HomeMy WebLinkAboutCity Council - 10/01/2024
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, OCTOBER 01, 2024 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 Amy Markle, 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. ATHLETIC PROGRAM TRENDS
Open Podium - Council Chamber (6:30) II. OPEN PODIUM
III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, OCTOBER 01, 2024 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 Amy Markle, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS AND PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 17, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2024
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE STATE GENERAL ELECTION
B. ADOPT RESOLUTION AND AUTHORIZE ENTRY INTO LABOR
CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) FOR EDEN PRAIRIE POLICE SERGEANTS
C. APPROVE STANDARD AGREEMENT FOR CONTRACT SNOW AND ICE MANAGEMENT SERVICES WITH EXCEL LAWN AND LANDSCAPE
D. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR STARING LAKE BRIDGE DESIGNS WITH HANSEN THORP PELLINEN OLSON, INC. (HTPO)
E. AWARD CONTRACT FOR VALLEY VIEW ROAD AND TRILLIUM CIRCLE RETAINING WALL TO BLAKEBOROUGH HARDSCAPES
CITY COUNCIL AGENDA October 01, 2024
Page 2
F. APPROVE CONTRACT FOR GOODS AND SERVICES TO PURCHASE GENESIS RESCUE TOOLS FROM CLAREY’S SAFETY EQUIPMENT
G. APPROVE PURCHASE OF BODY-WORN, SQUAD, AND INTERVIEW
ROOM CAMERAS FROM AXON
H. DECLARE PROPERTY AS ABANDONED
IX. PUBLIC HEARINGS AND MEETINGS
A. WUNDERLICH PROPERTIES ADDITION by TWP Architects. First reading of
Ordinance for PUD District Review with Waivers on 5.13 acres, Resolution for PUD Concept Plan Review on 5.13 acres.
B. COSTCO FUEL FACILITY EXPANSION by Costco Wholesale. First reading of Ordinance for Planned Unit Development (PUD) review with Waivers on 18 acres, Resolution for PUD Concept Plan Review on 18 acres.
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
UNAPPROVED WORKSHOP MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 17, 2024 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 Amy Markle, 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. ANNUAL SUSTAINABILITY UPDATE
Getschow introduced Sustainability Coordinator Jen Fierce. Fierce explained the Climate Action
Plan tracks community-wide energy, travel, and waste to calculate total greenhouse gas (GHG)
emissions. Travel includes vehicle miles traveled through the City by any driver, not just City
residents. Case noted the Council has no control over vehicles traveling through the City. Fierce
explained all cities are required to use the national protocol system for standardization. Nelson
asked if I-494 traffic is included in the calculation. Fierce confirmed I-494 traffic is included.
Fierce explained 61 percent of GHG emissions come from energy, 36 percent from travel, and
two percent from waste. The City has slightly higher emissions from natural gas compared to
electricity. Narayanan asked if the City’s electricity is produced from oil generators or nuclear
sources. Fierce answered it is dependent on the utility, Xcel Energy uses mainly nuclear.
Narayanan noted if Xcel Energy transitions to 100% clean energy, the emissions from electricity
would decrease to zero. Nelson asked if solar panels are included in the GHG emission
calculation. Fierce noted solar panel output is considered as the calculation utilizes electricity
bills.
Fierce displayed a chart of the City’s GHG emissions breakdown per category (energy, travel,
and waste) compared to surrounding cities. Even though two cities may have the same total
emissions output, their category makeup may be different. Cities must prioritize action based on
City Council Workshop Minutes September 17, 2024
Page 2
their individual emission breakdown. The City’s GHG emissions have decreased 30 percent
since 2007. The majority of this decrease is from electricity emissions, which have decreased 60
percent since 2007. Natural gas emissions are heavily weather dependent and have increased 17
percent since 2007. Travel emissions has decreased ten percent due to COVID, and waste
emissions have decreased 21 percent.
Fierce explained most of the reduction in electricity emissions is due to Xcel Energy
transitioning to cleaner energy sources including wind, solar, and nuclear. Today’s lighting and
appliances are more energy efficient than in 2007. Narayanan noted natural gas emissions could
never decrease to zero and asked if electricity emissions could be zero or negative. Fierce
confirmed it would be impressive but it could happen. Vehicle miles traveled through the City
have increased 15 percent from 2007 to 2019. There was a significant decrease in 2020, the City
is now back to 2007 levels. Narayanan noted as more houses are built in further west suburbs
like Chaska and Victoria, traffic on Highway 212 will increase. Fierce stated waste emissions are
the least specific to the City as this calculation uses Hennepin County data allocated by City
population.
Fierce displayed a chart showing the City’s emission reduction by category compared to other
Minnesota cities. Eden Prairie is relatively in the middle, with the strongest reduction coming
from residential electricity emissions. Case stated even if Cities do not prioritize reducing GHG
emissions, their emissions will decrease as utility providers shift to cleaner energy. Case noted
he’d like to know more regarding why electricity emissions have decreased significantly. Nelson
stated the City has been pushing developers and businesses to consider sustainable features for a
long time. Getschow stated staff and the Sustainability Commission have played a key role in
promoting clean energy programs and options. Residents have indicated they’re interested in
transitioning to clean energy in the Quality of Life survey.
Nelson noted Homeowners Associations can no longer disallow solar panels after recent changes
in the legislature. Narayanan asked what the return on investment is for installing solar panels.
Case noted it is dependent on the individual home. Ellis added there are more rebates available to
incentivize installation. Toomey asked how the Council can promote solar energy to residents
who assume its too expensive. Fierce explained the large amount of utility and federal tax credits
available, in addition to price decreases as technology advances.
City Council Workshop Minutes September 17, 2024
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Fierce stated the City is on track to meet climate action plan goals. Reductions in electricity
emissions and vehicle miles traveled are ahead of schedule. The City should focus efforts on
electrifying buildings, weatherizing buildings, reducing reliance on vehicle travel, and
supporting electric vehicles.
Fierce explained the Electrify Everything program was created in collaboration with surrounding
cities to educate residents about electrifying their homes. The City recently hosted the third
Going Electric Showcase to promote EVs. Case asked how many electric vehicles (EVs) are in
the City. Fierce confirmed 2.8 percent of vehicles in the City are fully electric or plug in hybrid.
The City received an Energy Efficiency and Conservation Block Grant (EECBG) through the
Department of Energy, which will be utilized to upgrade EV chargers at City Center. The City
received Bronze status for the Charging Smart program, which helps Cities enable EV adoption.
The City also received a Solar on Public Buildings grant to install solar panels on Fire Station
One. Fierce summarized recent City actions to promote sustainability including the Renewable
energy challenge, the Sustainable Building Standard, drop off and curbside recycling events, and
swap events featuring clothing, soccer gear, and garden tools.
II. FIREFIGHTER RELIEF ASSOCIATION BENEFIT
As a precursor to tonight’s open podium speaker, Gerber explained the Eden Prairie Firefighter
Relief Association (EPFRA) oversees the pension benefit component for duty crew firefighters.
Upon retirement, a firefighter can choose to elect a monthly benefit ($56 per year of service
received monthly) or a lump sum benefit ($12,400 per year of service received upon retirement).
The two benefit options have intermittently increased, historically both benefit options have not
increased in tandem. When the EPFRA increases the monthly benefit amount, retirees who have
elected the monthly benefit will receive the increase if they served at least 15 years.
Case noted he served on the EPFRA board for 15 years. The City is ultimately responsible to pay
out pensions if the EPFRA cannot. The monthly benefit leaves the EPFRA vulnerable to
uncertainty from the market and life expectancies, while the lump sum benefit limits risk. Gerber
explained the EPFRA is proposing a lump sum benefit increase to $15 thousand per year of
service, and detailed next steps for the proposed increase. The EPFRA’s goal is to take care of
retirees, while ensuring it can continue paying pensions into the future.
City Council Workshop Minutes September 17, 2024
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Open Podium - Council Chamber (6:30) III. OPEN PODIUM
a. DOUG ANDREWS – EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION (EPFRA) BENEFITS
Doug Andrews, 9125 Neill Lake Road, explained he was a duty crew
firefighter for 20 years. At the upcoming EPFRA annual meeting there will be
a vote to increase the lump sum benefit. The monthly benefit has not been
increased since 2009. The proposed lump sum benefit increase should be split
between the monthly and lump sum benefits. There was an actuarial study
performed on multiple increase options, none of which reviewed increasing
the monthly benefit.
Case thanked Andrews for his time and service. The Council would not weigh
in on the proposed lump sum benefit increase until after the EPFRA vote.
Case proposed discussing the EPFRA retirement benefits at a workshop
meeting prior to the Council vote.
IV. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 17, 2024 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 Amy Markle, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, fand 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
Mayor Case pointed out September 17, 2024 is National Voter Registration Day. Early
Voting starts on September 20, 2024. There is also an option to vote by mail. He encouraged folks to visit the City website for more information. III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT PARKS AND RECREATION 2024 SUMMER DONATIONS (Resolution No. 2024-074)
Markle explained the donations for this quarter are for the Art Center and Parks and Recreation special events, including the annual Safety Camp. The generous donations specific for the Art Center will be used to purchase supplies and
equipment for various programs, increasing the quality for participants. All donations for Parks and Recreation special events will be used to lower overall costs.
MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2024-04 accepting multiple third quarter 2024 donations to Parks and Recreation. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published. Motion carried 5-0.
CITY COUNCIL MINUTES September 17, 2024
Page 2
VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 3, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3, 2024 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the Council workshop held Tuesday, September 3, 2024, and the City Council
meeting held Tuesday, September 3, 2024, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
Freiberg asked if Consent Calendar Item L. Authorize Lease Agreement with Eden Prairie School District for use of Locker Room Space at Community Center is related to the hockey program. Markle confirmed the lease is related to the hockey program.
A. CLERK’S LIST
B. ADOPT RESOLUTION NO. 2024-075 AND AUTHORIZE ENTRY INTO LABOR CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS)
C. ADOPT RESOLUTION NO. 2024-076 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT
ROLL AND SETTING HEARING DATE
D. ADOPT RESOLUTION NO. 2024-077 APPROVING APPLICATION FOR
NOISE BARRIER PROGRAM AND COST SHARING WITH MINNESOTA DEPARTMENT OF TRANSIT
E. APPROVE GOLDEN TRIANGLE STATION ENCROACHMENT AGREEMENT
F. APPROVE TRAIL CONNECTION CONSTRUCTION OPERATION AND
MAINTENANCE AGREEMENT
G. APPROVE CHANGE ORDER FOR WATER METER INSTALLATION
CONTRACT WITH HYDROCORP
H. APPROVE CHANGE ORDER FOR WATER METER SUPPLY WITH METERING TECHNOLOGY SOLUTIONS
I. ACCEPT PROPOSALS AND APPROVE AGREEMENT FOR LANDSCAPING INSTALLATION AT TOWN CENTER PLACE WITH
CITY COUNCIL MINUTES September 17, 2024
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SOUTHVIEW DESIGN, INC.
J. APPROVE CONTRACT FOR PURCHASE OF STRENGTH MACHINES FOR EDEN PRAIRIE COMMUNITY CENTER WITH JOHNSON FITNESS
K. ACCEPT QUOTE AND AUTHORIZE CONTRACT FOR RESTORING MILLER PARK WETLANDS WITH LANDBRIDGE ECOLOGICAL
L. AUTHORIZE LEASE AGREEMENT WITH EDEN PRAIRIE SCHOOL DISTRICT FOR USE OF LOCKER ROOM SPACE AT COMMUNITY CENTER
M. DECLARE EQUIPMENT AS SURPLUS AND AUTHORIZE DISPOSAL
MOTION: Nelson moved, seconded by Narayanan, to approve Items A-M on the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS
A. 11609 LEONA ROAD REDEVELOPMENT by Kimley-Horn. First reading of Ordinance for Planned Unit Development District Review with Waivers on 3.44 acres, Resolution No. 2024-078 for PUD Concept Review on 3.44 acres.
Getschow explained Told Development Company is proposing to redevelop the
current Office Depot site at 11609 Leona Road. About 11,500 square feet of the existing building will be demolished to accommodate the business needs of a new commercial tenant, Planet Fitness. The remaining, remodeled building will be about 18,500 square feet. A new drive-thru Starbucks is proposed to be
constructed in the northwest corner of the site. There is potential for another
addition to the site that would require a future application. Getschow added the applicant is requesting approval of a Site Plan Review and Planned Unit Development (PUD) Amendment with waivers. The requested
waivers are for impervious surface coverage and front yard setback along Leona
Road for the new Starbucks building.
Klima pointed out that when the site was initially developed, there wasn’t the Shoreland Ordinance in place. Because it is in place now, the purpose is to memorialize the new conditions.
Gary Dreyer, representative of Told Development Company, showed an aerial image of the site and exterior views of the building. Once the most recent tenant vacated, Told cleaned it up. He showed a site plan of the proposed project, elevations for Planet Fitness, and elevations for Starbucks. Most of the façade of
the Office Depot will be retained. Told worked closely with Staff and Starbucks
to create a modern look.
CITY COUNCIL MINUTES September 17, 2024
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Mr. Dreyer noted there are a number of sustainability highlights for the project. There will be both above-ground and below-ground stormwater management efforts, improved pedestrian and bicycle connectivity, enhanced landscaping, and
EV charging stations.
Toomey asked why part of the building is being partially demolished rather than adding in Starbucks to the existing building. Mr. Dreyer explained it was difficult to find tenants interested in the space because of the depth of the building. The
demolition provides better parking for Planet Fitness and allows for the addition
of Starbucks. Toomey asked if the island in the parking lot off of Leona will be removed. Mr. Dreyer stated the island will be removed, and there will be a curbed sidewalk next
to Starbucks.
Toomey asked if the entrance from Leona will be widened. Mr. Dreyer stated the width will meet the City’s requirements of 24 feet.
Toomey pointed out there may be some congestion in the parking and driving
areas of the light. She asked if there will be a traffic study. Ellis confirmed a traffic study was completed. The study showed a queuing of 17 vehicles at peak hours. The driveway lane allows for 18 vehicles. The most recently installed Starbucks in Eden Prairie is 90 feet shorter than the proposed project. He shared
statistics for the drive lanes of the Starbucks buildings throughout the City.
Toomey asked if the nearby Caribou was considered in the traffic study. Ellis confirmed there was a visual study of the Caribou at peak hours. The maximum number of cars waiting was ten.
Case added the nature of the line means cars are leaving in intervals rather than all at once. Toomey stated traffic would be better if the Starbucks were in the other corner of
the parking lot.
Case noted there would only be 32 dedicated spots for Planet Fitness once the third building is added to the northeast corner. The new entity would only have around 30 spots. Klima stated Staff feels comfortable with the current and future
parking conditions. A future builder would need to size their building
appropriately to account for the available parking and real estate. Case asked if Staff has considered the type of building that could be added to the northeast corner. Klima confirmed Staff has considered potential buildings and
uses.
Mr. Dreyer added they look forward to continue working with Staff to
CITY COUNCIL MINUTES September 17, 2024
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accommodate an additional building. Freiberg asked if there is adequate two-way access near the site, referring a letter
he received from a constituent. Ellis pointed out the developer provided an
exhibit that shows two-way access would be maintained throughout the construction process. Ellis added there was a request for direct access in and out of the driveway used
by Caribou. The first phase of construction will require some repaving. During
that time, there will still be one-way access. There is a request to the developer for the area to be closed only as needed rather than throughout the entirety of the phase.
Nelson asked if solar panels have been considered. Mr. Dreyer stated they haven’t
considered solar panels. They deferred to the tenant for the decision. He noted the building may not be able to accommodate solar panels. Nelson asked if there will be bicycle parking. Mr. Dreyer confirmed there would
be bicycle parking.
Nelson asked if there would be some type of planting. Mr. Dreyer stated they haven’t reached that level of detail, but he would assume there would be landscaping or other plants.
Klima confirmed the landscaping plan includes flowers and flowering shrubs. As for the solar panels, the proposed project is the first commercial project the Sustainable Building Standard applies to. The Starbucks will need to meet the requirements for EV and solar panels. The same requirements do not apply to
Planet Fitness as it is an existing building.
No one wished to address the Council. MOTION: Toomey moved, seconded by Nelson, to close the Public Hearing.
Motion carried 5-0. MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2024-078 for a Planned Unit Development Amendment on 3.44 acres, approve the first reading of the Ordinance for a Planned Unit Development District Review
with waivers on 3.44 acres, direct Staff to prepare a Development Agreement
incorporating Staff and Commission recommendations and Council conditions, authorize the issuance of an early Land Alteration Permit at the request of the Developer subject to the conditions outlined in the permit, and authorize the issuance of an early Wrecking Permit at the request of the Developer subject to
the conditions outlined in the permit. Motion carried 5-0.
X. PAYMENT OF CLAIMS
CITY COUNCIL MINUTES September 17, 2024
Page 6
MOTION: Toomey moved, seconded by Narayanan, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan,
Nelson, Toomey and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
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 Getschow pointed out that October 5, 2024 is the Annual Citywide Open House. The weekend after that is Harvest to Halloween.
Case wished his wife a Happy Birthday. XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:36 p.m. Respectfully submitted,
________________________ Sara Aschenbeck, Administrative Support Specialist
Requested Action
Move to: Adopt a resolution approving the appointment of election judges for the November 5, 2024, State General Election. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before an election. Attachment
Resolution
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: October 1, 2024
DEPARTMENT/DIVISION: Office of the City Manager
David Teigland, City Clerk
ITEM DESCRIPTION:
Adopt Resolution Approving Appointment of
Election Judges for the State General Election
ITEM NO.:
VIII.A.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-___
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election.
BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons
have agreed to serve as election or alternate judges and are appointed for the State General Election to be held November 5, 2024. Amina Adeyemi James Allen Angela Althoff Robert Amell Londa Amundson Cheryl Anderson Janis Anderson Jill Anderson Judy Anderson Mark Anderson Meredith Anderson Michael Anderson Beverly Annunziato Craig Armstrong Tony Arndt Lisa Ashley Keith Attarian Blakelyn Bailey Nadi Bajda Betty Bajwa Natasha Barber Jaymin Baroda Elizabeth Baron Aarya Batchu Daniel Battcher Fred Baumer David Beach Lynnemarie Benz Rachel Benzine Kenneth Berg William Bergen Jessica Bergmann
Steven Berglund Ann Berne-Rannow Ileene Besselievre Jon Beusen Jennifer Bharucha Jean Biehl
Michael Biermaier Laura Bishop Judith Bissonett Linda Boggs
Charles Boline
Nancy Bollweg Ingrida Borggreve
Sharon Borine Prinna Boudreau
Stacey Bozanich Randall Bradley
John Brecount David Brennan
Eric Brooks Tyra Brosseau Sami Brouwer Tim Brown
Toweya Brown-Ochs Julie Brown-Price
William Buffington Julie Burns
Charlotte Butz John Butz
Carol Cansdale Karen Carl
Karen Carlson Eapen Chacko
Ruth Charchian Kelsey Chidley
Eric Christiansen Susan Clark
Tara Clawson Barbara Clay
Jan Cody Janet Coenen
Julaine Cole Nancy Conboy
John Conley William Corbett
Marilyn Corrigan Nancy Cozad
Ronald Cozad Ellen Crump Jonathan Culbertson Katharine Cullen
Pedro Curry Allison Curtis
Grace Cutting
Gene Dahlke Jayne Dakay Jean Daniels Kathy Dardick Sandra Davis Sara Davis Gail Dean Barbara Decker Christy DePasquale Timothy Diana Kate Dickerson Lynette Disrud Carolyn Dixon Bob Dover Lisa Doyle Margaret DuBord Sarah DuBord Michele Dunbar Tracy Dungan Joseph Dupont Daniel Dylla Michelle Eagan Joyce Edwards Janet Eian Robert Ellis Robert Emahiser Charlotte Emanoff Christina Factor Kelly Fager Diane Falkum Ryan Fick Thomas Fidler
Cheryl Fiore Rod Fisher Colleen Fitzgerald-Bunn Monica Focht John Forster
Pamela Fossum Timothy Fox Margaret Francazio Monica Frischkorn
Donnamae Fritz
Chrystal Gabriel Tamara Gambino
Carolyn Garry Raphaela Garton
Anita Geach Sung Gee
Nancy Geiger Garrett Getterz
Casey Getzloff Elizabeth Gherity Michelle Gherity Anita Gibson
Joseph Glenn John Goergen
Andrea Gorrilla Barbara Guth
Kristen Hall Chris Hallin
Kayla Hambek Bruce Hamel
Nichole Hamelbeck Gary Hammer
Patricia Hammer Patricia Hammond
Anisa Hashi Matthew Hansen
Johanna Hanson Sherry Harms
Najma Hassan Nolan Hasselbach
Jeanne Hauge Glenda Hawkins
Paul Hawkins Donald Hayden
Linda Hayen Lisa Heinecke
Michael Henle William Henry Garrett Hetchler Rosemarie Hilk
Mary Hoch Carol Hoff
Art Holtan
Heidi Horsch Jeffrey Houdek Robert Hudson Lori Hulstein Katherine Ingber Jennifer Iverson Kristi Jackson Phyllis Jackson Julia Jacoby Laura Jamar Meenakshi Jambulingam Katherine Janes Cathy Jelinek Carla Johnson Joel Johnson Joyce Johnson Kimberley Johnson Rachael Johnson Terri Johnson Therese Johnson Todd Kalk MacKenzie Kampa Judy Kammer Eric Kang Michael Kaselnak Caryn Katzung Debra Kehoe Tony Kelleran Robert Kitt, Jr. Timothy Knaeble Jodi Knight Toni Knorr Chad Koebnick Stacey Koehler
Fred Koppelman Cindy Kraemer Liliya Krast Lorraine Kretchman Jessica Kuenzli Prakash Kumar
Sudhir Kumar Karen Lahn Mary Lambert Carole Langehaug
Ali Lee-O’Halloran Sara Leigh
Amy Lesch Pat Leunig Richard Levesque Mary Lewis
Stephanie Liestman Nick Liftin
Brian Link Nancy Little
Rodney Loeffler Mary Lofstrom
Linda Lonn
Susan Lupo
Barbara Mace Jill Maczka
John Mallo Perdip Mand
John Maring Diane Martin Jennifer Martin Ruth Maydole
John McCulloch Patricia McCulloch
Leslie McDonald Barbara McGraw Marjorie McMurtrey Robin McPherson
Brad Meaney John Meier Rose Ann Meier Molly Menton Helen Meyers Linda Middendorf
Jean Miller Pragyna Mishra Patricia Moe Michael Moesenthin Michael Moriarity Gary Morrissette
Steve Mosow Sara Mulder Suzanne Murphy John Murray Pat Nalley Manual Natal Michael Natt Cheryl Nehl Donald Nelson Sarah Nelson Steven Nelson Amber Nevin Lorraine Nickels Sridhar Nivarty Leah Nordquist Candi O'Hara Mark Olsen Yomarie Olsen Deborah Olson Judy Olson Katharine Olson Sandra Olson Amy O'Neill Gregory Orne Nancy Orne Nasteexo Osman Joan Palmquist Kathleen Paulson Sandy Pawlyszyn Barbara Pederson Susan Pelletier
John Peters Sharon Peterson Megan Petkoff Kari Peterson Carol Pierce Mark Pincumbe Deanne Pixley
Marlene Pixley Matthew Plucker Cheryl Poling Glenn Prazere Lobo Mark Price Barbara Pries
Patricia Provencher Holly Rakocy Vandana Ramanathan Donald Ramler
Vivian Rank Tharun Rao
Lori Rau Cindy Ravn David Reilly Gerald Rekedal Sathyanarahyanan Rengaraj Krishnamurthy Cole Reps Paula Rheault Barbara Rightler
Lia Ringhausen Nancy Robertson
Gary Rodekuhr Shari Rogalski
Joanne Rogers Lisa Rogers
Nicholas Rogers Karen Rosenlund
Vickie Rudolph Kateri Ruiz
Renee Rushdy Michael Ruth
Thomas Ryan Paula Rylander
Brittany Samoylov Richard Samuelson
Julie Schindel Linda Schiltz
Matthew Schimmel Connie Schlundt
Tracey Schowalter Judith Schulte
Carter Schulze Colleen Schultz Marianne Seidenstricker Priya Senthilkumar
Vanita Shah David Sherman
Jennifer Shinners Nathan Sickels
Naveed Siddiqui
Lisa Sisinni Richard Skala Patrick Slator Carina Smith
Rachna Smith David Snyder
Anthony Staffenhagen Keely Stansberry Brad Starr Charles Stewart
Stieg Strand Amy Strezo
Susan Stiller Richard Stoffels
Erin Strot Lisa Stuart
Cindy Sundberg Jill Swanson
Missy Swanson Sarah Swanson
Kathleen Swart Roy Terwilliger
Cynthia Theisen Lynn Thom
Jordan Thunker Maia Torkildson Judith Truc Julie Tufford Blaine Turk Scott Turnbull Autumn Tysk Kathy Ulmer Patricia Vagnoni Pamela Vanek Harriett Veith Lisa Vessey Carolyn Vinup Haley Vinup Mark Voorhees Walter Wagner Rebecca Waller Philip Walter Huaping Wang William Warren Terese Waters-McCabe Francine Watson Lauren Weaver Mark Weber Mark H. Weber Mary Wendel Nancy Westby Anne Westman Brian Wilson Yana Wilson Anthony Witkowski Deborah Wondra Yuhan Zhang
BE IT FURTHER RESOLVED that the City Clerk is, with this, authorized to make any substitutions or additions as deemed necessary.
ADOPTED by the Eden Prairie City Council on this 1st day of October, 2024.
_________________________
Ronald A. Case, Mayor ATTEST:
_______________________
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 1, 2024
DEPARTMENT:
Alecia Rose, Administrative
Services and Human Resources Director
ITEM DESCRIPTION:
Resolution and Contract with Law Enforcement
Labor Services, Inc. for Eden Prairie Police Sergeants
ITEM NO.: VIII.B.
Requested Action
Move to: Adopt Resolution and authorize entry into labor contract with Law Enforcement Labor Services, Inc. (LELS) for Eden Prairie Police Sergeants. Synopsis
Negotiations occurred between the City and LELS in the summer of 2024. Through negotiations, a tentative agreement was reached and supported by staff in September 2024. Attachments
Resolution City of Eden Prairie and LELS Contract
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-__ A RESOLUTION APPROVING AND IMPLEMENTING THE 2025-2027 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND LAW
ENFORCEMENT LABOR SERVICES, INC. (LOCAL #500) WHEREAS, this is the first Labor Agreement between the City and Law Enforcement Labor Services Inc. (Local #500) (“LELS”) governing police sergeants; and
WHEREAS, the City and LELS participated in contract negotiations on a Labor Agreement governing the period from January 1, 2025 through December 31, 2027 and reached a tentative agreement in September 2024 which is attached hereto as Exhibit A; and
WHEREAS, the tentative 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 2025–2027 Labor Agreement between the City of Eden Prairie and
Law Enforcement Labor Services Inc. (Local #500) 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 agreement. ADOPTED by the Eden Prairie City Council this 1st day of October, 2024.
__________________________ Ronald A. Case, Mayor
ATTEST: __________________________
David Teigland, City Clerk
EXHIBIT A
2025–2027 Labor Agreement between City of Eden Prairie and Law Enforcement Labor Services, Inc. (Local #500)
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LABOR AGREEMENT
BETWEEN
THE CITY OF EDEN PRAIRIE
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL #500)
Effective January 1, 2025 through December 31, 2027
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INDEX
ARTICLE 1 PURPOSE OF AGREEMENT 2
ARTICLE 2 RECOGNITION 2
ARTICLE 3 UNION SECURITY 2
ARTICLE 4 EMPLOYER SECURITY 3
ARTICLE 5 EMPLOYER AUTHORITY 3
ARTICLE 6 EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 4
ARTICLE 7 DEFINITIONS 6
ARTICLE 8 SAVINGS CLAUSE 6
ARTICLE 9 WORK SCHEDULES 7
ARTICLE 10 OVERTIME 7
ARTICLE 11 CALL BACK AND COURT PAY 7
ARTICLE 12 DISCIPLINE 7
ARTICLE 13 SENIORITY 8
ARTICLE 14 PROBATIONARY PERIODS 8
ARTICLE 15 SAFETY 8
ARTICLE 16 INSURANCE 9
ARTICLE 17 UNIFORMS 9
ARTICLE 18 INJURY ON DUTY 9
ARTICLE 19 ANNUAL PAID LEAVE AND HOLIDAYS 9
ARTICLE 20 WAIVER 10
ARTICLE 21 DURATION 10
APPENDIX A WAGES 11
MOU WELLNESS DAYS 12
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ARTICLE 1 PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Eden Prairie hereinafter called the EMPLOYER, and
Law Enforcement Labor Services, Inc., hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain hours, wages, and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation
and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' agreement upon terms and conditions of employment for the
duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue
their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as
a pledge of this dedication.
ARTICLE 2 RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all EMPLOYEES in the job
classifications listed below who are public EMPLOYEES within the meaning of Minn. Stat. §179A.03,
Subdivision 14, excluding supervisory, confidential and all other EMPLOYEES:
All licensed essential Sergeants of the Eden Prairie Police Department who are public employees
within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential
employees.
ARTICLE 3 UNION SECURITY
In recognition of the Union as the exclusive representative the EMPLOYER shall:
3.1 The UNION will obtain written authorization from the EMPLOYEE for the deduction from wages of
union dues established by the UNION. The UNION will forward the written authorization from
EMPLOYEE to EMPLOYER.
3.2 The EMPLOYER will deduct the amount authorized by the EMPLOYEE and remit the amount to the
appropriate designated office for the UNION commencing no later than the first pay period of the
next month with proper employee authorization.
3.3 When an EMPLOYEE is in non-pay status for the entire pay period in which a deduction would be
taken, no withholding will be made to convert that pay period from future earnings. In the case of
an EMPLOYEE who is in non-pay status during only part of the pay period in which a deduction
would be taken, and the wages are not sufficient to cover the full withholding, no deductions shall
be made.
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3.4 EMPLOYEES may revoke their dues deductions authorization immediately and at any time by
contacting the UNION. The UNION will inform the EMPLOYER within 30 days of a change in dues
status.
3.5 The UNION may designate certain EMPLOYEES from the bargaining unit to act as stewards and shall
inform the EMPLOYER in writing of such choice.
3.6 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits,
orders, or judgments brought or issued against the City as a result of any action taken or not taken
by the City under the provisions of this Article.
3.7 The EMPLOYER will provide reasonable space on one EMPLOYEE bulletin board for union postings.
Union stewards will be responsible for maintaining the designated space. All postings shall comply
with City policies, including the policy on political neutrality. Postings shall first be approved by the
Police Chief.
ARTICLE 4 EMPLOYER SECURITY
4.1 The UNION agrees that during the life of this AGREEMENT it, nor any of the EMPLOYEES covered
by this Agreement, will not cause, encourage, participate in or support any strike, slow down, other
interruption of or interference with the normal functions of the EMPLOYER.
ARTICLE 5 EMPLOYER AUTHORITY
5.1. The UNION recognizes the right and authority of the EMPLOYER to operate and manage its affairs
in all respects in accordance with its management rights, existing and future laws, and regulations
of the appropriate authorities. The rights or authority which the EMPLOYER has not officially
abridged, delegated, or modified by this Agreement are retained by the EMPLOYER.
5.2 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational structure; to
select, direct and determine the number of personnel; to establish work schedules; and to perform
any inherent managerial function not specifically limited by this AGREEMENT.
5.3. The EMPLOYER'S failure to exercise any right, prerogative, or function hereby reserved to it, or the
EMPLOYER'S exercise of any such right, prerogative, or function in a particular way, shall not be
considered a waiver of the EMPLOYER'S right to exercise such right, prerogative, or function or
preclude it from exercising the same in some other way not in conflict with the express provisions
of this Agreement.
5.4 The parties recognize that all EMPLOYEES covered by this Agreement shall perform the services
and duties prescribed by the EMPLOYER and shall be governed by EMPLOYER rules, policies,
regulations, directives, and orders, provided that such rules, regulations, and orders are not
inconsistent with the provisions of this Agreement or state or federal laws. The EMPLOYER will
provide EMPLOYEES with notice of any proposed change in any policy applicable to the bargaining
unit members.
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ARTICLE 6 EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terms and conditions of this AGREEMENT.
6.2 UNION REPRESENTATIVES
The EMPLOYER will recognize representatives designated by the UNION as the grievance
representatives of the bargaining unit having the duties and responsibilities established by this
Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION
REPRESENTATIVES and of their successors when so designated.
6.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances
as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall
therefore be accomplished during normal working hours only when consistent with such
EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE
shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated
and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the
UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who
has determined that such absence is reasonable and would not be detrimental to the work
programs of the EMPLOYER. The designated supervisor will be notified when the steward or
grievant EMPLOYEE(S) returns to the workstation and resumes duties.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following
procedure:
Step 1.
An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT
shall, within fourteen (14) calendar days after such alleged violation has occurred, present such
grievance in writing to the EMPLOYEE’S Division Lieutenant. The Division Lieutenant will discuss
and will respond in writing to such Step 1 grievance within fourteen (14) calendar days after receipt.
A grievance not resolved in Step 1 and appealed to Step 2 shall set forth the nature of the grievance,
the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated,
and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the
Division Lieutenant’s final answer in Step 1. An answer of the EMPLOYER not provided within the
specified time limits constitutes a proper denial of the grievance on the date the answer was due.
Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall
be considered waived.
Step 2.
If appealed, the written grievance shall be presented by the UNION and discussed with the Police
Chief. The Police Chief shall give the UNION the EMPLOYER'S answer in writing within ten (10)
calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be
appealed to Step 3 within ten (10) calendar days following the Police Chief's final answer in Step 2.
An answer of the EMPLOYER not provided within the specified time limits constitutes a proper
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denial of the grievance on the date the answer was due. Any grievance not appealed in writing to
Step 3 by the UNION within ten (10) calendar days shall be considered waived.
Step 3.
A grievance unresolved in Step 2 and appealed in Step 3 may by mutual agreement by the
EMPLOYER and UNION be submitted to mediation through the Minnesota Bureau of Mediation
Services. Agreement to submit the grievance to mediation must be made within ten (10) calendar
days of the Step 2 response. If the parties do not agree to submit the grievance to mediation within
such 10-day period, the UNION may appeal the grievance to Step 4 within five (5) calendar days of
the date the parties could not reach agreement. If the parties agree to submit the grievance to
mediation and the grievance is not resolved by mediation, the UNION may appeal the grievance to
Step 4 within ten (10) calendar days of the date that mediation ended. An answer of the EMPLOYER
not provided within the specified time limits constitutes a proper denial of the grievance on the
date the answer was due. Any grievance not appealed in writing to Step 4 as provided by this
paragraph shall be considered waived.
Step 4.
A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject
to the provisions of the Public Employment Labor Relations Act or MN Statutes Section 626.892 if
the grieved matter is written disciplinary action, discharge, or termination.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from
the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only
the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have
no authority to make a decision on any other issue(s) not so submitted.
B. The arbitrator shall be without power to make a decision contrary to, or inconsistent with,
or modifying or varying in any way the application of laws, rules, or regulations having the
force and effect of law. The arbitrator's decision shall be submitted in writing within thirty
(30) days following the close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The decision shall be binding
on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's
interpretation or application of the terms of this AGREEMENT and to the facts of the
grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally
by the EMPLOYER and the UNION provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings the cost shall be shared
equally.
6.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be considered waived.
