MCCALLEY, JAMIE Tuition Reimbursement/School Fitness Classes
1034081 51 BARRIE SPENCER Motor Fuels Fleet Operating
302426 51 NEALE MATTHEW AR Utility Water Enterprise Fund
302118 51 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
302440 51 ROTHERING THOMAS AR Utility Water Enterprise Fund
1033938 51 ROCKEY, JOSH Mileage & Parking Senior Center Admin
9670 51 WEX FSA - Medical Health and Benefits
302026 50 COMCAST Internet IT Operating
302209 50 EF HIGH SCHOOL EXCHANGE YEAR Other Contracted Services PeopleFest
302220 50 HOPE ORGANIZATION INC Other Contracted Services PeopleFest
302221 50 INDIA ASSOCIATION OF MINNESOTA Other Contracted Services PeopleFest
302223 50 INTERFAITH CIRCLE Other Contracted Services PeopleFest
1034126 50 WILLIAMSON SCOTT Clothing & Uniforms Police Sworn
302410 50 KURA VIAAYA AR Utility Water Enterprise Fund
1033874 49 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
1033923 48 FAGNANT, SUSAN Operating Supplies Outdoor Center
9769 48 WEX FSA - Medical Health and Benefits
1033979 47 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
302423 47 MISSAGHI. SHAHRAM AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments30226345SPANIER CHRISTINA Mileage & Parking Communications
9771 45 PAYA Bank and Service Charges Theatre Initiative
302238 45 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Utility Operations - General
302455 44 TAKAREUSKI ANTON AR Utility Water Enterprise Fund
302060 43 MATTSON IVY Operating Supplies Arts Center
9732 43 WEX FSA - Medical Health and Benefits
302476 43 WU, YICHEN AR Utility Water Enterprise Fund
9759 42 WEX FSA - Medical Health and Benefits
301860 42 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
301729 42 PROP P&R Refunds Community Center Admin
302188 41 AFLAC INC Wages and Benefits 494 Corridor Commission
1033953 41 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
302457 41 TRISLER JIM AR Utility Water Enterprise Fund
1033925 41 GROSS ALLIE Mileage & Parking Park Facilities
302470 40 WEGNER GARY AR Utility Water Enterprise Fund
9705 40 WEX FSA - Medical Health and Benefits
302576 40 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues & Subscriptions Fire
302434 40 OVERLID ERIK AR Utility Water Enterprise Fund
1034089 39 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
302079 39 PRAIRIE LAWN AND GARDEN Equipment Repair & Maint Street Maintenance
302392 39 HICKCOX ANDREW AR Utility Water Enterprise Fund
302411 37 LACH THEAVY AR Utility Water Enterprise Fund
302473 37 WIGANOWSKY JESSE AR Utility Water Enterprise Fund
302396 36 HOLT ROB AR Utility Water Enterprise Fund
301904 36 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance
302451 35 SUNNY DAY HOMES LLC AR Utility Water Enterprise Fund
302390 34 HEISEL VICTORIA AR Utility Water Enterprise Fund
301689 34 BLACK & DECKER, U S INC Equipment Repair & Maint Utility Operations - General
302453 33 SYED IMRAN AR Utility Water Enterprise Fund
1034037 32 NORCOSTCO Operating Supplies Summer Theatre
302360 32 BARNES MICHELLE AR Utility Water Enterprise Fund
302420 32 MAZOROL ALLEN AR Utility Water Enterprise Fund
302379 31 EVOKE RENOVATIONS LLC AR Utility Water Enterprise Fund
302097 30 STADLER HANNAH Operating Supplies Arts Center
302374 30 EBERT, JON AR Utility Water Enterprise Fund
9757 29 WEX FSA - Medical Health and Benefits
302508 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
302509 29 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
302466 28 WARNER HUNTER AR Utility Water Enterprise Fund
302406 27 KLINGEL WILLIAM AR Utility Water Enterprise Fund
302448 26 STOIA DONNA AR Utility Water Enterprise Fund
301861 26 CUMMINS SALES AND SERVICE Equipment Parts Fleet Operating
302417 25 MAILATYAR ROBBY AR Utility Water Enterprise Fund