If a grievance is not appealed to the next step within the specified time limit or any agreed
extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the
EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the
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UNION may elect to treat the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual agreement of
the EMPLOYER and the UNION. The UNION may not skip any step without the written consent of
the EMPLOYER.
6.7 CHOICE OF REMEDY
If the grievance is not submitted to or not resolved by mediation in Step 3, and if the grievance
involves the suspension, demotion, or discharge of an EMPLOYEE who has completed the required
probationary period, the grievance may be appealed either to Step 4 of ARTICLE VI or a procedure
such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other
than Step 4 of ARTICLE VI, the grievance is not subject to the arbitration procedure as provided in
Step 4 of ARTICLE VI. The aggrieved EMPLOYEE shall indicate in writing which procedure is to be
utilized - Step 4of ARTICLE VI or another appeal procedure and shall sign a statement to the effect
that the choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent
appeal through Step 4 of ARTICLE VI.
ARTICLE 7 DEFINITIONS
7.1 UNION: Law Enforcement Labor Services, Inc.
7.2 EMPLOYER: The City of Eden Prairie.
7.3 UNION MEMBER: A member of Law Enforcement Labor Services, Inc.
7.4 EMPLOYEE: An employee whose job classification falls within the exclusively
recognized bargaining unit.
7.5 BASE PAY RATE: The EMPLOYEE'S hourly pay rate exclusive of longevity and any other
specialty pay allowance.
7.6 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess
of a regularly scheduled shift.
7.7 CALL BACK: Return of an EMPLOYEE to a specified work site to perform assigned duties
at the express and authorization of the EMPLOYER at a time other than an
assigned shift. An extension of or early report to an assigned shift is not a
call back.
ARTICLE 8 SAVINGS CLAUSE
8.1 This AGREEMENT is subject to the laws of the United States of America, the State of Minnesota,
and then ordinances of the City of Eden Prairie. In the event any provision of this AGREEMENT shall
be held to be contrary to law by a court of competent jurisdiction from whose final judgment or
decree no appeal has been taken within the time provided, such provision shall be voided. All other
provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be
renegotiated at the request of either party.
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ARTICLE 9 WORK SCHEDULES
9.1 The sole authority in work schedules, hours of employment, and changes thereto is the EMPLOYER.
9.2 Nothing contained in this, or any other Article shall be interpreted to be a guarantee of a minimum
or maximum of hours the EMPLOYER may assign EMPLOYEES.
ARTICLE 10 OVERTIME PAY
10.1 Hours worked in excess of an EMPLOYEE'S regular scheduled shift shall be paid at the overtime rate
of one and one-half (1.5) the EMPLOYEE'S regular rate of pay. Compensatory time shall not
accumulate beyond 120 hours, which equates to 80 hours of overtime (80 hours x 1.5 = 120 Comp
Hours). A limit of 120 hours of Compensatory time may be used to replace scheduled hours per
year. Employees may begin earning compensatory time starting with the first payroll of the
calendar year through the last full pay period in November. All remaining Compensatory time shall
be cashed out after the last full pay period in November each year.
10.2 Overtime will be distributed as equally as practicable.
10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded, or paid twice for the same hours worked.
ARTICLE 11 CALL BACK AND COURT PAY
11.1 An EMPLOYEE called back, as defined in Section 7.7, will be compensated for a minimum of two (2)
hours' pay at one and one-half (1½) times the EMPLOYEE'S base pay rate.
11.2 An EMPLOYEE required to be on call for court on a scheduled day off shall receive three (3) hours
of straight time pay. These hours cannot be converted to Compensatory Time.
11.3 An EMPLOYEE required to appear in court on a scheduled day off shall receive a minimum of three
(3) hours of overtime pay.
11.4 An EMPLOYEE is eligible for either pay defined in 11.2 or pay defined in 11.3 once per day and is
not eligible for both in the same day.
11.5 If an EMPLOYEE is required to appear in court but that appearance requirement is canceled after
12 p.m. the day prior, the employee shall submit for three hours of straight time pay
ARTICLE 12 DISCIPLINE
12.1 The EMPLOYER will discipline EMPLOYEES only for just cause. Discipline does not have to be
progressive. Discipline will be in one of the following forms:
Verbal Warning;
Written Warning;
Final Warning;
Suspension or demotion;
Discharge
All other employer actions will not be considered discipline.
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12.2 EMPLOYEES will receive a copy of such discipline and/or notice.
12.3 An EMPLOYEE will not be required to participate in an investigatory interview by the EMPLOYER
where the information gained from the interview could lead to the discipline of the EMPLOYEE
unless the EMPLOYEE upon his/her request is given the opportunity to have a third party or UNION
representation present at the interview to act as a witness for the EMPLOYEE.
12.4 Grievances relating to discipline shall be initiated by the UNION at Step 2 of the grievance article.
ARTICLE 13 SENIORITY
13.1 Seniority shall be defined as the length of continuous service in the job classification covered by
ARTICLE II - RECOGNITION. EMPLOYEES who are promoted from a job classification covered by this
AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority
calculated on their length of service under this AGREEMENT.
13.2 Seniority will be the determining criterion for layoffs.
13.3 Seniority will be the determining criterion for recall. Recall rights under this provision will continue
for twenty-four (24) months after layoff. Recalled EMPLOYEES shall have ten (10) working days
after notification of recall by registered mail at the EMPLOYEE'S last known address to report to
work or forfeit all recall rights.
ARTICLE 14 PROBATIONARY PERIODS
14.1 All newly hired or promoted EMPLOYEES shall serve a probationary period of six (6) consecutive
months of active work. Active work is defined as performing work for the EMPLOYER as a Sergeant
for six (6) consecutive months. Leaves of absence will extend this probationary period for the for
the same length as the leave. Any other extensions of the probationary period may not occur
without the written agreement of the EMPLOYEE, EMPLOYER, and UNION.
14.2 At any time during the probationary period a newly hired EMPLOYEE may be terminated at the sole
discretion of the EMLOYER without such demotion being a violation of this Agreement and such
termination is not a proper subject for Article VI, (Grievance Procedure).
14.2 At any time during the probationary period a newly promoted EMPLOYEE may be demoted at the
sole discretion of the EMLOYER without such demotion being a violation of this Agreement and
such termination is not a proper subject for Article VI, (Grievance Procedure).
ARTICLE 15 SAFETY
15.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to
cooperate in safety matters and to encourage EMPLOYEES to work in a safe manner.
15.2 Representatives of the bargaining unit may be selected to serve on the City Safety Committee
based on management approval.
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ARTICLE 16 INSURANCE
16.1 All eligible EMPLOYEES may participate in the EMPLOYER'S insurance program. An eligible
employee is defined as an individual who would be covered under the medical insurance coverage
provisions of both the City's personnel policies and insurance plan documents between the City
and insurer. For the term of this agreement, the EMPLOYER will contribute toward the premium
for medical, life, and Long-Term Disability insurance on the same basis and subject to the same
conditions and restrictions as the basic program for nonunion EMPLOYEES as it may be amended
from time to time.
ARTICLE 17 UNIFORMS
17.1 EMPLOYEES shall receive a uniform allowance of $1,200 per year. EMPLOYEES shall have the option
of receiving all cash, half cash/half kept on account, or all on account.
ARTICLE 18 INJURY ON DUTY
18.1 The EMPLOYER, through its Worker's Compensation insurance plan, will provide Worker's
Compensation benefits as allowed by law to all EMPLOYEES. In addition, the EMPLOYER will provide
for a period of up to ninety (90) days, the difference between the EMPLOYEE'S normal gross wages
and the worker's compensation benefit. The first three (3) days of absence to be deducted from
the EMPLOYEE'S PTO leave.
ARTICLE 19 ANNUAL PAID LEAVE AND HOLIDAYS
19.1 Employees will participate in the City's leave policies on the same basis as the general non-union
employee group.
19.2. Patrol Sergeants do not observe the City holiday schedule. Instead, 80 hours of holiday time is
reflected in the reduced scheduled hours. Sergeants assigned to work on the following City
observed holidays will be compensated at time and a half for no more than one shift per holiday
(these hours may not be converted to Compensatory time): Martin Luther King Day, President's
Day, Memorial Day, Juneteenth, Labor Day, Veteran's Day, and New Year's Eve (actual day).
Sergeants who work on New Year's Day, July 4, Thanksgiving, Christmas Eve, or Christmas earn
double time for no more than one shift per holiday. Sergeants with this schedule receive 24 hours
of Floating Holiday time annually. Floating Holiday time must be taken at minimum 8-hour
increments and will be forfeited after the last full pay period in November each year. Holiday time
is not eligible to be converted to Compensatory time.
Office Sergeants observe the City holiday schedule. Sergeants with this schedule receive 8 hours
of Floating Holiday time annually. Floating Holiday time must be taken at minimum 8-hour
increments and will be forfeited after the last full pay period in November each year. Holiday time
is not eligible to be converted to Compensatory time.
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ARTICLE 20 WAIVER
20.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms
and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT,
are hereby superseded.
20.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT,
each had the unlimited right and opportunity to make demands and proposals with respect to any
terms or conditions of employment not removed by law from bargaining. All agreements and
understandings arrived at by the parties are set forth in writing in this AGREEMENT for the
stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and
unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of
employment referred to or covered in this AGREEMENT, even though such terms or conditions may
not have been within the knowledge or contemplation of either or both parties at the time this
contract was negotiated or executed.
ARTICLE 21 DURATION
Upon its approval and implementation by the City Council of the City of Eden Prairie, this AGREEMENT and
all appendices shall be effective as of January 1, 2025 and shall remain in full force and effect until
December 31, 2027.
FOR THE CITY OF EDEN PRAIRIE: FOR LAW ENFORCEMENT LABOR SERVICES, INC.:
____________________________________
Ron Case, Mayor
___________________________________ _______________________________________
Rick Getschow, City Manager Robin Roeser, Business Agent
____________________________________ _______________________________________
Alecia Rose, Administrative Services Matthew O’Rourke, Steward
and Human Resources Director
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APPENDIX A
WAGE SCHEDULE
2025
Step 1 $63.03
Step 2 $64.55
Step 3 $66.12
Step 4 $68.10
In 2026 and 2027 the UNION and EMPLOYER agree to negotiate wages only and the UNION shall inform
the Bureau of Mediation Services of intent to negotiate the wage opener in 2025 and 2026.
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Memorandum of Understanding between
City of Eden Prairie
and
Law Enforcement Labor Services (Local #500)
To assist sergeants in the reduction of the accumulation of stress related to the essential functions of
their job, EMPLOYEES shall be provided two (2) shifts off every calendar year pursuant to the following
conditions:
1. The EMPLOYEE emails their respective Lieutenant prior to the shift being requested off.
1. The request must be approved by the Lieutenant.
2. Within 4 weeks of the shift taken off, the EMPLOYEE must meet with a licensed therapist.
This can be either with a Check Up from the Neck Up provider or one of the EMPLOYEE’s
choosing.
a If using a Check Up from the Neck Up provider, EMPLOYER will pay for the cost of the
appointment.
i If the appointment is during work hours, either virtually or in person at the
Police Department, and approved by the Supervisor, EMPLOYEE will not be
required to use time off to attend the appointment.
ii If the appointment is outside of work hours EMPLOYEE will not be
compensated for attending the appointment.
b If EMPLOYEE is using their own provider, the cost for the appointment will be the
sole responsibility of the EMPLOYEE. EMPLOYER will not compensate EMPLOYEES
using their own provider for their time to attend the appointment.
c This meeting will not be considered a fit for duty evaluation.
d This meeting does not replace the annual Check Up from the Neck Up session.
3. EMPLOYER must receive a note from the provider confirming they met with the EMPLOYEE.
4. If EMPLOYER does not receive the note within 4 weeks of the shift taken off, the EMPLOYER
shall deduct the appropriate amount of PTO from the EMPLOYEE’s bank and they will forfeit
one of the shifts off per year for that calendar year.
5. In the event #6 occurs, it is not a grievable action per Article VI.
This pilot program shall have a sunset date of December 31, 2027.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 1, 2024
DEPARTMENT/DIVISION:
Administration Rick Clark, Facilities
ITEM DESCRIPTION:
Snow and Ice Management Services
ITEM NO.:
VIII.C.
Motion
Move to: Approve the Standard Agreement for Contract Services with Excel Lawn & Landscape for Snow and Ice Management Services for $115,000 Synopsis Staff recommends entering into a Standard Agreement for Contracted Services with Excel Lawn & Landscape for Snow and Ice Management Services at our City Center and Fire Station 1
locations. This is a seasonal contract for complete services of removal of snow & deicing for the
2024/2025 season. Background
Snow and Ice Management RFP was sent to 2 contractors with 2 contractors submitting. The recommended contractor is the lowest bidder, has worked with the city previously and shares the
City’s initiative of salt reduction while maintaining a high level of service. The contractor also participates in Minnesota Pollution Control Agency’s environmental certifications and Smart Salt trainings demonstrating a focus on Sustainability via decreasing salt usage and management. Bid Summary and Recommendation The summary of the submitted is as follows:
Service Description Excel Lawn & Landscape Groom and Bloom 2024/2025 Season $115,000 $130,000
Attachment
Standard Agreement for Contract Services with Excel Lawn & Landscape
(rev. 6/2024)
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 1st day of October, 2024, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Excel Lawn & Landscape LLC., a Minnesota Corporation (hereinafter "Contractor") whose business address is 3615 Elmwood Place Minnetonka, 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 Snow and Ice Management Services 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 November 1, 2024, and ending on April 16, 2025.
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 (rev. 6/2024) Page 2 of 12
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 for work 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. By making the claim for payment, the person making the claim is declaring that the 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 (rev. 6/2024) Page 3 of 12
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 (rev. 6/2024) Page 4 of 12
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 policies 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 (rev. 6/2024) Page 5 of 12
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 (rev. 6/2024) Page 6 of 12
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 (rev. 6/2024) Page 7 of 12
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 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 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 (rev. 6/2024) Page 8 of 12
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 (rev. 6/2024) Page 9 of 12
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. In accordance with Minn. Stat. § 16C.05, subd. 5, 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. This provision will survive the completion or termination 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with
Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 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 MGDPA 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 MGDPA compliance language. These obligations will survive the completion or termination of the Agreement.
Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 12
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
CONTRACTOR
By: ________________________________
Its: _______________________________
Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 12
EXHIBIT A Quote/Proposal/Scope of Work
Standard Agreement for Contract Services (rev. 6/2024) Page 12 of 12
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 1, 2024
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Professional Services Agreement with HTPO for the Staring Lake Trail Bridge Replacement Project
ITEM NO.:
VIII.D.
Motion Move to: Approve the Standard Agreement for Professional Services with HTPO for design and construction documents for the Staring Lake Bridge Replacement Project at a
cost not to exceed $40,500.00. Synopsis
The bridges on the loop trail around Staring Lake have been scheduled for replacement for a number of years in order to provide a wider clearance for snow removal as well as upgrading the aging structures to reduce long term maintenance. Staff is requesting to have HTPO assist with
designing the new bridges and lead the permitting process that will be required from the watershed district. Recommendation
The proposal from HTPO is in line with other projects they have recently completed and staff recommends approval of this contract.
Attachment
Standard Agreement for Professional Services
2017 06 01
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 1st day of October, 2024, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road,
Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation
(hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN
55344.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this Agreement is to set forth the terms and conditions for the provision of professional services
by Consultant for Staring Lake Trail Bridge Replacement Project Design 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 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 October 1, 2024 through the
completion of the work, 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 $40,500.00 for the services as described in
Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not
pay additional compensation for services that do not have prior written authorization.
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b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by
the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information,
interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant shall verify
all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such
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documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of
the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when
authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that 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.
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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 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. 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
Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
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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.
d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for
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loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s
right to enforce the terms of Consultant’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
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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 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
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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 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
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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 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.
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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
By: Its:
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Exhibit A
Scope of Services 1. EXISTING CONDITIONS SURVEY We will prepare a topography survey for design purposes to include: a. Topographic survey of each location including 100’ of trail extending each
direction from the bridge and features including structures, ground surfaces
(bituminous, concrete, gravel, grass, etc.), significant trees, fences, signs, poles, exposed utility structures, and other fixed objects within the survey limits. b. Survey will include a cross section of the creek ~20’ upstream and downstream of each bridge.
c. Facilitate and complete a Gopher State One Call utility for maps and incorporate
any utility maps/plans provided under the GSOC locate request. It is assumed there are no utilities within the proposed construction areas. ASSUMPTIONS
Deliverable of a signed survey is not included.
Field survey does not include locating property lines or monuments. City will provide easement documentation, if needed. Preparation of Temporary Construction Easements and Permanent Easements is not included.
The City will be responsible for obtaining any temporary access agreements from
Hennepin Technical College, if required. Hiring a private utility locator is not required, and therefore not included in our proposal. Locating underground utilities will not include pot-holing or other means such as
ground penetrating equipment.
2. PRELIMINARY AND FINAL DESIGN a. One (1) site visit with City staff to review existing conditions. b. Preliminary plan preparation for removals, staging and site access, and
construction including site layout and grading, erosion and sediment control, and
construction details. c. Coordination and communication with Riley Purgatory Bluff Creek Watershed District to determine permitting requirements. Includes analysis of creek cross section at proposed abutments to ensure no floodplain impacts.
d. Up to two (2) meetings with City staff.
e. Final construction documents and specifications for contractor bidding. f. Final engineers estimate. g. Includes subconsultant fee for SRC’s structural design of bridge abutments and footings, with an agreement for HTPO to provide CAD drafting services to
support their design task.
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ASSUMPTIONS We assume one round of City review comments at 60% and 95% submittal
milestones.
Geotechnical services will be by others under a separate contract with the City, as needed for structural design. The bridges at the creek crossings will be prefabricated steel with a standard design. We assume custom bridge profiles will not be necessary.
MPCA stormwater permit and a SWPPP will not be required (less than one acre
of disturbance is assumed). Stormwater treatment will not be required. Wetland delineation will be by others under a separate contract with the City. Additionally, a wetland buffer plan will not be required.
As stated above, we are not anticipating any floodplain impacts and therefore a
floodplain mitigation plan will not be required. We do anticipate submitting a permit application to the Riley Purgatory Bluff Creek Watershed District for Rules B, C, D, F, and G based on the assumption the abutments will be fully replaced and the potential for creek & floodplain impacts
due to construction that will require improvements to slope stability.
Any required permit applications fees will be paid directly by the City. If directed by the City, we will provide a separate proposal for construction phase services.
3. BID ADMINISTRATION Includes the following tasks after completion of construction documents: a. Plan distribution via QuestCDN. b. An on-site pre-bid meeting with contractors to allow review of access and staging requirements.
c. Answering bidder’s questions.
d. Review of bids and tabulation. e. Letter of recommendation for award.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 1, 2024
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #22834
Award Contract for the Valley View and Trillium Circle Retaining Wall to Blakeborough Hardscapes
ITEM NO.:
VIII.E.
Requested Action
Move to: Award Contract for the Valley View Rd and Trillium Circle Retaining Wall to Blakeborough Hardscapes in the amount of $83,575.00. Synopsis
The south side of Valley View Rd between Bittersweet Drive and Trillium Circle contains a wooden retaining wall that has reached the end of its useful life (see attached photos). This project will replace the approximately 1500 square foot wooden wall with a concrete large block retaining wall in the same location (see attached photo) similar to previous wooden retaining
wall replacements. The concrete walls will be stained, and a new fence installed on top. Financial Implications
The contract has a cost of $83,575.00. The project funding is from the Annual ROW and Maintenance capital improvement plan project. It is anticipated that City crews will complete the removals of trees and the existing wall and then restoration including the fence on top of the wall once the wall is complete.
Attachments
• Construction Contract
• Photos of existing wall and proposed wall example
(rev. 6/2024) Construction Contract This Contract (“Contract”) is made on the _1st____day of___October__, 2024____, between the
City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and _Blakeborough Hardscapes, LLC_, a Minnesota Company
(hereinafter "Contractor") whose business address is 24375 Edenvale Trail Elko, MN 55020. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for the Valley View Road and Trillium Circle Retaining Wall hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A (Request for Quote and Wall
Plan Documents). Any general or specific conditions, terms, agreements, contractor or
industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and,
accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract
shall be commenced immediately after execution of this Contract. The Work shall be
completed by November 27, 2024. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $83,575.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Construction Contract (rev. 6/2024) Page 2 of 14 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an
itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance
with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the
City’s project number and a progress summary showing the original (or amended)
amount of the contract, current billing, past payments and unexpended balance of the
contract. Each invoice shall be accompanied by general lien waiver and further lien
waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. By making the claim for payment, the person making the claim is declaring
that the account, claim, or demand is just and correct and that no part of it has been
paid. c. Final Payment. Contractor’s request for final payment shall be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed,
and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92
relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract (rev. 6/2024) Page 3 of 14 6. Pr oject Manager and Staffing. The Contractor shall designate a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All
goods and work not conforming to these requirements shall be considered defective. Goods
shall be subject to inspection and testing by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within
the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S
LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties.
Standard Construction Contract (rev. 6/2024) Page 4 of 14 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.;
all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof;
and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to
the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
Standard Construction Contract (rev. 6/2024) Page 5 of 14 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in
connection with such abandonment, failure or refusal, and non-payment of claims wherein the
City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable
attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds . The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract (rev. 6/2024) Page 6 of 14 shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Contractor fails within that time to pay the
subcontractor any undisputed amount for which the Contractor has received payment by the
City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of
1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the Contractor
shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing
the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has
obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If
Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from
each additional subcontractor and motor carrier with which it has a direct contractual
relationship and shall submit to the City a supplemental verification confirming the
subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days
of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors
and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false
statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
Standard Construction Contract (rev. 6/2024) Page 7 of 14 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
Standard Construction Contract (rev. 6/2024) Page 8 of 14 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy,
shall name the “City of Eden Prairie” as an additional insured including products and
completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies
shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or
non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
Standard Construction Contract (rev. 6/2024) Page 9 of 14 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Contract. City will indemnify and hold Contractor harmless from and against any loss
for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the
Standard Construction Contract (rev. 6/2024) Page 10 of 14 services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of
this Contract is without liability to the other, and the party using the Information agrees to
defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating 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 legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement
resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Contract. The violation
of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
Standard Construction Contract (rev. 6/2024) Page 11 of 14 termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil
Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of
receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
Standard Construction Contract (rev. 6/2024) Page 12 of 14 35. Rights and Remedies. The duties and obligations imposed by this Contract and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or other
parties relevant to this Contract are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective
date of this Contract. This provision will survive the completion or termination of this
Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with
Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Contractor to perform
any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7,
which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above.
Standard Construction Contract (rev. 6/2024) Page 13 of 14 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________
Standard Construction Contract (rev. 6/2024) Page 14 of 14 EXHIBIT A
Pro posal/Scope of Work
1/2 QUOTE FORM I.C . 22834 The undersigned has examined and understands the attached specifications and hereby proposes to furnish all equipment and materials required for the Valley View Road (Trillium Circle) Retaining Wall Reconstruction in accordance with said specifications at the unit price listed below: Item No. Item Unit Quantity Estimate Unit Price Amount 1 Retaining Wall Design LS 1 2 Mobilization LS 1 3 Precast Modular Block Retaining Wall * LS 1 4 Traffic Control LS 1 TOTAL * Estimated Quantity of retaining wall block is 1300 SF. This can be used for estimating purposes, but ultimately the design will produce a quantity of block required.
2/2 QUOTE FORM I.C. 22834 The undersigned declares that he/she has the proper equipment to perform the work as specified herein and further agrees that failure to provide such equipment may be grounds for cancellation of this contract. FIRM Address Authorized Signature City State Zip ____________________________________ ____________________________________ Title Telephone No.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
BID PLANS FOR:
VALLEY VIEW ROAD (TRILLIUM CIRCLE) RETAINING WALL RECONSTRUCTION
CITY PROJECT NO. 22834
GOVERNING SPECIFICATIONS
THE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION
"STANDARD SPECIFICATIONS FOR CONSTRUCTION" AND THE MOST RECENT
EDITION OF THE CITY OF EDEN PRAIRIE'S "STANDARD SPECIFICATIONS FOR
CONSTRUCTION" SHALL GOVERN.
ALL TRAFFIC CONTROL DEVICES SHALL CONFORM AND BE INSTALLED IN
ACCORDANCE TO THE "MINNESOTA MANUAL ON UNIFORM TRAFFIC
CONTROL DEVICES" (MN MUTCD) AND PART VI. "FIELD MANUAL FOR
TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS".
INDEX
PROJECT AREAS =
THIS PLAN AND/OR SPECIFICATIONS WAS PREPARED SPECIFICALLY FOR THISPROJECT, AND ANY RE-USE OF DETAILS OR SPECIFICATIONS ON OTHERPROJECTS IS NOT INTENDED OR AUTHORIZED BY THE DESIGNER. LIABILITYFOR ANY RE-USE ON OTHER PROJECTS IS THE RESPONSIBILITY OF THEPERSON, AGENCY, OR CORPORATION USING THIS PLAN OR SPECIFICATIONDATA FROM THIS PROJECT.
PROJECT LOCATIONCOUNTY: HENNEPINDISTRICT: METRO
REVISIONS
REV NO.DATE REVISION
NTS
CSAH 61SheetNo.Sheet Name
1 COVER SHEET
2 EROSION CONTROL & GENERAL NOTES, SEQ & DETAILS
3 RETAINING WALL EXISTING CONDITIONS AND REMOVALS
4 PROPOSED RETAINING WALL PLANS
5 RETAINING WALL DETAILS SHEET
SHEET NO. 1 OF 5 SHEETS
Call before you dig.
Know what's below.
THIS PLAN CONTAINS 5 SHEETS
THIS IS A 11X17 SET OF PLANS
8080 MITCHELL ROAD, EDEN PRAIRIE, MNPHONE: (952) 949-8300
THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY
LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO
GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE
COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA."
EROSION CONTROL & GENERAL NOTES,SEQ & DETAILS
Call before you dig.
Know what's below.
2
EROSION CONTROL NOTES
1. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF EDEN PRAIRIE SPECIFICATIONSAND PERMIT REQUIREMENTS.2. CONTRACTOR SHALL HAVE ALL UNDERGROUND PUBLIC AND PRIVATE UTILITIES LOCATED PRIOR TOCONSTRUCTION, AND COORDINATE WITH UTILITIES IF RELOCATION IS NECESSARY.3. ALL DISTURBED AREAS ARE TO RECEIVE 6" OF TOPSOIL, SEED, FERTILIZER, MULCH AND WATER UNTIL AHEALTHY STAND OF GRASS IS ESTABLISHED. CONTRACTOR SHALL APPLY EROSION CONTROL BLANKETTO ALL SLOPES 3H:1V OR STEEPER. SALVAGED TOPSOIL SHALL BE FREE OF ROCKS AND DEBRIS ANDANY GRASS CLUMPS. IMPORTED TOPSOIL SHALL BE ORGANIC TOPSOIL BORROW PER MnDOT 3877.2G.4. ALL CUT OR FILL SLOPES SHALL BE 3:1 OR FLATTER UNLESS OTHERWISE NOTED.5. IF ANY EXISTING STRUCTURES TO REMAIN ARE DAMAGED DURING CONSTRUCTION IT SHALL BE THECONTRACTORS RESPONSIBILITY TO REPAIR AND/OR REPLACE THE EXISTING STRUCTURE AS NECESSARYTO RETURN IT TO EXISTING CONDITIONS OR BETTER.6. ALL TEMPORARY EROSION AND SEDIMENT CONTROL BMPS MUST BE MAINTAINED UNTIL COMPLETION OFCONSTRUCTION AND VEGETATION IS ESTABLISHED SUFFICIENTLY TO ENSURE STABILITY OF THE SITE, ASDETERMINED BY THE CITY.7. THE CONTRACTOR MUST, AT A MINIMUM, INSPECT, MAINTAIN AND REPAIR ALL DISTURBED SURFACESAND ALL EROSION AND SEDIMENT CONTROL FACILITIES AND SOIL STABILIZATION MEASURES EVERY DAYWORK IS PERFORMED ON THE SITE AND AT LEAST WEEKLY UNTIL LAND-DISTURBING ACTIVITY HASCEASED. THEREAFTER, THE CONTRACTOR MUST PERFORM THESE RESPONSIBILITIES AT LEAST WEEKLYUNTIL VEGETATIVE COVER IS ESTABLISHED.8. ALL DISTURBED GROUND PLANNED TO BE LEFT INACTIVE FOR FOURTEEN (14) OR MORE DAYS SHALL BESTABILIZED BY SEEDING OR SODDING WITHIN ONE (1) BUSINESS DAY.9. DISTURBED AREAS SHALL BE HYDRO-SEEDED (MNDOT 2575.3 B.4) AS FOLLOWS:A. MNDOT SEED MIX 25-151B. HYDRAULIC MATRIX MULCH (MNDOT 3884.2 B.2)12. ON SLOPES 3:1 OR GREATER MAINTAIN SHEET FLOW AND MINIMIZE RILLS AND/OR GULLIES, SLOPELENGTHS CAN NOT BE GREATER THAN 75 FEET -- UTILIZE EROSION CONTROL BLANKETS.13. ALL STORM DRAINS AND INLETS MUST BE PROTECTED UNTIL ALL SOURCES OF POTENTIAL DISCHARGEARE STABILIZED.14. TEMPORARY SOIL STOCKPILES MUST HAVE EFFECTIVE SEDIMENT CONTROL AND CAN NOT BE PLACED INSURFACE WATERS OR STORM WATER CONVEYANCE SYSTEMS. TEMPORARY STOCKPILES WITHOUTSIGNIFICANT AMOUNT OF SILT, CLAY, OR ORGANIC COMPOUNDS ARE EXEMPT EX: CLEAN AGGREGATESTOCK PILES, DEMOLITION CONCRETE STOCKPILES, SAND STOCKPILES.15. SEDIMENT LADEN WATER MUST BE DISCHARGED TO A SEDIMENTATION BASIN WHENEVER POSSIBLE. IFNOT POSSIBLE, IT MUST BE TREATED WITH THE APPROPRIATE BMP'S.16. SOLID WASTE MUST BE DISPOSED OF PROPERLY AND MUST COMPLY WITH MPCA DISPOSALREQUIREMENTS.17. EXTERNAL WASHING OF CONSTRUCTION VEHICLES MUST BE LIMITED TO A DEFINED AREA OF THE SITE.RUNOFF MUST BE PROPERLY CONTAINED.18. NO ENGINE DEGREASING IS ALLOWED ON SITE.19. INSPECTIONSA. INITIAL INSPECTION FOLLOWING SEDIMENT CONTROL BMP INSTALLATION BY CITYREPRESENTATIVE IS REQUIRED.B. EXPOSED SOIL AREAS: ONCE EVERY 7 DAYS AND WITHIN 24 HOURS FOLLOWING A 0.5" OVER 24HOUR RAIN EVENT.C. STABILIZED AREAS: ONCE EVERY 30 DAYSD. FROZEN GROUND: AS SOON AS RUNOFF OCCURS OR PRIOR TO RESUMING CONSTRUCTION.21. MINIMUM MAINTENANCEA. SEDIMENT CONTROL BMPs TO BE REPAIRED, REPLACED, SUPPLEMENTED WHEN NONFUNCTIONAL,OR 1/3 FULL; WITHIN 24 HOURSB. CONSTRUCTION SITE EXITS INSPECTED, TRACKED SEDIMENT REMOVED WITH 24 HOURS.C. EROSION INSPECTION RESULTS FOR ALL EVENTS GREATER THAN 1/2" IN 24 HOURS TO BEREVIEWED BY CITY DURING PROJECT INSPECTIONS.22. A CONCRETE WASHOUT AREA MUST BE PROVIDED.23. FINAL STABILIZATIONA. FINAL STABILIZATION REQUIRES THAT ALL SOIL DISTURBING ACTIVITIES HAVE BEEN COMPLETEDAND THAT DISTURBED AREAS ARE STABILIZED BY A UNIFORM PERENNIAL VEGETATIVE COVERWITH 90% OF THE EXPECTED FINAL DENSITY, AND THAT ALL PERMANENT PAVEMENTS HAVE BEENINSTALLED. ALL TEMPORARY BMP'S SHALL BE REMOVED, DITCHES STABILIZED, AND SEDIMENTSHALL BE REMOVED FROM PERMANENT CONVEYANCES AND SEDIMENTATION BASINS.24. SOIL SURFACES COMPACTED DURING CONSTRUCTION AND REMAINING PERVIOUS UPON COMPLETION OFCONSTRUCTION MUST BE DECOMPACTED THROUGH SOIL AMENDMENT AND/OR RIPPING TO A DEPTH OF18" WHILE TAKING CARE TO AVOID UTILITIES, TREE ROOTS AND OTHER EXISTING VEGETATION PRIOR TOFINAL REVEGETATION OR OTHER STABILIZATION.25. ALL NONFUNCTIONAL BMPS SHALL BE REPAIRED, REPLACED OR SUPPLEMENTED WITHIN 24 HOURS.26. DISCHARGE OF SEDIMENT-LADEN OR POLLUTED WATER FROM THE PROJECT IS PROHIBITED. PRIOR TODISCHARGE, WATER MUST FIRST BE FILTERED OR OTHERWISE TREATED TO REMOVE SEDIMENT ANDPOLLUTANTS. DISCHARGES MUST NOT CAUSES EROSION OR SCOUR, RESULT IN A NUISANCE CONDITION,OR CAUSE NEGATIVE IMPACTS TO ADJACENT PROPERTIES OR DOWNSTREAM WATERWAYS OR WATERRESOURCES.27. HAZARDOUS MATERIALS SHALL BE PROPERLY CONTAINED TO PREVENT SPILLS/LEAKS AND SHALL HAVERESTRICTED ACCESS.28. SPILL PREVENTION AND RESPONSE MATERIALS SHALL BE AVAILABLE ON-HAND.SPILLS/LEAKS/DISCHARGES SHALL BE CONTAINED, DOCUMENTED, REPORTED AND RECOVERED INACCORDANCE WITH ALL APPLICABLE LAWS AND LOCAL/STATE REQUIREMENTS.29. METHODS FOR THE STORAGE/DISPOSAL OF LIQUID WASHOUT AND LIQUID WASTES ARE ALSO REQUIRED.
1. REMOVAL OF TREES AND LANDSCAPING WITHIN WORKING AREA TO BE DONE BYOTHERS. CONTRACTOR SHALL PROTECT EXISTING TREES AND FEATURES TOREMAIN, WITH APPROVED METHODS AND MATERIALS. ALL SITE FEATURESDAMAGED BY CONTRACTOR THAT ARE NOT DESIGNATED FOR REMOVAL SHALL BEREPAIRED/REPLACED BY CONTRACTOR AT THEIR OWN EXPENSE.
2. CONTRACTOR SHALL FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTINGUTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF SITE GRADING.
3. CONTRACTOR TO NOTIFY THE ENGINEER IMMEDIATELY OF ANY DISCREPANCIESOR VARIATIONS FROM THE PLANS.
4. UTILITIES NOT MARKED FOR REMOVAL SHALL BE PROTECTED FROM DAMAGEDURING CONSTRUCTION.
5. SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROMAERIAL PHOTOGRAPHY & GIS DATA. ALL LOCATIONS OF EXISTING FEATURESSHALL BE VERIFIED PRIOR TO CONSTRUCTION.
6. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/ORELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ONRECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE,MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ONAS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THEAPPROPRIATE UTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATIONTO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THERESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIESWHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS.
GENERAL NOTES
SHEET
OF
DRAWN BY
5
CITY PROJECT NO.