9678 25 WEX FSA - Medical Health and Benefits
302468 25 WEED, MICHAEL AR Utility Water Enterprise Fund
302385 24 GRESSER MICHAEL AR Utility Water Enterprise Fund
302435 24 PARAMOUNT INVESTMENT GROUP LLC AR Utility Water Enterprise Fund
1033991 24 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
302425 24 MORRIS CELESTE AR Utility Water Enterprise Fund
302447 23 SMITH MEREDITH AR Utility Water Enterprise Fund
1033887 23 FORCE AMERICA Equipment Parts Fleet Operating
301696 23 COMCAST Other Contracted Services Police Sworn
302201 23 COMCAST Other Contracted Services Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments30239423HILLER MARGARET AR Utility Water Enterprise Fund
302357 22 ANDERSON ALEXUS AR Utility Water Enterprise Fund
302418 22 MARTIN JASON AR Utility Water Enterprise Fund
302377 22 ELTON-VOSEJPKA EVE AR Utility Water Enterprise Fund
302372 21 DIAZ MARIA AR Utility Water Enterprise Fund
302370 21 CLEVINGER THOMAS AR Utility Water Enterprise Fund
302428 20 NORMAN ERIK AR Utility Water Enterprise Fund
302408 20 KRAUSS LUKE AR Utility Water Enterprise Fund
302389 20 HANSON BRETT AR Utility Water Enterprise Fund
302367 20 BURT JAMES AR Utility Water Enterprise Fund
1033984 20 SPOK, INC.Cell/Pager Plans IT Operating
9703 20 WEX FSA - Medical Health and Benefits
301852 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
302422 20 MILLER JEFFREY AR Utility Water Enterprise Fund
1034010 20 UPS Postage Human Resources
302399 19 JAMES JEREMY AR Utility Water Enterprise Fund
1033985 19 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
301714 19 JSW EMBROIDERY & TACKLE TWILL Deposits General Fund
302430 18 NORTON BRITT AR Utility Water Enterprise Fund
302405 18 KLEE ROCHELLE AR Utility Water Enterprise Fund
302359 18 AUSTIN GARY AR Utility Water Enterprise Fund
301914 18 PERKINSON KRISTINA Operating Supplies Outdoor Center
302553 18 SHRED RIGHT Waste Disposal Fire Station #1
302537 17 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance
302381 17 FLAGSTAD ERIC AR Utility Water Enterprise Fund
302449 16 STORMS SUSAN AR Utility Water Enterprise Fund
301841 16 BACAL, AGNIESZKA Operating Supplies Outdoor Center
302507 16 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
302542 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
1033946 16 GRAINGER Repair & Maint. Supplies Water Treatment
302439 15 RHEAULT RICHARD AR Utility Water Enterprise Fund
302459 15 TSCHOHL KEITH AR Utility Water Enterprise Fund
302064 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
302366 15 BROSCHARD FRANK AR Utility Water Enterprise Fund
302371 14 DEELSTRA REBECCA AR Utility Water Enterprise Fund
302450 14 SUAREZ ADRIAN AR Utility Water Enterprise Fund
302388 14 HANCOCK JOAN AR Utility Water Enterprise Fund
302462 14 VAVRICHEK KAREN AR Utility Water Enterprise Fund
9758 14 WEX FSA - Medical Health and Benefits
302433 13 OSENIEKS OTTO AR Utility Water Enterprise Fund
9693 12 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
9717 12 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
302364 11 BENSON LLOYD AR Utility Water Enterprise Fund
302203 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
302404 10 KEELEY BRANDON AR Utility Water Enterprise Fund
302213 10 FORLITI SOPHIA Operating Supplies Summer Theatre
9671 10 WEX FSA - Medical Health and Benefits
302362 9 BECKER GARY AR Utility Water Enterprise Fund
1033933 9 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
302456 9 TESMER MICHAEL AR Utility Water Enterprise Fund
302358 9 ANDERSON ROGER AR Utility Water Enterprise Fund
302361 8 BECK JOHN AR Utility Water Enterprise Fund
302400 8 KADAM ARUN AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments3017007CONSTRUCTION MATERIALS INC Small Tools Street Maintenance