22834
DESIGNED BY
CHECKED BY
NO DATE BY CKD APPR REVISION
JPA
MLL
JPA CITY OF EDEN PRAIRIE
VALLEY VIEW ROAD (TRILLIUM CIRCLE) RETAINING WALL RECONSTRUCTION
G:\Engineering\IC#s\1-ACTIVE Folders\22834 2023 Retaining Wall Proj\06 Design\CAD\2 EC Notes, Details & SEQ.dwgDATE: 09/09/2024
8080 MITCHELL ROAD, EDEN PRAIRIE, MNPHONE: (952) 949-8300
- PLAN INCLUDED FOR REFERENCE ONLY. REMOVALS ANDEROSION CONTROL TO BE COMPLETED BY OTHERS
VALLEY VIEW ROAD10"20"9"16"12"REMOVE EXISTINGTIMBER RETAINING WALLBIOROLLTREE REMOVALRIGHT OF ENTRY LIMIITSDRAINAGE AND UTILITY EASEMENTSHEETOFDRAWN BY5CITY PROJECT NO.22834DESIGNED BYCHECKED BYNODATE BY CKDAPPRREVISIONJPAMLLJPACITY OF EDEN PRAIRIEEXISTING CONDITIONS & REMOVALS3VALLEY VIEW ROAD (TRILLIUM CIRCLE) RETAINING WALL RECONSTRUCTIONG:\Engineering\IC#s\1-ACTIVE Folders\22834 2023 Retaining Wall Proj\06 Design\CAD\03 Existing Conditions Valley View Retaining Wall Plans.dwg
NORTH8080 MITCHELL ROAD, EDEN PRAIRIE, MNPHONE: (952) 949-8300LEGENDPROPERTY / ROW LINEEXISTING CURB & GUTTEREXISTING BITUMINOUSEXISTING SIGNESTIMATED LIMITS OF EXCAVATIONPROPOSED BITUMINOUS PAVEMENTBIOROLLINLET PROTECTIONDRAINAGE ARROWDATE: 09/09/2024NOTES:- PLAN INCLUDED FOR REFERENCE ONLY. REMOVALS ANDEROSION CONTROL TO BE COMPLETED BY OTHERS
V A L L E Y V I E W R O A D
RIGHT OF ENTRY LIMITS
PROPOSED 6"BITUMINOUS CLEAR ZONE
0+00
1+00
2+00 2+32
0+00
1+00
2+00 2+32
BIOROLL
APPROXIMATE LOCATION OFPROPOSED RETAINING WALL
DRAINAGE AND UTILITY EASEMENT
STA:0+00.00ELEV:855.23
STA:0+00.00ELEV:854.05
STA:0+94.79ELEV:862.00
STA:0+94.79ELEV:855.18
STA:1+73.54ELEV:862.00
STA:1+73.54ELEV:856.21
STA:1+91.37ELEV:862.00
STA:1+91.37ELEV:856.44
STA:2+31.84ELEV:857.19
STA:2+31.84ELEV:856.60
STA:1+35.39ELEV:862.00
STA:1+35.39ELEV:855.92
SHEET
OF
DRAWN BY
5
CITY PROJECT NO.
22834
DESIGNED BY
CHECKED BY
NO DATE BY CKD APPR REVISION
JPA
MLL
JPA CITY OF EDEN PRAIRIE
TRILLIUM AND BITTERSWEET - PLAN AND PROFILE
4VALLEY VIEW ROAD (TRILLIUM CIRCLE) RETAINING WALL RECONSTRUCTION
G:\Engineering\IC#s\1-ACTIVE Folders\22834 2023 Retaining Wall Proj\06 Design\CAD\04 Valley View Retaining Wall Plans.dwgNORTH
8080 MITCHELL ROAD, EDEN PRAIRIE, MNPHONE: (952) 949-8300
LEGEND
PROPERTY / ROW LINE
EXISTING CURB & GUTTER
EXISTING BITUMINOUS
EXISTING SIGN
ESTIMATED LIMITS OF EXCAVATION
PROPOSED BITUMINOUS PAVEMENT
MULCH (TYPE 9), INCL. FABRIC & METAL EDGING
BIOROLL
INLET PROTECTION
DRAINAGE ARROW
DATE: 09/09/2024
EXISTING GROUND AT CL OF WALL
ESTIMATED WALL ELEVATION
Emb. Varies (6" Min.)FOUNDATION SOILRETAINED SOIL11( VARIES )9' WALK6"CLEARZONE3.6°3'3.6°3.6°EXISTING BITUMINOUS SIDEWALKBITUMINOUS PATCH (2")AGGREGATE BASE (6")CONCRETE CURB*UNREINFORCED CONCRETE ORCRUSHED STONE LEVELING PAD(PER MANUFACTURE'S RECOMMENDATIONS)*SUBCUT AS REQUIRED AND REPLACE WITH SUITABLECOMPACTED STRUCTURAL FILL TO ACHIEVE THE REQUIREDBEARING CAPACITY AND SLIDING RESISTANCE AS DIRECTED BY THE SITEGEOTECHNICAL ENGINEER. ALL STRUCTURAL FILL IS TO BECOMPACTED TO A MINIMUM 98% STANDARD PROCTOR DENSITY.*DRAIN TILE (4" MIN)*APPROXIMATE LIMITS OF EXCAVATION: ACTUAL EXCAVATION SLOPE IS DETERMINEDBY OSHA REGULATIONS AND IN-SITU SOILS*12" DRAINAGE ZONE(3/4" CRUSHEDSTONE)6" ORGANIC TOPSOILBORROW, BY OTHERSVINYL SPLIT FENCE*GEOTEXTILE FABRICSTEEL LANDSCAPE EDGINGMULCH MATERIAL TYPE 9(GEOTEXTILE FABRIC INCIDENTAL)EXTEND MULCH 1' BEHIND FENCE &INCLUDE STEEL LANDSCAPE EDGING,BY OTHERSSHEETOFDRAWN BY5CITY PROJECT NO.22834DESIGNED BYCHECKED BYNODATE BY CKDAPPRREVISIONJPAMLLJPACITY OF EDEN PRAIRIERETAINING WALL DETAILS5VALLEY VIEW ROAD (TRILLIUM CIRCLE) RETAINING WALL RECONSTRUCTIONG:\Engineering\IC#s\1-ACTIVE Folders\22834 2023 Retaining Wall Proj\06 Design\CAD\04 Valley View Retaining Wall Plans.dwg
8080 MITCHELL ROAD, EDEN PRAIRIE, MNPHONE: (952) 949-8300DATE: 09/09/2024RETAINING WALL NOTES1. THIS WORK SHALL CONSIST OF CONSTRUCTING PRECAST OR WETCAST MODULAR BLOCK RETAININGWALLS (LARGE BLOCK WALLS) BOTH WITH AND WITHOUT SOIL REINFORCEMENT IN CONFORMITY WITHTHE LINES, GRADES, STANDARDS, DESIGN, DETAILS AND DIMENSIONS SHOWN ON THE PLANS OROTHERWISE ESTABLISHED OR AS DIRECTED BY THE ENGINEER.2. THE CONTRACTOR SHALL SUBMIT SHOP DRAWINGS AND THE MANUFACTURER'S SUGGESTEDINSTALLATION PROCEDURE SHOWING MATERIALS AND CONSTRUCTION METHODS TO THE ENGINEERFOR APPROVAL PRIOR TO BEGINNING ANY RETAINING WALL WORK. CONSTRUCTION LIMITS, AS SHOWNON THE PLANS, SHALL BE STRICTLY OBSERVED. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TOVERIFY THAT THE PROPOSED WALL SYSTEM, INCLUDING GEOGRID PLACEMENT (IF NECESSARY),REMAINS WITHIN THE CONSTRUCTION LIMITS. TIMBER OR BOULDER RETAINING WALLS SHALL NOT BEPERMITTED IN THE RIGHT-OF-WAY OR ON PUBLIC PROPERTY WITHOUT THE EXPRESS WRITTENPERMISSION OF THE CITY ENGINEER.GEOGRID REINFORCEMENT3. GEOGRID REINFORCEMENT SHALL BE FURNISHED AND INSTALLED IN ACCORDANCE WITH THEMANUFACTURER'S SPECIFICATIONS AND RECOMMENDATIONS FOR THE RETAINING WALL SYSTEM USEDAND AS DIRECTED BY THE ENGINEER.DRAINAGE SYSTEMS4. DRAINAGE SYSTEM FOR THE RETAINING WALLS SHALL BE FURNISHED AND INSTALLED ACCORDING TOMANUFACTURER'S SPECIFICATIONS. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO ENSURETHAT ANY DRAINAGE SYSTEM INSTALLED BEHIND ANY WALL IS PROPERLY DISCHARGED EITHER INTOTHE PROPOSED STORM SEWER SYSTEM OR DAYLIGHTED DOWNGRADE OF THE WALL.LARGE BLOCK WALLS5. THESE WALL SYSTEMS SHALL BE CONSTRUCTED USING RECON WALL SYSTEMS, INC., REDI-ROCK WALLSYSTEM, VERSA-LOK BRONCO OR APPROVED EQUAL. LARGE BLOCK WALLS SHALL BE USED FOR ANYPUBLICLY OWNED RETAINING WALLS MORE THAN FOUR FEET (4') EXPOSED HEIGHT.6. LARGE BLOCK WALLS CONSIST OF WET CAST CONCRETE BLOCKS WITH A FINAL HANDLING WEIGHT INEXCESS OF 1,000 POUNDS PER FULL FACE UNIT, MAY UTILIZE CONCRETE REINFORCING STEEL, HAVE AMAXIMUM WATER/CEMENT RATIO OF 0.45, SLUMP FROM 1-8” AND HAVE A MINIMUM 28-CALENDAR DAYCOMPRESSIVE STRENGTH OF 4000 PSI.7. A PROFESSIONAL ENGINEER LICENSED BY THE STATE OF MINNESOTA IS REQUIRED TO PREPARE, SIGNAND DATE THE DESIGN CALCULATIONS, SHOP DRAWINGS, AND THE WALL SYSTEM PLANS.8. BLOCKS WILL HAVE A SURFACE TEXTURE ON ALL EXPOSED FACES (INCLUDING THE EXPOSED FACES OFTHE WALL BACK AND SIDES) MATCHING A LIMESTONE ROCK SURFACE OR ENGINEER DIRECTEDTEXTURE. SHOW PROPOSED TEXTURE ON THE SHOP DRAWINGS FOR ACCEPTANCE BY THE ENGINEER.9. A SINGLE-COLOR STAIN WILL BE APPLIED TO ALL EXPOSED FACES (INCLUDING THE WALL TOP ANDEXPOSED PORTIONS OF THE WALL BACK FACE). THE COLOR SHALL BE A TAN BUFF OR OTHERWISEAPPROVED BY THE ENGINEER. CONTRACTOR SHALL SUBMIT COLOR SAMPLES PRIOR TO WALLCOMPLETION. USE SUFFICIENT MATERIAL TO PROVIDE COLOR UNIFORMITY BUT AVOID BUILDUPS ANDRUNS. STAIN SHALL BE 100 PERCENT ACRYLIC; WATER-REPELLANT, SEMI-OPAQUE, TINTED EMULSIONSEALER DESIGNED FOR CONCRETE AND MASONRY SURFACES. PAYMENT FOR APPLYING STAIN WILL BEINCLUDED IN PAYMENT FOR THE WALL SYSTEM.10. A LARGE BLOCK WALL SPECIFIC PRECONSTRUCTION MEETING SHALL BE HELD BEFORE WALLCONSTRUCTION BEGINS. THE FOLLOWING SHOULD BE INCLUDED IN THE PRECONSTRUCTION MEETINGAGENDA; SAFETY ITEMS, SEQUENCE OF CONSTRUCTION, STORAGE AND HANDLING OF BLOCKS,SPECIFICATIONS, CONSTRUCTION LIMITS AND ANY ITEMS NEEDED TO BE RESOLVED PRIOR TOCONSTRUCTION.11. PAYMENT SHALL BE MADE AT THE CONTRACT UNIT PRICE PER LUMP SUM, AND SHALL BECOMPENSATION IN FULL FOR ALL LABOR, EQUIPMENT AND MATERIALS (INCLUDING BUT NOT LIMITED TO;PINS AND MISCELLANEOUS HARDWARE, COARSE FILTER AGGREGATE, BACKFILL, FOUNDATIONS,GEOGRID REINFORCEMENT, DRAINAGE SYSTEMS, ETC.) REQUIRED TO CONSTRUCT THE WALLSCOMPLETE IN PLACE. PARTIAL PAYMENTS FOR RETAINING WALL LUMP SUM WILL BE PROVIDED BASEDON PERCENT COMPLETE ESTIMATE OF THE WALL CONSTRUCTION AGREED UPON BY BOTH THECONTRACTOR AND THE OWNER
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 1, 2024
DEPARTMENT/DIVISION:
Eden Prairie Fire Department / Chief Scott Gerber
ITEM DESCRIPTION: Approve
Agreement to purchase Genisis Rescue tools
from Clarey's Safety Equipment
ITEM NO.:
VIII.F.
Requested Action
Move to: Approve Contract for Goods and Services with Clarey's Safety Equipment for
two Combi Rescue Tools.
Synopsis The Fire Department handles a wide range of recue calls. Extrication rescue tools are a valuable
tool in conducting rescues. Eden Prairie Fire Department (EPFD) is purchasing the latest
technology in battery powered rescue tools that will allow EPFD to preform rescues remotely without hydraulic lines tethered to a fire truck. The new tools are more energy efficient and
promote clean energy use while enabling firefighters to preform rescues with the latest cutting
capabilities against the newest hardened steel in automobiles. The Fire Department recommends
accepting the quotation from Clarey's Safety Equipment for $31,297.00. The list of equipment
provided by Clarey's Safety Equipment is identified in its quotation. Requested funding from
approved CIP.
Attachments • Quotation from Clarey's Safety and Equipment
• 2nd quote Industrial Protection Services, LLC
• Contract for Goods and Services
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 1, 2024
DEPARTMENT/DIVISION:
Matt Sackett, Police Chief
ITEM DESCRIPTION:
Replacement of Police body-worn, squad dash, and interview room cameras.
ITEM NO.:
VIII.G.
Requested Action Motion to purchase body-worn, squad, and interview room cameras for the Police Department
from Axon.
Synopsis The Police Department is requesting the approval of a contract for body-worn cameras (BWC),
dash cameras, and interview room cameras with Axon Enterprise, Inc. out of Scottsdale, AZ. This implementation includes replacement of current Motorola BWC, squad, and interview cameras as they near the end of their service life. It also includes the migration to Axon of our permanent retention videos that are currently stored with Motorola Solutions cloud service.
Project Costs Year 1 (2025): Axon Enterprise Inc (Cameras, Equipment and Data Migration) $135,914.64 Baycom (Wireless Routers for Squads) $88,506.00 Motorola Solutions (Retention of current video data) $3,475.00 Tyler Technologies (Integration costs for Records System) $2,500.00
Total $230,395.64 Project Costs Years 2-5 (2026-2029): Axon Enterprise Inc (Cameras, Equipment and Data Migration) $230,395.64/ year
This project was planned for and will be funded by the Information Technology Capital Maintenance and Reinvestment Fund. Background
The Police department installed WatchGuard squad camera system in squad cars in 2015 and 2020 and issued officers body-worn cameras in 2021. WatchGuard has since been purchased by Motorola. The Police Department researched and tested current hardware and software from Motorola and
Axon (Motorola’s closest competitor) over the last year. Extensive testing of both systems was performed and evaluated by the user group. The existing Motorola system has had extensive technology problems involving camera failure, connection issues and loss of data. The Axon system tested did not experience the technology failures and has a demonstrated track record with other surrounding agencies regarding excellent performance and reliability.
The Police Department and IT Division are recommending the Axon package due to the ease of
use, reliability and capabilities that benefit the Police Department users as well as the public. Accurate and reliable capturing of video evidence is critical to the high level of service provided to our community. With the Axon package, body-worn cameras will get a mid-cycle refresh and be replaced by Axon to the then-current model approximately 30 months into the contract.
Quotes were received from both Axon and Motorola for the full camera systems. Motorola’s quote for a comparable full system was $197,777.60/year. Axon’s quote as listed above provide a full package at $230,395.64 per year.
Axon Company Profile: Axon is a technology leader in global public safety. Axon’s suite includes TASER energy devices, body-worn cameras, in-car cameras, cloud-hosted digital evidence management solutions,
productivity software and real-time operations capabilities. Axon’s growing global customer base
includes first responders across international, federal, state and local law enforcement, fire, corrections and emergency medical services, as well as the justice sector, commercial enterprises and consumers.
Attachments
• Axon Agreement
• Axon Quote (BWC/Squad/Interview cameras, software, storage)
• Baycom quote for routers
• Motorola quote for access licenses
Master Services and Purchasing Agreement
Version: 21
Release Date: April 1, 2024 Page 1 of 27
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc., a Delaware
corporation ("Axon"), and the City of Eden Prairie, a Minnesota municipal corporation ("Customer"). This Agreement is effective as of October 1, 2024 ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote as defined in Section 1.3 ("Quote"). The Parties agree as follows:
1. Definitions.
1.1. "Axon Cloud Services" means Axon’s web services, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.
1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices. 1.3. "Quote" means the quote issued by Axon to Customer on September 25, 2024, attached hereto as Exhibit A.
1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud
Services, and professional services.
2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term").
2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, and Technology Assurance Plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term").
2.2. Upon completion of the Subscription Term, Customer shall have the option to renew the Subscription Term for one or more subscriptions included in the Quote for up to an additional 5 years ("Renewal Term"). The terms and conditions of this Agreement will continue to apply to the Renewal Term. Customer must provide notice to Axon of its exercise of the option to renew at least four (4) months prior to the end of the Term. For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms.
Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is
first.
3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront yearly basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees.
4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate.
5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common
carrier. Customer is responsible for any shipping charges in the Quote.