301850 7 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
302355 7 ECKANKAR AR Utility Water Enterprise Fund
302107 6 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission
302025 4 COMCAST Other Contracted Services Police Sworn
12,052,332 Grand Total
City of Eden PrairieCouncil Check Summary
8/15/2023
Division Amount Division Amount
000 General 2,220 304 Senior Board 822
100 City Manager 47,905 308 E-911 1,091
101 Legislative 7,033 315 Economic Development 1,163,245
102 Legal Counsel 33,837 435 2008B G.O. Improvement Bonds 1,800
110 City Clerk 314 446 2014A G.O. TAX ABATEMENT BONDS 181,650
111 Customer Service 9,128 448 2016A GO BONDS - WEST 70TH ST.12,180
112 Human Resources 220 502 Park Development 64,358
113 Communications 8,919 509 CIP Fund 741,029
114 Benefits & Training 5,296 513 CIP Pavement Management 10,383
130 Assessing 959 522 Improvement Projects 2006 444,118
131 Finance 2,872 526 Transportation Fund 6,499
132 Housing and Community Services 36,873 539 2020 Improvement Projects 111,723
133 Planning 119 540 Duck Lake Rd. Reconstruction 176,783
136 Public Safety Communications 6,040 542 Willow Creek Street/Utilities 7,164
137 Economic Development 10 543 Police Remodel 1,400
138 Community Development Admin.648 804 100 Year History 821
150 Park Administration 1,700 Total Capital Projects Fund 2,925,065
151 Park Maintenance 111,807
153 Organized Athletics 1,230 601 Prairie Village Liquor 281,279
154 Community Center 48,716 602 Den Road Liquor 503,683
155 Beaches 381 603 Prairie View Liquor 301,212
156 Youth Programs 25,714 605 Den Road Building 5,668
157 Special Events 56,537 701 Water Enterprise Fund 1,105,272
158 Senior Center 6,323 702 Wastewater Enterprise Fund 410,551
159 Recreation Administration 14,778 703 Stormwater Enterprise Fund 129,127
160 Therapeutic Recreation 514 Total Enterprise Fund 2,736,792
162 Arts 14,915
163 Outdoor Center 3,801 802 494 Commuter Services 77,215
164 Park Rental Facilities 41 806 SAC Agency Fund 4,970
168 Arts Center 6,823 807 Benefits Fund 3,283,267
180 Police Sworn 41,538 809 Investment Fund 6,938
184 Fire 65,309 811 Property Insurance 1,203
186 Inspections 10,506 812 Fleet Internal Service 1,189,702
200 Engineering 6,988 813 IT Internal Service 144,812
201 Street Maintenance 367,752 814 Facilities Capital ISF 181,855
202 Street Lighting 81,608 815 Facilites Operating ISF 116,304
Total General Fund 1,029,374 816 Facilites City Center ISF 118,611
817 Facilites Comm. Center ISF 152,032
301 CDBG 23,857 818 Dental Insurance 34,875
303 Cemetary Operation 4,011 820 Fencing Consortium 6,450
321 Opioid Settlement 15,000 Total Internal Service/Agency Funds 5,318,235
Total Special Revenue Fund 42,867
Report Total 12,052,332
City of Eden PrairiePurchasing Card Payment Report
8/15/2023
Amount Account Description Business Unit
6,349 Building Surcharge General Fund
6,067 Capital Under $25,000 Pool Operations
3,819 Operating Supplies July 4th Celebration
2,961 Deposits General Fund
2,042 Other Contracted Services Senior Center Programs
1,636 Other Rentals July 4th Celebration
1,595 Waste Disposal Fleet Operating
1,491 Repair & Maint. Supplies Wasterwater Collection
1,416 Operating Supplies Park Maintenance
1,370 Other Rentals Summer Theatre
1,339 Operating Supplies Fire
1,333 Capital Under $25,000 Fitness Center
1,200 Other Contracted Services Street Maintenance
1,076 Travel Expense City Council
1,074 Operating Supplies Tennis
999 Other Contracted Services Communications
961 Operating Supplies Tennis
891 Bank and Service Charges Prairie View Liquor Store
828 Software Fleet Operating
820 Operating Supplies Park Maintenance
811 Bank and Service Charges Prairie View Liquor Store
807 Operating Supplies Safety Camp
798 Bank and Service Charges Prairie View Liquor Store
795 Conference/Training City Council
795 Deposits General Fund
795 Conference/Training City Council
790 Conference/Training Administration
725 Tuition Reimbursement/School Police Sworn
707 Operating Supplies Gymnasium (CC)