6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
7. Warranty.
7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm and Axon-manufactured accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of Customer’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased.
7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s
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Version: 21
Release Date: April 1, 2024 Page 2 of 27
warranty and are only subject to the warranties of the third-party provider or manufacturer.
7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.
7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.
7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through
Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.
7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) unforeseen acts or events beyond the reasonable control of Axon; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Customer resells Axon Devices.
7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, it has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.
7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed two times (2x) the purchase price paid to Axon for the Axon Device over a twelve (12) month period preceding the claim, if the claim relates to an Axon Device, or two times (2x) the amount paid for the Services over the twelve (12) months preceding the claim, if the claim relates to Services. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.
7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-
terms-and-conditions.
7.7. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-and-conditions, if any. 8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference.
9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
10. Design Changes. Axon will provide Customer with written notice upon making design changes to any Axon Device
or Service provided to Customer by announcing any change to the general customer base..
11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Customer’s
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Release Date: April 1, 2024 Page 3 of 27
purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of
availability or Customer’s election not to utilize any portion of an Axon bundle.
12. Relocation of Equipment. Axon acknowledges that Customer will be relocating its Police Department to a new physical space at some point during the Subscription Term. Axon will relocate and move any physical equipment as necessary, including interview room and squad equipment, at no additional cost to Customer. At the time of relocation, Axon and Customer will cooperate to schedule and coordinate such relocation.
13. Insurance. Prior to providing products or services under this Agreement, Axon shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Axon 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 Section 13, or required by law:
13.1. Commercial general liability insurance with limits of at least $1,000,000 for each person, and each
occurrence, for both personal injury and property damage.
13.2. Comprehensive automobile liability insurance with limits of at least $1,000,000 combined single limit
each accident (including coverage for all owned, hired, and non-owned vehicles).
13.3. Worker’s compensation insurance at statutorily required limits.
13.4. Professional liability insurance policy, which includes cyber liability coverage, in the amount of
$2,000,000. If the professional liability policy is a claims-made policy, Axon agrees to maintain the
professional liability insurance for a minimum of two (2) years following the expiration or termination of
this Agreement.
13.5. Axon agrees to provide Customer with at least 30 days’ notice of any cancellation of insurance under
this section.
Axon shall pay any retention or deductible for the insurance coverage required herein. Axon shall provide Customer with a Certificate of Insurance verifying insurance coverage before providing services to Customer under this Agreement.
14. Indemnification. Axon will defend and indemnify Customer, its officers, agents, and employees and hold them harmless from and against all third party judgments, claims, damages, costs and expenses, including a reasonable amount for its attorney’s fees paid, incurred or for which it may be liable resulting from any negligent act, willful misconduct, or error or omission performed, taken or not performed or taken by Axon, its agents, contractors, and employees, relative to this Agreement, except to the extent of Customer’s negligence or willful misconduct. Customer
will indemnify and hold Axon harmless from and against any loss for injuries or damages arising out of the negligent acts of the Customer, its officers, agents or employees.
15. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated. 16. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon-manufactured Devices or Services by Customer or a third-party acting with the knowledge and consent of
Customer but not approved by Axon; (b) use of Axon-manufactured Devices and Services in combination with
hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this
Agreement; or (d) use of Axon software that is not the most current release provided by Axon.
17. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Customer or a Customer end user; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.
18. Termination.
18.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the
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Release Date: April 1, 2024 Page 4 of 27
breach to the other Party, and the breach remains uncured at the end of thirty (30) days. If Customer terminates
this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 18.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as reasonably practicable. 18.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the
standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 19. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, including but not limited to the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13), neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement only with Customer’s written consent. 20. General.
20.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.
20.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties.
20.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
20.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.
20.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun
Control Act of 1968.
20.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns.
20.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.
20.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.
20.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.
20.10. Governing Law. The laws of the country, state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United
Nations Convention for the International Sale of Goods does not apply to this Agreement.
20.11. Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon
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Release Date: April 1, 2024 Page 5 of 27
posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective
immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com.
18.12 Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.
18.13 Services Not Provided For. No claim for services furnished by Axon not specifically provided for in the Quote or a subsequent agreed-to quote will be honored by Customer.
18.14 Prevailing Party. In the event of any dispute with regard to this Agreement or action to enforce this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party and the non-prevailing party shall
pay upon demand all reasonable fees and expenses of counsel for the prevailing party.
18.15 Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of Axon or other parties relevant to this Agreement are subject to examination by Customer 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. This provision will survive the completion or termination of this Agreement.
18.16 Data Practices. This Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Axon to perform any function of Customer, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Axon in performing any of the functions of Customer during performance of this Agreement is subject to the requirements of the MGDPA and Axon shall comply with those requirements as if it were a government entity. To the extent MGDPA applies to Axon, all subcontracts entered into by Axon in relation to this Agreement shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Agreement.
Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and
delivered this Agreement as of the date of signature.
AXON: CUSTOMER:
Axon Enterprise, Inc.
Signature: Signature:
Name: Name: Ronald A. Case
Title: Title: Mayor
Date: Date:
Signature:
Name: Rick Getschow
Title: City Manager
Date:
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Axon Cloud Services Terms of Use Appendix
1. Definitions.
a. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data.
b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.
c. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content.
d. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
e. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.
f. "Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.
2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Customer may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Customer may not upload non-TASER Data to Axon Evidence Lite.
3. Customer Owns Customer Content. Customer controls and owns all right, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.
4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems.
5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content; (b)
ensuring no Customer Content or Customer end user’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Customer becomes aware of any violation of this Agreement by an end user, Customer will immediately terminate that end user’s access to Axon Cloud Services.
a. Customer will also maintain the security of end usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.
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b. To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.
6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.
7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning
for Customer’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Customer, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.
8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.
9. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence end user or Customer is
prohibited from storing data for other law enforcement agencies; and (iii) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution of a crime, (2) common law enforcement
activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.
10. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content. If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located. Ownership of Customer Content remains with Customer.
11. Suspension. Axon may temporarily suspend Customer’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.
12. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors
before Customer uploads data to Axon Cloud Services.
13. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.
14. If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.
15. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind.
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16. In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to privacy@axon.com. Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.
17. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Customer purchases an OSP 7 or OSP 10 bundle. During Customer’s Axon Records Subscription Term, if any, Customer will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.
c. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription")
d. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as
distinct products or applications.
e. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Customer purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Customer.
f. Users of Axon Records at the Customer may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.
18. Axon Cloud Services Restrictions. Customer and Customer end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
g. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
h. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;
i. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or
exceeding usage limits or quotas;
j. use Axon Cloud Services as a service bureau, or as part of a Customer infrastructure as a service;
k. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;
l. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;
m. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
n. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.
19. Axon Narrative. AI-Assisted Report Writing feature. Axon may impose usage restrictions if a single user generates more than one hundred (100) reports per month for two or more consecutive months.
20. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. There will be no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.
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21. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
22. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services.
23. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon
Cloud Services Restrictions.
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Axon Customer Experience Improvement Program Appendix
1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed
below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.
2. ACEIP Tier 1.
2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain segments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely
used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified,
ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request, Axon will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Customer Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case").
2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement.
In accordance with section 1.1.1, within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Customer.
3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer
1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.
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Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data.
☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for such participation in ACEIP Tier 2.
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Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.
1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.
2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Customer to assess Customer’s deployment and determine which on-site services are appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon Full Service options include:
System set up and configuration
• Instructor-led setup of Axon View on smartphones (if applicable)
• Configure categories and custom roles based on Customer need
• Register cameras to Customer domain
• Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access
• One on-site session included Dock configuration
• Work with Customer to decide the ideal location of Docks and set configurations on Dock
• Authenticate Dock with Axon Evidence using admin credentials from Customer
• On-site assistance, not to include physical mounting of docks
Best practice implementation planning session
• Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies
• Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
• Provide referrals of other agencies using the Axon camera devices and Axon Evidence
• Recommend rollout plan based on review of shift schedules
System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence
Axon instructor training (Train the Trainer) Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations
Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go-live review
3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable)
• Configure categories & custom roles based on Customer need
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• Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
• Work with Customer to decide the ideal location of Dock setup and set configurations on Dock
• Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer
• Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync
Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services.
5. CEW Services Packages. CEW Services Packages are detailed below:
System set up and configuration
• Configure Axon Evidence categories & custom roles based on Customer need.
• Troubleshoot IT issues with Axon Evidence.
• Register users and assign roles in Axon Evidence.
• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout
Best practice implementation planning session to include:
• Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies
• Discuss the importance of entering metadata and best practices for digital data management
• Provide referrals to other agencies using TASER CEWs and Axon Evidence
• For the CEW Full Service Package: On-site assistance included
• For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Customer’s configuration of security,
roles & permissions, categories & retention, and other specific settings for Axon Evidence
Axon Evidence Instructor training
• Provide training on the Axon Evidence to educate instructors who can support Customer’s subsequent Axon Evidence training needs.
• For the CEW Full Service Package: Training for up to 3 individuals at Customer
• For the CEW Starter Package: Training for up to 1 individual at Customer TASER CEW inspection and device assignment Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.
Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included.
6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:
Archival of CEW Firing Logs Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Customer is replacing with newer Smart Weapon models.
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Return of Old Weapons Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Customer with a Certificate of Destruction
*Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.
7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Customer to assess Customer's deployment and determine which Services are appropriate. The VR Service training options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content • Configure Customer settings based on Customer need • Troubleshoot IT issues with Axon VR headset Axon instructor training (Train the Trainer)
Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and
SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices
8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer's requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Air, On-Site training options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS) • Configure Customer settings based on Customer need • Configure drone controller • Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence
training needs after Axon’s has fulfilled its contracted on-site obligations
Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices
9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.
10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique
holster/mounting type. Customer is responsible for providing a suitable work/training area.
b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration.
11. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours.
13. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer
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computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer.
14. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Customer or Axon), Customer must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it
15. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Customer to have accepted the professional services.
16. Customer Network. For work performed by Axon transiting or making use of Customer’s network, Customer is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Customer’s network from any cause.
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Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies.
1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty.
2. Officer Safety Plan. If Customer purchases an Officer Safety Plan ("OSP"), Customer will receive the deliverables detailed in the Quote. Customer must accept delivery of the TASER CEW and accessories as soon as available from Axon.
3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").
4. TAP BWC Upgrade. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock.
5. TAP Dock Upgrade. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote ("Dock Upgrade"). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Customer originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Customer originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.
6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer.
7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded
Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP
for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered BWC
Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Upgrade, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer.
9. Termination. If Customer’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3. Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP.
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Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Customer’s CAD or RMS.
2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Customer changes its CAD or RMS.
3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable
adjustment in fees or schedule.
4. Customer Responsibilities. Axon’s performance of Auto-Tagging Services requires Customer to:
4.1. Make available relevant systems, including Customer’s current CAD or RMS, for assessment by Axon (including remote access if possible);
4.2. Make required modifications, upgrades or alterations to Customer’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;
4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5. Promptly install and implement any software updates provided by Axon;
4.6. Ensure that all appropriate data backups are performed;
4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8. Provide Axon with remote access to Customer’s Axon Evidence account when required;
4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Customer; and
4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.
5. Access to Systems. Customer authorizes Axon to access Customer’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer.
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Axon Fleet Appendix
If Axon Fleet 2, Axon Fleet 3, or any future generation of Axon Fleet (collectively, “Axon Fleet”) is included on the Quote, this Appendix applies.
1. Customer Responsibilities.
1.1. Customer must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet as established by Axon during the qualifier call and on-site assessment at Customer and in any technical qualifying questions. If Customer’s representations are inaccurate, the Quote is subject to change.
1.2. Customer is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon Fleet systems into Customer vehicles. Customer is responsible for making available all vehicles for which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an equitable adjustment in fees or schedule.
2. Cradlepoint. If Customer purchases Cradlepoint Enterprise Cloud Manager, Customer will comply with Cradlepoint’s
end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If
Customer requires Cradlepoint support, Customer will contact Cradlepoint directly.
3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon.
4. Wireless Offload Server.
4.1. License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.
4.2. Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g)
access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.
4.3. Updates. If Customer purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Customer is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
4.4. WOS Support. Upon request by Axon, Customer will provide Axon with access to Customer’s store and forward servers solely for troubleshooting and maintenance.
5. Axon Vehicle Software.
5.1. License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term
begins upon the start of the Axon Evidence Subscription.
5.2. Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software.
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6. Acceptance Checklist. If Axon provides services to Customer pursuant to any statement of work in connection with Axon Fleet, within seven (7) days of the date on which Customer retrieves Customer's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above, Customer will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables.
7. Axon Fleet Upgrade. If Customer has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Customer with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled on the Quote.
7.1. If Customer would like to change models for the Axon Fleet Upgrade, Customer must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Customer is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.
7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Customer must return the original Axon Devices to
Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Customer does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Customer.
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Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.
1. Subscription Term. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or
OSP 10 Term, or (2) date Axon provisions Axon Community Request Axon Redaction Assistant, or Axon Performance
to Customer.
1.1. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a
standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer, or (2) first day of the month following the Effective Date.
1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add-on.
2. Axon Community Request Storage. For Axon Community Request, Customer may store an unlimited amount of
data submitted through the public portal ("Portal Content"), within Customer’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.
3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Customer, Axon will need to store call for service data from Customer’s CAD or RMS.
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Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.
1. Definitions.
1.1. "API Client" means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer.
1.2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use.
1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Customer’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems.
1.4. "Use" means any operation on Customer’s data enabled by the supported API functionality.
2. Purpose and License.
2.1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use.
2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer’s API Client.
2.3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.
3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as
part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon
promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service
information.
4. Customer Responsibilities. When using API Service, Customer and its end users may not:
4.1. use API Service in any way other than as expressly permitted under this Agreement;
4.2. use in any way that results in, or could result in, any security breach to Axon;
4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services;
4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;
4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;
4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;
4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals
or entities to create links to API Service;
4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;
4.9. make available to a third-party, any token, key, password or other login credentials to API Service;
4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or
4.11. disclose Axon’s API manual.
5. API Content. All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon’s API Content, including:
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5.1. the design, structure and naming of API Service fields in all responses and requests;
5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases, users, or reports;
5.3. the structure of and relationship of API Service resources; and
5.4. the design of API Service, in any part or as a whole.
6. Prohibitions on API Content. Neither Customer nor its end users will use API content returned from the API Interface to:
6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;
6.3. misrepresent the source or ownership; or
6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark
notices).
7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.
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Axon Channel Services Appendix
This Appendix applies if Customer purchases Axon Channel Service, as set forth on the Quote.
1. Definitions.
1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified in the attached Channel Services Statement of Work.
1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital Evidence Management System.
1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System.
2. Scope. Customer currently has a third-party system or data repository from which Customer desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Customer’s third-party data into an Axon Digital Evidence Management System or the transfer of Customer data out of an Axon Digital Evidence Management
System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Customer Content. Customer is responsible for verifying all necessary data is migrated correctly and retained per Customer policy.
3. Changes. Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.
4. Purpose and Use. Customer is responsible for verifying Customer has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Customer is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Customer’s network and systems to perform the Services described in the Channel Services SOW. Customer is responsible for facilitating this access per all laws and policies applicable
to Customer.
5. Project Management. Axon will assign a Project Manager to work closely with Customer’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.
6. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner.
7. Monitoring. Axon may monitor Customer’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Customer agrees not to interfere with such monitoring or obscure from Axon Customer’s use of channel services.
8. Customer’s Responsibilities. Axon’s successful performance of the Channel Services requires Customer:
8.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access);
8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Customer (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit
Customer premises with laptop personal computers and any other materials needed to perform the Channel
Services);
8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services;
8.4. Ensure all appropriate data backups are performed;
8.5. Provide Axon with remote access to the Customer’s network and third-party systems when required for Axon to perform the Channel Services;
8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and
8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators,
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and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services).
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Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply.
1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or updates, but if such are made available to Customer and obtained by Customer they shall become part of the Software and governed by the terms of this Agreement.
2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of
the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Customer terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software.
3. Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon.
4. Term. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined period, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms
of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For licenses leased for a pre-
determined period, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Customer.
5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use.
6. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Customer may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Customer to use the copy of media on an additional server.
7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Customer
agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to access such media for the purpose of recovering the Software or online Software Documentation.
8. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department of Commerce’s Table of Denials.
9. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them.
Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or
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subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.
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Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply:
1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix.
2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s).
3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations
and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements. If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements.
4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement.
5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability
of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation.
6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations.
Page 1 Q-589992-45560.603NB
Q-589992-45560.603NB
Issued: 09/25/2024
Quote Expiration: 10/15/2024
Estimated Contract Start Date: 03/01/2025
Account Number: 129989
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Eden Prairie Police Dept.- MN8080 Mitchell Rd
Eden Prairie,
MN
55344-2203
USA
Eden Prairie Police Dept.- MN
8080 Mitchell Rd
Eden Prairie
MN
55344-2203USA Email:
Nick Butier
Phone:
Email: nbutier@axon.com
Fax:
Tino Starke
Phone: 952-949-6200
Email: tstarke@edenprairie.org
Fax:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $53,605.49
TOTAL COST $1,057,497.20
ESTIMATED TOTAL W/ TAX $1,057,497.20 TOTAL SAVINGS $268,027.46
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Page 2 Q-589992-45560.603NB
Payment Summary
Date Subtotal Tax Total
Feb 2025 $135,914.64 $0.00 $135,914.64
Feb 2026 $230,395.64 $0.00 $230,395.64
Feb 2027 $230,395.64 $0.00 $230,395.64
Feb 2028 $230,395.64 $0.00 $230,395.64
Feb 2029 $230,395.64 $0.00 $230,395.64
Total $1,057,497.20 $0.00 $1,057,497.20
Page 3 Q-589992-45560.603NB
Quote Unbundled Price:$1,325,524.66
Quote List Price:$1,391,511.94
Quote Subtotal:$1,057,497.20
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total
Program
BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 11 60 $42.88 $36.07 $19.51 $12,876.60 $0.00 $12,876.60
BWCamTAP Body Worn Camera TAP Bundle 85 60 $24.87 $33.80 $18.60 $94,860.00 $0.00 $94,860.00
BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 10 60 $7.86 $12.40 $7.08 $4,248.00 $0.00 $4,248.00
Fleet3B Fleet 3 Basic 1 48 $165.62 $158.18 $114.79 $5,509.92 $0.00 $5,509.92
InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 60 $30.20 $24.92 $24.92 $2,990.40 $0.00 $2,990.40
Fleet3B Fleet 3 Basic 33 60 $149.69 $161.41 $122.59 $242,728.20 $0.00 $242,728.20
A la Carte Hardware
74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 5 $64.00 $55.04 $275.20 $0.00 $275.20
50220 AXON INTERVIEW - POE SWITCH - 8 PORT 2 $1,137.03 $977.85 $1,955.70 $0.00 $1,955.70
50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $243.31 $209.25 $1,046.25 $0.00 $1,046.25
50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 $992.92 $853.91 $4,269.55 $0.00 $4,269.55
50294 AXON INTERVIEW - SERVER - LITE 2 $3,722.47 $3,201.32 $6,402.64 $0.00 $6,402.64
50322 AXON INTERVIEW - TOUCH PANEL PRO 5 $3,286.23 $2,826.16 $14,130.80 $0.00 $14,130.80
H00003 AB4 1-Bay Dock Bundle 10 $229.00 $196.94 $1,969.40 $0.00 $1,969.40
H00001 AB4 Camera Bundle 85 $849.00 $730.14 $62,061.90 $0.00 $62,061.90
H00002 AB4 Multi Bay Dock Bundle 11 $1,638.90 $1,409.45 $15,503.95 $0.00 $15,503.95
A la Carte Software
50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $1,750.00 $1,505.00 $3,010.00 $0.00 $3,010.00
50043 AXON INTERVIEW - STREAMING SERVER
MAINTENANCE - PER SERVER 2 60 $32.98 $28.36 $3,403.54 $0.00 $3,403.54
50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH
PANEL-PC 5 $1,500.00 $1,290.00 $6,450.00 $0.00 $6,450.00
73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE)5 60 $27.12 $23.32 $6,996.95 $0.00 $6,996.95
50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER
TOUCH PANEL 5 60 $28.21 $24.26 $7,278.20 $0.00 $7,278.20
73739 AXON PERFORMANCE - LICENSE 85 60 $10.85 $9.33 $47,588.10 $0.00 $47,588.10
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 85 60 $10.85 $9.33 $47,588.10 $0.00 $47,588.10
73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE)85 60 $27.12 $23.32 $118,948.15 $0.00 $118,948.15
BasicLicense Basic License Bundle 39 60 $16.27 $13.98 $32,701.50 $0.00 $32,701.50
ProLicense Pro License Bundle 85 60 $43.40 $37.26 $190,045.55 $0.00 $190,045.55
A la Carte Services
80190 AXON EVIDENCE - CHANNEL SERVICES 1 $50,000.00 $0.00 $0.00 $0.00 $0.00
79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO
TAGGING/PERFORMANCE 1 $3,000.00 $2,580.00 $2,580.00 $0.00 $2,580.00
85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER
ROOM)5 $7,450.00 $6,407.00 $32,035.00 $0.00 $32,035.00
85055 AXON BODY - PSO - FULL SERVICE 1 $40,000.00 $34,400.00 $34,400.00 $0.00 $34,400.00
11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 85 60 $10.85 $9.33 $47,588.10 $0.00 $47,588.10
A la Carte Warranties
Page 4 Q-589992-45560.603NB
50448 AXON INTERVIEW - EXT WARRANTY 5 49 $28.74 $24.72 $6,055.50 $0.00 $6,055.50
Total $1,057,497.20 $0.00 $1,057,497.20
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date
AB4 1-Bay Dock Bundle 100201 AXON BODY 4 - DOCK - SINGLE BAY 10 1 02/01/2025
AB4 1-Bay Dock Bundle 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 10 1 02/01/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK
RAPIDLOCK 2 1 02/01/2025
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK
RAPIDLOCK 85 1 02/01/2025
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 94 1 02/01/2025
AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 94 1 02/01/2025
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 11 1 02/01/2025
AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 11 1 02/01/2025
AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 11 1 02/01/2025
Fleet 3 Basic 70112 AXON SIGNAL - SIGNAL UNIT 33 1 02/01/2025
Fleet 3 Basic 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 33 1 02/01/2025
Fleet 3 Basic 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 1 1 02/01/2025
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72002 AXON FLEET 3 - INTERIOR CAMERA INTERIOR MOUNT 2 1 02/01/2025
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72032 AXON FLEET - CABLE - ETHERNET CAT6 20 FT 2 1 02/01/2025
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 72037 AXON FLEET 3 - INTERIOR CAMERA 2 1 02/01/2025
A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 1 02/01/2025
A la Carte 50220 AXON INTERVIEW - POE SWITCH - 8 PORT 2 1 02/01/2025
A la Carte 50294 AXON INTERVIEW - SERVER - LITE 2 1 02/01/2025
A la Carte 50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 1 02/01/2025
A la Carte 50322 AXON INTERVIEW - TOUCH PANEL PRO 5 1 02/01/2025
A la Carte 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 5 1 02/01/2025
Fleet 3 Basic 70112 AXON SIGNAL - SIGNAL UNIT 1 1 02/01/2026
Fleet 3 Basic 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 1 1 02/01/2026
Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 11 1 08/01/2027
Body Worn Camera Single-Bay Dock TAP Bundle 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 10 1 08/01/2027
Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 87 1 08/01/2027
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 39 03/01/2025 02/28/2030
Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 39 03/01/2025 02/28/2030
Fleet 3 Basic 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 33 03/01/2025 02/28/2030
Fleet 3 Basic 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 66 03/01/2025 02/28/2030
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 2 03/01/2025 02/28/2030
Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 255 03/01/2025 02/28/2030
Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 85 03/01/2025 02/28/2030
A la Carte 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-
PC 5
A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH
PANEL 5 03/01/2025 02/28/2030
Page 5 Q-589992-45560.603NB
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER
SERVER 2
A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE -
PER SERVER 2 03/01/2025 02/28/2030
A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 85 03/01/2025 02/28/2030
A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)85 03/01/2025 02/28/2030
A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)5 03/01/2025 02/28/2030
A la Carte 73739 AXON PERFORMANCE - LICENSE 85 03/01/2025 02/28/2030
Fleet 3 Basic 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 1 03/01/2026 02/28/2030
Fleet 3 Basic 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 2 03/01/2026 02/28/2030
Services
Bundle Item Description QTY
Fleet 3 Basic 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 33
Fleet 3 Basic 73391 AXON FLEET 3 - DEPLOYMENT PER VEHICLE - NOT OVERSIZED 1
A la Carte 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 85
A la Carte 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1
A la Carte 80190 AXON EVIDENCE - CHANNEL SERVICES 1
A la Carte 85055 AXON BODY - PSO - FULL SERVICE 1
A la Carte 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)5
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date
Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 11 02/01/2026 02/28/2030
Body Worn Camera Single-Bay Dock TAP Bundle 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 10 02/01/2026 02/28/2030
Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 85 02/01/2026 02/28/2030
Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 2 02/01/2026 02/28/2030
Fleet 3 Basic 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 33 02/01/2026 02/28/2030
Fleet 3 Basic 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 33 02/01/2026 02/28/2030
Fleet 3 Basic 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 1 02/01/2026 02/28/2030
FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 80385 AXON FLEET 3 - EXT WARRANTY - INTERIOR CAMERA 2 02/01/2026 02/28/2030
A la Carte 50448 AXON INTERVIEW - EXT WARRANTY 5 02/01/2026 02/28/2030
Fleet 3 Basic 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 1 02/01/2027 02/28/2030
Fleet 3 Basic 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 1 02/01/2027 02/28/2030
Page 6 Q-589992-45560.603NB
Shipping Locations
Location Number Street City State Zip Country
1 8080 Mitchell Rd Eden Prairie MN 55344-2203 USA
Payment Details
Feb 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 85 $6,116.25 $0.00 $6,116.25
Year 1 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 5 $828.99 $0.00 $828.99
Year 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 5 $935.43 $0.00 $935.43
Year 1 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $386.86 $0.00 $386.86
Year 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $437.44 $0.00 $437.44
Year 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $134.47 $0.00 $134.47
Year 1 50220 AXON INTERVIEW - POE SWITCH - 8 PORT 2 $251.36 $0.00 $251.36
Year 1 50294 AXON INTERVIEW - SERVER - LITE 2 $822.90 $0.00 $822.90
Year 1 50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 $548.74 $0.00 $548.74
Year 1 50322 AXON INTERVIEW - TOUCH PANEL PRO 5 $1,816.16 $0.00 $1,816.16
Year 1 50448 AXON INTERVIEW - EXT WARRANTY 5 $778.28 $0.00 $778.28
Year 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 85 $6,116.25 $0.00 $6,116.25
Year 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)5 $899.28 $0.00 $899.28
Year 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)85 $15,287.79 $0.00 $15,287.79
Year 1 73739 AXON PERFORMANCE - LICENSE 85 $6,116.25 $0.00 $6,116.25
Year 1 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 5 $35.37 $0.00 $35.37
Year 1 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $331.59 $0.00 $331.59
Year 1 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $0.00 $0.00 $0.00
Year 1 85055 AXON BODY - PSO - FULL SERVICE 1 $4,421.25 $0.00 $4,421.25
Year 1 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)5 $4,117.29 $0.00 $4,117.29
Year 1 BasicLicense Basic License Bundle 39 $4,202.95 $0.00 $4,202.95
Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 11 $1,654.96 $0.00 $1,654.96
Year 1 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 10 $545.97 $0.00 $545.97
Year 1 BWCamTAP Body Worn Camera TAP Bundle 85 $12,191.86 $0.00 $12,191.86
Year 1 Fleet3B Fleet 3 Basic 1 $708.17 $0.00 $708.17
Year 1 Fleet3B Fleet 3 Basic 33 $31,196.61 $0.00 $31,196.61
Year 1 H00001 AB4 Camera Bundle 85 $7,976.49 $0.00 $7,976.49
Year 1 H00002 AB4 Multi Bay Dock Bundle 11 $1,992.64 $0.00 $1,992.64
Year 1 H00003 AB4 1-Bay Dock Bundle 10 $253.12 $0.00 $253.12
Year 1 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $384.33 $0.00 $384.33
Year 1 ProLicense Pro License Bundle 85 $24,425.59 $0.00 $24,425.59
Total $135,914.64 $0.00 $135,914.64
Feb 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 85 $10,367.96 $0.00 $10,367.96
Year 2 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 5 $1,405.25 $0.00 $1,405.25
Year 2 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 5 $1,585.69 $0.00 $1,585.69
Year 2 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $655.79 $0.00 $655.79
Year 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $741.53 $0.00 $741.53
Page 7 Q-589992-45560.603NB
Feb 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $227.95 $0.00 $227.95
Year 2 50220 AXON INTERVIEW - POE SWITCH - 8 PORT 2 $426.09 $0.00 $426.09
Year 2 50294 AXON INTERVIEW - SERVER - LITE 2 $1,394.94 $0.00 $1,394.94
Year 2 50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 $930.20 $0.00 $930.20
Year 2 50322 AXON INTERVIEW - TOUCH PANEL PRO 5 $3,078.66 $0.00 $3,078.66
Year 2 50448 AXON INTERVIEW - EXT WARRANTY 5 $1,319.30 $0.00 $1,319.30
Year 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 85 $10,367.96 $0.00 $10,367.96
Year 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)85 $25,915.09 $0.00 $25,915.09
Year 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)5 $1,524.42 $0.00 $1,524.42
Year 2 73739 AXON PERFORMANCE - LICENSE 85 $10,367.96 $0.00 $10,367.96
Year 2 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 5 $59.96 $0.00 $59.96
Year 2 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $562.10 $0.00 $562.10
Year 2 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $0.00 $0.00 $0.00
Year 2 85055 AXON BODY - PSO - FULL SERVICE 1 $7,494.69 $0.00 $7,494.69
Year 2 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)5 $6,979.43 $0.00 $6,979.43
Year 2 BasicLicense Basic License Bundle 39 $7,124.64 $0.00 $7,124.64
Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 11 $2,805.40 $0.00 $2,805.40
Year 2 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 10 $925.50 $0.00 $925.50
Year 2 BWCamTAP Body Worn Camera TAP Bundle 85 $20,667.04 $0.00 $20,667.04
Year 2 Fleet3B Fleet 3 Basic 33 $52,882.91 $0.00 $52,882.91
Year 2 Fleet3B Fleet 3 Basic 1 $1,200.46 $0.00 $1,200.46
Year 2 H00001 AB4 Camera Bundle 85 $13,521.35 $0.00 $13,521.35
Year 2 H00002 AB4 Multi Bay Dock Bundle 11 $3,377.83 $0.00 $3,377.83
Year 2 H00003 AB4 1-Bay Dock Bundle 10 $429.07 $0.00 $429.07
Year 2 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $651.51 $0.00 $651.51
Year 2 ProLicense Pro License Bundle 85 $41,404.96 $0.00 $41,404.96
Total $230,395.64 $0.00 $230,395.64
Feb 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 85 $10,367.96 $0.00 $10,367.96
Year 3 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 5 $1,405.25 $0.00 $1,405.25
Year 3 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 5 $1,585.69 $0.00 $1,585.69
Year 3 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $655.79 $0.00 $655.79
Year 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $741.53 $0.00 $741.53
Year 3 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $227.95 $0.00 $227.95
Year 3 50220 AXON INTERVIEW - POE SWITCH - 8 PORT 2 $426.09 $0.00 $426.09
Year 3 50294 AXON INTERVIEW - SERVER - LITE 2 $1,394.94 $0.00 $1,394.94
Year 3 50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 $930.20 $0.00 $930.20
Year 3 50322 AXON INTERVIEW - TOUCH PANEL PRO 5 $3,078.66 $0.00 $3,078.66
Year 3 50448 AXON INTERVIEW - EXT WARRANTY 5 $1,319.30 $0.00 $1,319.30
Year 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 85 $10,367.96 $0.00 $10,367.96
Year 3 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)85 $25,915.09 $0.00 $25,915.09
Year 3 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)5 $1,524.42 $0.00 $1,524.42
Year 3 73739 AXON PERFORMANCE - LICENSE 85 $10,367.96 $0.00 $10,367.96
Year 3 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 5 $59.96 $0.00 $59.96
Year 3 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $562.10 $0.00 $562.10
Year 3 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $0.00 $0.00 $0.00
Year 3 85055 AXON BODY - PSO - FULL SERVICE 1 $7,494.69 $0.00 $7,494.69
Year 3 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)5 $6,979.43 $0.00 $6,979.43
Year 3 BasicLicense Basic License Bundle 39 $7,124.64 $0.00 $7,124.64
Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 11 $2,805.40 $0.00 $2,805.40
Page 8 Q-589992-45560.603NB
Feb 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 10 $925.50 $0.00 $925.50
Year 3 BWCamTAP Body Worn Camera TAP Bundle 85 $20,667.04 $0.00 $20,667.04
Year 3 Fleet3B Fleet 3 Basic 1 $1,200.46 $0.00 $1,200.46
Year 3 Fleet3B Fleet 3 Basic 33 $52,882.91 $0.00 $52,882.91
Year 3 H00001 AB4 Camera Bundle 85 $13,521.35 $0.00 $13,521.35
Year 3 H00002 AB4 Multi Bay Dock Bundle 11 $3,377.83 $0.00 $3,377.83
Year 3 H00003 AB4 1-Bay Dock Bundle 10 $429.07 $0.00 $429.07
Year 3 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $651.51 $0.00 $651.51
Year 3 ProLicense Pro License Bundle 85 $41,404.96 $0.00 $41,404.96
Total $230,395.64 $0.00 $230,395.64
Feb 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 85 $10,367.96 $0.00 $10,367.96
Year 4 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 5 $1,405.25 $0.00 $1,405.25
Year 4 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 5 $1,585.69 $0.00 $1,585.69
Year 4 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $655.79 $0.00 $655.79
Year 4 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $741.53 $0.00 $741.53
Year 4 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $227.95 $0.00 $227.95
Year 4 50220 AXON INTERVIEW - POE SWITCH - 8 PORT 2 $426.09 $0.00 $426.09
Year 4 50294 AXON INTERVIEW - SERVER - LITE 2 $1,394.94 $0.00 $1,394.94
Year 4 50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 $930.20 $0.00 $930.20
Year 4 50322 AXON INTERVIEW - TOUCH PANEL PRO 5 $3,078.66 $0.00 $3,078.66
Year 4 50448 AXON INTERVIEW - EXT WARRANTY 5 $1,319.30 $0.00 $1,319.30
Year 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 85 $10,367.96 $0.00 $10,367.96
Year 4 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)85 $25,915.09 $0.00 $25,915.09
Year 4 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)5 $1,524.42 $0.00 $1,524.42
Year 4 73739 AXON PERFORMANCE - LICENSE 85 $10,367.96 $0.00 $10,367.96
Year 4 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 5 $59.96 $0.00 $59.96
Year 4 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $562.10 $0.00 $562.10
Year 4 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $0.00 $0.00 $0.00
Year 4 85055 AXON BODY - PSO - FULL SERVICE 1 $7,494.69 $0.00 $7,494.69
Year 4 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)5 $6,979.43 $0.00 $6,979.43
Year 4 BasicLicense Basic License Bundle 39 $7,124.64 $0.00 $7,124.64
Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 11 $2,805.40 $0.00 $2,805.40
Year 4 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 10 $925.50 $0.00 $925.50
Year 4 BWCamTAP Body Worn Camera TAP Bundle 85 $20,667.04 $0.00 $20,667.04
Year 4 Fleet3B Fleet 3 Basic 1 $1,200.46 $0.00 $1,200.46
Year 4 Fleet3B Fleet 3 Basic 33 $52,882.91 $0.00 $52,882.91
Year 4 H00001 AB4 Camera Bundle 85 $13,521.35 $0.00 $13,521.35
Year 4 H00002 AB4 Multi Bay Dock Bundle 11 $3,377.83 $0.00 $3,377.83
Year 4 H00003 AB4 1-Bay Dock Bundle 10 $429.07 $0.00 $429.07
Year 4 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $651.51 $0.00 $651.51