699 Operating Supplies Safety Camp
690 Operating Supplies Police Sworn
688 Travel Expense Utility Operations - General
688 Travel Expense Utility Operations - General
676 Operating Supplies July 4th Celebration
649 Dues & Sub-Memberships Assessing
634 Repair & Maint. Supplies Water Distribution
630 Tuition Reimbursement/School Police Sworn
613 Operating Supplies Fire
600 Conference/Training City Council
Amount Account Description Business Unit600Conference/Training Administration
600 Awards Volleyball
585 Clothing & Uniforms Fitness Admin.
578 Licenses, Taxes, Fees Fitness Classes
565 Operating Supplies Arts Center
548 Conference/Training City Council
510 Other Contracted Services Senior Center Programs
502 Travel Expense City Council
502 Travel Expense City Council
502 Travel Expense City Council
495 Safety Supplies Pool Operations
486 Other Rentals Park Maintenance
462 Licenses, Taxes, Fees Pool Lessons
447 Operating Supplies Youth Programs Admin
443 Tuition Reimbursement/School Police Sworn
443 Tuition Reimbursement/School Police Sworn
443 Tuition Reimbursement/School Police Sworn
434 Operating Supplies Gymnasium (CC)
428 Operating Supplies Arts Center
425 Operating Supplies Fire
400 Dues & Sub-Memberships Housing and Community Service
400 Dues & Sub-Memberships Housing and Community Service
400 Operating Supplies Parks Administration
399 Other Contracted Services Liquor Store Delivery
389 Operating Supplies July 4th Celebration
376 Equipment Repair & Maint Public Safety Communications
375 Conference/Training Sustainable Eden Prairie
358 Repair & Maint. Supplies Water Treatment
348 Canine Supplies Police Sworn
346 Clothing & Uniforms Theatre Initiative
346 Operating Supplies New Adaptive
344 Miscellaneous City Council
295 Process Control Equipment IT Operating
294 Licenses, Taxes, Fees Pool Lessons
292 Equipment Parts Fleet Operating
291 Operating Supplies Fitness Classes
287 Conference/Training Pool Lessons
280 Operating Supplies Pickleball
272 Operating Supplies Public Safety Communications
258 Operating Supplies Senior Board
255 Operating Supplies Fire
255 Operating Supplies Youth Programs Admin
250 Awards Finance
Amount Account Description Business Unit242Merchandise for Resale Concessions
238 Merchandise for Resale Concessions
232 Repair & Maint. Supplies Staring Lake
231 Operating Supplies Playgrounds
225 Operating Supplies Playgrounds
225 Tuition Reimbursement/School Police Sworn
225 Tuition Reimbursement/School Police Sworn
225 Tuition Reimbursement/School Police Sworn
225 Tuition Reimbursement/School Police Sworn
225 Tuition Reimbursement/School Police Sworn
223 Operating Supplies Arts Center
220 Lime Residual Removal Water Treatment
214 Operating Supplies Outdoor Center
214 Operating Supplies Volunteers
212 Operating Supplies Outdoor Center
212 Repair & Maint. Supplies General Community Center
208 Clothing & Uniforms Fitness Admin.
207 Operating Supplies Fire
207 Employee Award Organizational Services
207 Operating Supplies Arts Center
205 Operating Supplies July 4th Celebration
204 Operating Supplies Youth Programs Admin
201 Operating Supplies Youth Programs Admin
199 Tuition Reimbursement/School Police Sworn
196 Operating Supplies Fleet Operating
183 Merchandise for Resale Concessions
180 Canine Supplies Police Sworn
173 Operating Supplies Fire
173 Repair & Maint. Supplies Staring Lake
172 Operating Supplies Arts Center
172 Operating Supplies Concessions
171 Operating Supplies Fire
170 Operating Supplies Outreach
167 Other Contracted Services Street Maintenance
158 Operating Supplies July 4th Celebration
150 Employee Award Organizational Services
150 Miscellaneous Communications
150 Training Fire
150 Clothing & Uniforms Facilities Staff
150 Operating Supplies Youth Programs Admin
150 Clothing & Uniforms Round Lake Beach
148 Software/Hardware Maint.Prairie View Liquor Store
146 Operating Supplies Arts Center
Amount Account Description Business Unit144Repair & Maint. Supplies City Center - CAM
138 Other Rentals PeopleFest
137 Operating Supplies Fitness Classes
132 Clothing & Uniforms Fleet Operating
128 Operating Supplies July 4th Celebration
126 Conference/Training Pool Operations
125 Clothing & Uniforms Fitness Admin.
120 Operating Supplies Summer Theatre
120 Operating Supplies Youth Programs Admin
119 Operating Supplies Senior Board
115 Operating Supplies Youth Programs Admin
111 Merchandise for Resale Concessions
111 Operating Supplies Pool Operations
111 Operating Supplies Youth Programs Admin
110 Licenses, Taxes, Fees Fitness Classes
110 Office Supplies Police Sworn
107 Operating Supplies Arts Center
103 Operating Supplies July 4th Celebration
102 Operating Supplies July 4th Celebration
99 Dues & Sub-Memberships Police Sworn
98 Operating Supplies Arts Center
96 Operating Supplies Playgrounds
96 Operating Supplies Summer Theatre
96 Conference/Training Planning
96 Operating Supplies Day Care
96 Operating Supplies Fire
93 Operating Supplies Outdoor Center
93 Operating Supplies Community Center Admin
92 Merchandise for Resale Senior Board
92 Office Supplies Police Sworn
92 Cleaning Supplies City Center - CAM
92 Operating Supplies Fitness Admin.
90 Licenses, Taxes, Fees Police Sworn
90 Licenses, Taxes, Fees Police Sworn
90 Operating Supplies Round Lake Beach
89 Operating Supplies Arts Center
89 Process Control Equipment IT Operating
89 Operating Supplies Safety Camp
88 Operating Supplies Safety Camp
88 Operating Supplies Safety Camp
87 Software/Hardware Maint.Fire
86 Deposits General Fund
86 Operating Supplies Arts Center
Amount Account Description Business Unit86TiresFleet Operating
85 Conference/Training Finance
85 Operating Supplies Fitness Admin.
85 Operating Supplies Youth Programs Admin
84 Licenses, Taxes, Fees Pool Lessons
83 Repair & Maint. Supplies Utility Operations - General
81 Operating Supplies IT Operating
80 Advertising Community Center Admin
78 Operating Supplies Senior Center Programs
75 Dues & Sub-Memberships Fire
75 Training Fire
75 Software/Hardware Maint.IT Operating
74 Operating Supplies Outreach
73 Operating Supplies Arts Center
72 Operating Supplies Pool Special Events
71 Operating Supplies Outdoor Center
70 Deposits General Fund
70 Operating Supplies Arts Center
68 Operating Supplies Pool Lessons
67 Operating Supplies New Adaptive
65 Operating Supplies July 4th Celebration
65 Operating Supplies Fire
64 Merchandise for Resale Concessions
63 Operating Supplies Arts Center
63 Operating Supplies Tennis
62 Dues & Sub-Memberships Police Sworn
61 Operating Supplies Summer Theatre
60 Conference/Training City Clerk
60 Conference/Training Human Resources
60 Operating Supplies Outdoor Center
60 Operating Supplies Outreach
60 Operating Supplies Arts Center
60 Operating Supplies Community Center Admin
59 Repair & Maint. Supplies Water Treatment
58 Operating Supplies Arts Center
58 Advertising Arts Center
57 Process Control Equipment IT Operating
57 Repair & Maint. Supplies Utility Operations - General
56 Operating Supplies Youth Programs Admin
55 Conference/Training Utility Operations - General
55 Computers IT Operating
55 Operating Supplies Arts Center
52 Operating Supplies Arts Center
Amount Account Description Business Unit52Operating Supplies Outdoor Center
52 Merchandise for Resale Senior Board
51 Operating Supplies Safety Camp
51 Operating Supplies July 4th Celebration
50 Operating Supplies Arts Center
50 Dues & Sub-Memberships City Clerk
50 Special Event Fees Senior Center Programs
50 Conference/Training Tree Disease
50 Licenses, Taxes, Fees Pool Lessons
50 Operating Supplies Pickleball
50 Tuition Reimbursement/School Police Sworn
50 Tuition Reimbursement/School Police Sworn
50 Tuition Reimbursement/School Police Sworn
50 Computers IT Operating
50 Operating Supplies Arts Center
50 Computers Senior Center Admin
49 Operating Supplies Arts Center
49 Operating Supplies Parks Administration
48 Operating Supplies Street Maintenance
48 Conference/Training Community Development Admin.
48 Operating Supplies Fitness Admin.
47 Operating Supplies Public Safety Communications
47 Operating Supplies Youth Programs Admin
47 Operating Supplies Fire
46 Employee Award Organizational Services
46 Operating Supplies Outdoor Center
46 Clothing & Uniforms Fleet Operating
46 Conference/Training Pool Operations
46 Computers IT Operating
45 Operating Supplies Arts Center
45 Operating Supplies Arts
45 Miscellaneous City Council
45 Operating Supplies Outdoor Center
45 Miscellaneous Volunteers
44 Operating Supplies Arts Center
44 Operating Supplies Youth Programs Admin
42 Licenses, Taxes, Fees Pool Lessons
41 Operating Supplies Pool Lessons
40 Dues & Sub-Memberships Assessing
40 Operating Supplies IT Operating
40 Computers IT Operating
40 Operating Supplies Outdoor Center
39 Operating Supplies Youth Programs Admin
Amount Account Description Business Unit39Operating Supplies Outreach
38 Operating Supplies Fire
37 Operating Supplies Arts Center
36 Operating Supplies Community Center Admin
35 Operating Supplies Outdoor Center
35 Operating Supplies July 4th Celebration
35 Merchandise for Resale Concessions
34 Operating Supplies July 4th Celebration
33 Operating Supplies Safety Camp
33 Operating Supplies Pool Lessons
33 Operating Supplies Special Events (CC)
33 Operating Supplies July 4th Celebration
32 Operating Supplies Youth Programs Admin
32 Operating Supplies Outdoor Center
31 Operating Supplies Prairie View Liquor Store
31 Miscellaneous IT Operating
31 Operating Supplies Pool Lessons
30 Operating Supplies Arts Center
30 Conference/Training Utility Operations - General
29 Licenses, Taxes, Fees Fleet Operating
29 Operating Supplies New Adaptive
28 Operating Supplies Outdoor Center
27 Operating Supplies Arts Center
27 Video & Photo Supplies Engineering
26 Operating Supplies Pool Operations
25 Operating Supplies New Adaptive
25 Operating Supplies Arts Center
25 Conference/Training Pool Operations
25 Conference/Training Pool Operations
25 Employee Award Organizational Services
25 Operating Supplies Arts Center
24 Operating Supplies Tennis
24 Safety Supplies Fitness Classes
24 Repair & Maint. Supplies City Hall (City Cost)
24 Operating Supplies Arts Center
23 Operating Supplies Staring Lake Concert
23 Operating Supplies Planning
23 Operating Supplies Arts Center
22 Operating Supplies Summer Theatre
22 Operating Supplies Arts Center
22 Operating Supplies Arts Center
21 Operating Supplies Community Center Admin
21 Operating Supplies July 4th Celebration
Amount Account Description Business Unit21Operating Supplies Youth Programs Admin
21 Operating Supplies Arts Center
21 Operating Supplies IT Operating
20 Operating Supplies Arts Center
20 Operating Supplies Arts Center
20 Dues & Sub-Memberships Police Sworn
20 Dues & Sub-Memberships Theatre Initiative
20 Operating Supplies Summer Theatre
20 Operating Supplies Arts Center
19 Operating Supplies Arts Center
19 Operating Supplies Arts Center
19 Operating Supplies Playgrounds
19 Operating Supplies Concessions
18 Merchandise for Resale Concessions
18 Operating Supplies Special Events Admin
18 Operating Supplies Arts Center
18 Operating Supplies Youth Programs Admin
17 Operating Supplies Fitness Classes
17 Other Contracted Services Organizational Services
16 Repair & Maint. Supplies Water Treatment
16 Repair & Maint. Supplies Utility Operations - General
16 Equipment Repair & Maint Senior Center Programs
16 Operating Supplies Senior Center Admin
16 Operating Supplies New Adaptive
16 Operating Supplies Arts Center
15 Dues & Sub-Memberships Communications
15 Repair & Maint. Supplies Pool Maintenance
14 Operating Supplies Arts Center
14 Operating Supplies Volunteers
14 Operating Supplies Fitness Classes
13 Training Supplies Fire
13 Operating Supplies Day Camp
13 Miscellaneous IT Operating
13 Operating Supplies Youth Programs Admin
12 Operating Supplies Summer Theatre
12 Miscellaneous Volunteers
12 Operating Supplies Summer Theatre
12 Repair & Maint. Supplies General Community Center
12 Operating Supplies Arts Center
12 Operating Supplies Playgrounds
11 Operating Supplies Youth Programs Admin
11 Operating Supplies Arts Center
11 Operating Supplies Playgrounds
Amount Account Description Business Unit11Merchandise for Resale Concessions
11 Operating Supplies Pool Operations
11 Operating Supplies New Adaptive
10 Conference/Training Economic Development
10 Conference/Training Administration
10 Operating Supplies New Adaptive
10 Operating Supplies New Adaptive
10 Operating Supplies Safety Camp
9 Operating Supplies Pool Operations
9 Operating Supplies Summer Theatre
9 Merchandise for Resale Concessions
9 Operating Supplies Fitness Classes
9 Operating Supplies Tennis
9 Operating Supplies Senior Center Programs
8 Operating Supplies Fitness Admin.
8 Operating Supplies Concessions
8 Operating Supplies Arts Center
8 Operating Supplies Fitness Center
7 Office Supplies Police Sworn
7 Operating Supplies Arts Center
6 Employee Award Organizational Services
6 Operating Supplies Pool Operations
5 Operating Supplies Summer Theatre
3 Operating Supplies Arts Center
3 Bank and Service Charges Customer Service
3 Operating Supplies July 4th Celebration
3 Events/Admission Fee Wine Club/Events
2 Licenses, Taxes, Fees Police Sworn
2 Licenses, Taxes, Fees Police Sworn
1 Conference/Training Utility Operations - General
1 Dues & Sub-Memberships Assessing
-12 Operating Supplies Summer Theatre
-13 Operating Supplies Summer Theatre
-14 Operating Supplies Fleet Operating
-24 Operating Supplies Summer Theatre
-118 Operating Supplies Police Sworn
-182 Operating Supplies Fleet Operating
-250 Tuition Reimbursement/School Police Sworn
-250 Tuition Reimbursement/School Police Sworn
-250 Tuition Reimbursement/School Police Sworn
-488 Conference/Training Administration
88,620 Report Total