Year 4 ProLicense Pro License Bundle 85 $41,404.96 $0.00 $41,404.96
Total $230,395.64 $0.00 $230,395.64
Feb 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 85 $10,367.96 $0.00 $10,367.96
Year 5 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 5 $1,405.25 $0.00 $1,405.25
Year 5 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 5 $1,585.69 $0.00 $1,585.69
Page 9 Q-589992-45560.603NB
Feb 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 50041 AXON INTERVIEW - STREAMING SERVER LICENSE - PER SERVER 2 $655.79 $0.00 $655.79
Year 5 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $741.53 $0.00 $741.53
Year 5 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $227.95 $0.00 $227.95
Year 5 50220 AXON INTERVIEW - POE SWITCH - 8 PORT 2 $426.09 $0.00 $426.09
Year 5 50294 AXON INTERVIEW - SERVER - LITE 2 $1,394.94 $0.00 $1,394.94
Year 5 50298 AXON INTERVIEW - CAMERA - OVERT DOME 5 $930.20 $0.00 $930.20
Year 5 50322 AXON INTERVIEW - TOUCH PANEL PRO 5 $3,078.66 $0.00 $3,078.66
Year 5 50448 AXON INTERVIEW - EXT WARRANTY 5 $1,319.30 $0.00 $1,319.30
Year 5 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 85 $10,367.96 $0.00 $10,367.96
Year 5 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)85 $25,915.09 $0.00 $25,915.09
Year 5 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)5 $1,524.42 $0.00 $1,524.42
Year 5 73739 AXON PERFORMANCE - LICENSE 85 $10,367.96 $0.00 $10,367.96
Year 5 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 5 $59.96 $0.00 $59.96
Year 5 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $562.10 $0.00 $562.10
Year 5 80190 AXON EVIDENCE - CHANNEL SERVICES 1 $0.00 $0.00 $0.00
Year 5 85055 AXON BODY - PSO - FULL SERVICE 1 $7,494.69 $0.00 $7,494.69
Year 5 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)5 $6,979.43 $0.00 $6,979.43
Year 5 BasicLicense Basic License Bundle 39 $7,124.64 $0.00 $7,124.64
Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 11 $2,805.40 $0.00 $2,805.40
Year 5 BWCamSBDTAP Body Worn Camera Single-Bay Dock TAP Bundle 10 $925.50 $0.00 $925.50
Year 5 BWCamTAP Body Worn Camera TAP Bundle 85 $20,667.04 $0.00 $20,667.04
Year 5 Fleet3B Fleet 3 Basic 33 $52,882.91 $0.00 $52,882.91
Year 5 Fleet3B Fleet 3 Basic 1 $1,200.46 $0.00 $1,200.46
Year 5 H00001 AB4 Camera Bundle 85 $13,521.35 $0.00 $13,521.35
Year 5 H00002 AB4 Multi Bay Dock Bundle 11 $3,377.83 $0.00 $3,377.83
Year 5 H00003 AB4 1-Bay Dock Bundle 10 $429.07 $0.00 $429.07
Year 5 InteriorCam FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE 2 $651.51 $0.00 $651.51
Year 5 ProLicense Pro License Bundle 85 $41,404.96 $0.00 $41,404.96
Total $230,395.64 $0.00 $230,395.64
Page 10 Q-589992-45560.603NB
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to
the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix
as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Page 11 Q-589992-45560.603NB
\s1\\d1\
Signature Date Signed
9/25/2024
SAM COLUCCI EDEN PRAIRIE POLICE DEPARTMENT
9494 HEMLOCK LANE NORTH ADITI SALUNKE
MAPLE GROVE,MN 55369 8080 MITCHELL ROAD
PHONE: 920-544-4311 EDEN PRAIRIE, MN 55344
FAX: 920-468-8615 9/23/2024
scolucci@baycominc.com 952-949-8520
asalunke@edenprairie.orgQUOTE NO. SC20240923C
PRICING AND FINANCIAL OPTIONS SPECIFIC TO THIS OFFERING:EQUIPMENT DETAILS AND PRICING
QTY MODEL AND DESCRIPTION UNIT PRICE TOTAL PRICE
Minnesota State Contract Number 179907
33 Cradlepoint R1900-5GB Router $2,257.00 $74,481.00
Dual Band 5G, LTE
802.11a/b/g/n/ac/ax
4 Port Switch, GigE Includes 5 Years NetCloud Mobile Performance Essentials
33 Panorama GP-IN2680 $425.00 $14,025.00
7-in-1 Sharfin Antenna
5m Cables
(4) MIMO 4G/5G, (2) MIMO Wi-Fi, GPS
OPTIONS:
GP-IN2679 Antenna (Adds Bluetooth): $38.00 per AntennaAdd Advanced Plan to NetCloud Mobile Performance Essentials: $695.00 per Cradlepoint
Antenna Mount Adapter for Ford Intercepters: $31.00 each
EQUIPMENT COST:$88,506.00
Payment With Order: Net 30 Days SHIPPING:Included
Quotation Good for 15 Days TAX:Exempt
We impose a surcharge of 2% on credit card purchases over TOTAL:$88,506.00
$1,000.00 which is not greater than our cost of acceptance.
Your signature is an agreement to purchase and an acceptance of Baycom's Terms & Conditions
(http://terms.baycominc.com)
Approved By: ___________________________________________________ /_____________________
AUTHORIZED CUSTOMER SIGNATURE DATE
All of the information listed on this proposal is confidential and proprietary information.
If You Have Any Questions, Please Contact Sam Colucci at 920-544-4311
,
Quote Date:09/06/2024
Expiration Date:12/05/2024
Quote Created By:Nathan KinseyNate.Kinsey@motorolasolutions.com
End Customer:
EDEN PRAIRIE POLICE DEPT
Jordan Koras
Payment Terms:30 NET
Summary:
Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Termsand Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.
Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.
Line #
Item Number
Description
Qty
Term
Sale Price
Ext. Sale Price
VideoManager EL or EX:
Video Evidence
Management
1
WGC02001
VIDEOMANAGER EL CLOUD,
ANNUAL UNLIMITED
STORAGE PER BODY WORN
CAMERA*
1
5 YEAR
$3,475.00
$3,475.00
Grand Total
$3,475.00(USD)
QUOTE-2780500EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 1
Pricing Summary
Sale Price
Upfront Costs for Hardware, Accessories and Implementation (if applicable)$695.00
Year 2 Subscription Fee $695.00
Year 3 Subscription Fee $695.00
Year 4 Subscription Fee $695.00
Year 5 Subscription Fee $695.00
Grand Total System Price (Inclusive of Upfront and Annual Costs)$3,475.00
*Upfront costs include the cost of Hardware, Accessories and Implementation, where applicable.
Notes:
● The Pricing Summary is a breakdown of costs and does not reflect the frequency at which you will be invoiced.
●
Additional information is required for one or more items on the quote for an order.
●
Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and ServicesTax, sales tax, Value Added Tax and other taxes of a similar nature). Any tax the customer is subject to will beadded to invoices.
●
Unless otherwise noted in this quote / order, installation of equipment is not included.
QUOTE-2780500EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 2
1VIDEOMANAGER EL CLOUD SOLUTION DESCRIPTION
VideoManager EL Cloud simplifies evidence management, automates
data maintenance, and facilitates management of the Customer’s cloud-
based, off-premises storage solution.
It is compatible with V300/V700 body-worn cameras and M500 in-car
video systems, as well as, legacy VISTA body-worn cameras and 4RE
in-car video systems enabling the Customer to upload video evidence
quickly and securely. VideoManager EL Cloud allows live streaming from
the V300/V700 body-worn cameras and the M500 in-car video system to
CommandCentral Aware.
VIDEO EVIDENCE MANAGEMENT
VideoManager EL Cloud delivers benefits to all aspects of video evidence administration. With this streamlined
process, the Customer minimizes the amount of time spent manually managing evidence, allowing your team to
spend more time in the field.
Simplified Evidence Review
VideoManager EL Cloud makes evidence review easier by allowing users to upload evidence into cloud storage
from their in-field devices. This information includes a recording’s date and time, device used to capture the
evidence, event ID, officer name, and event type. This allows the Customer to view recordings of an incident that
were taken from several devices simultaneously, eliminating the task of reviewing irrelevant footage. Its built-in
media player includes a visual display for incident data, highlighting moments of interest when lights, sirens, or
brakes are activated during the event timeline.
Other relevant files, such as PDFs, spreadsheets, reports, third-party videos, audio recordings, pictures, and
drawings can also be grouped together and stored under a specific case entry, allowing all pertinent information
to be stored together.
Easy Evidence Sharing
VideoManager EL Cloud allows you to easily share information by exporting evidence. Ways to export evidence
include downloading to a PC, sharing evidence through a cloud-based service, or Rimage. Rimage is a robust
tool responsible for exporting evidence to DVD/BR discs.
Automatic Data Maintenance
VideoManager EL Cloud can schedule the automatic purging of events based on recorded event category and
age. It is user customizable.
Security
The Customer will sync security groups and users from the Azure Active Directory. In VideoManager EL Cloud,
the Customer can grant groups access to the evidence on an as-needed basis.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 3
Integration with In-Car Video Systems and Body-Worn Cameras
Video and audio captured by the integration of in-car video systems (4RE, M500) and body-worn cameras
(VISTA, V300, V700) are automatically linked in VideoManager EL Cloud based on time, officer name, or group
recordings. The Customer can utilize synchronized playback and export of video and audio from multiple devices
in the same recording group.
DEVICE MANAGEMENT
The Customer can easily manage, configure, and deploy their in-car and body-worn cameras in VideoManager
EL Cloud. Body-worn cameras are checked out to a given officer, where VideoManager EL Cloud keeps record of
who last had the body-worn camera. In contrast, in-car video systems are configured with a list of officers who are
authorized to use it. When an officer logs into the device, the officer is marked as the owner of any evidence that
is created by the device. VideoManager EL Cloud does not display the officer’s name who is currently associated
with the in-car video system, but it does for body-worn cameras.
VideoManager EL Cloud’s Rapid Checkout Kiosk feature allows agencies to take advantage of pooled body-worn
cameras. The cameras can be checked out at the beginning of a shift using an easy-to-use interface. At the end
of a shift, the body-worn camera will be returned to its dock, where video is automatically uploaded. The camera
is then ready to be checked out for the next shift.
The in-car and body-worn cameras can also be configured to remember preference settings for each user,
including volume level, screen brightness and camera aim. These settings are applied whenever a device is
assigned to a specific user. There are other settings in VideoManager EL Cloud that will enable the Customer to
configure devices to operate in alignment with your agency’s policies and procedures.
REPORTING
VideoManager EL Cloud’s Report Management allows the creation of reports that will give the Customer greater
insight into the system. Reports are created to provide a specific type of data from a specified time period. Report
types cover areas such as recorded event details, purged recorded events, recorded events with unknown
metadata, body-worn camera assignments, device use, and case details.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 4
MOBILE VIDEO PRODUCTS NEW SYSTEM STATEMENT OF WORK
OVERVIEW
This Statement of Work (SOW) outlines the responsibilities of Motorola Solutions, Inc. (Motorola) and the
Customer for the implementation of body-worn camera(s) and/or in-car video system(s) and your digital evidence
management solution. For the purpose of this SOW, the term “Motorola” may refer to our affiliates,
subcontractors, or certified third-party partners. A third-party partner(s) (Motorola-certified installer) will work on
Motorola’s behalf to install your in-car video system(s) (if applicable).
This SOW addresses the responsibilities of Motorola and the Customer that are relevant to the implementation of
the hardware and software components listed in the Solutions Description. Any changes or deviations from this
SOW must be mutually agreed upon by Motorola and the Customer and will be addressed in accordance with the
change provisions of the Contract. The Customer acknowledges any changes or deviations from this SOW may
incur additional cost.
Motorola and the Customer will work to complete their respective responsibilities in accordance with the Project
Schedule. Any changes to the Project Schedule must be mutually agreed upon by both parties in accordance with
the change provisions of the Contract.
Unless specifically stated, Motorola will perform the work remotely. The Customer will provide Motorola personnel
with access to their network and facilities so Motorola is able to fulfill its obligations. All work will be performed
during normal business hours based on the Customer’s time zone (Monday through Friday from 8:00 a.m. to 5:00
p.m.).
The number and type of software subscription licenses, products, or services provided by Motorola are
specifically listed in the Contract and referenced in the SOW. Services provided under this SOW are governed by
the mutually executed Contract between the parties, or Motorola’s Master Customer Agreement and applicable
addenda (“Contract”).
AWARD, ADMINISTRATION, AND PROJECT INITIATION
Project Initiation and Planning will begin following the execution of the Contract between Motorola and the
Customer. At the conclusion of Project Planning, Motorola’s Project Manager (PM) will begin status meetings and
provide status reports on a regular cadence with the Customer’s PM. The status report will provide a summary of
activities completed, activities planned, progress against the project schedule, items of concern requiring
attention, as well as, potential project risks and agreed upon mitigation actions.
Motorola utilizes Google Meet as its teleconference tool. If the Customer desires to use an alternative
teleconferencing tool, any costs incurred from the use of this alternate teleconferencing tool will be the
responsibility of the Customer.
FBI-CJIS SECURITY POLICY – CRIMINAL JUSTICE INFORMATION
CJIS Security Policy Compliance
Motorola does not believe our Mobile Video offerings (i.e. in-car/body-worn cameras) require compliance with the
FBI-CJIS Security Policy (CJISSECPOL) based on the definition in Section 4 of CJISSECPOL and how the FBI-
CJIS defines Criminal Justice Information. However, Motorola does design its products with the CJISSECPOL
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 5
security controls as a guide. Motorola’s Mobile Video system design and features support best practice security
controls and policy compliance. In the event of a CJIS technical audit request, Motorola will support the Customer
throughout this process.
Personnel Security – Background Screening
Motorola will assist the Customer with completing the CJIS Security Policy Section 5.12 Personnel Security
related to authorized personnel background screening when requested to do so by the Customer. Based on
Section 5.12, a Motorola employee is defined as someone who is required to be on the Customer’s property with
unescorted access. Motorola employees will also have access to the Customer’s network(s) and stored
information. Motorola has remote access tools to support virtual escorted access to on-premises customer assets.
Additionally, Motorola performs independent criminal background investigations including name based
background checks, credential and educational vetting, credit checks, U.S. citizen and authorized worker identity
verification on its employees.
Motorola will support the Customer in the event of a CJIS audit request to validate employees assigned to the
project requiring CJIS Section 5.12 Personnel Security screening and determine whether this list is up to date and
accurate. Motorola will notify the Customer within 24 hours or next business day of a personnel status change.
Security Awareness Training
Motorola requires all employees who will support the Customer to undergo Level 3 Security Awareness Training
provided by Peak Performance and their CJIS online training platform. If the Customer does not have access to
these records, Motorola can facilitate proof of completion. If the Customer requires additional and/or separate
training, Motorola will work with the Customer to accommodate this request at an additional cost.
CJIS Security Addendum
Motorola requires all employees directly supporting the Customer to sign the CJIS Security Addendum if required
to do so by the Customer.
Third Party Installer
The Motorola-certified third party installer will work independently with the Customer to complete the Section 5.12
Personnel Security checks, complete Security Awareness Training and execute the CJIS Security Addendum.
COMPLETION CRITERIA
The project is considered complete once Motorola has completed all responsibilities listed in this SOW. The
Customer’s task completion will occur based on the Project Schedule to ensure Motorola is able to complete all
tasks without delays. Motorola will not be held liable for project delays due to incomplete Customer tasks.
The Customer must provide Motorola with written notification if they do not accept the completion of Motorola
responsibilities. Written notification must be provided to Motorola within ten (10) business days of task completion.
The project will be deemed accepted if no written notification is received within ten (10) business days.
In the absence of written notification for non-acceptance, beneficial use will occur thirty (30) days after functional
demonstration of the system.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 6
SUBSCRIPTION SERVICE PERIOD
If the contracted system includes a subscription, the subscription service period will begin upon the Customer’s
receipt of credentials for access. The provision and use of the subscription service is governed by the Contract.
PROJECT ROLES AND RESPONSIBILITIES OVERVIEW
Motorola Project Roles and Responsibilities
The Motorola Project Team will be assigned to the project under the direction of the Motorola PM. Each team
member will be engaged in different phases of the project as necessary. Some team members will be multi-
disciplinary and may fulfill more than one role.
In order to maximize effectiveness, the Motorola Project Team will provide various services remotely by
teleconference, web-conference, or other remote method in order to fulfill our commitments as outlined in this
SOW.
Our experience has shown customers who take an active role in the operational and educational process of their
system realize user adoption sooner and achieve higher levels of success with system operation. The
subsections below provide an overview of each Motorola Project Team Member.
Project Manager (PM)
The PM will be the principal business representative and point of contact for Motorola. The PM’s responsibilities
may include but are not limited to:
• Manage Motorola responsibilities related to the delivery of the project.
• Maintain the Project Schedule, and manage assigned Motorola personnel, subcontractors, and suppliers as applicable.
• Coordinate schedules of assigned Motorola personnel, subcontractors, and suppliers as applicable.
• Conduct equipment inventory if applicable.
• Maintain project communications with the Customer.
• Identify and manage project risks.
• Coordinate collaboration of Customer resources to minimize project delays.
• Evaluate project status against Project Schedule.
• Conduct status meetings on mutually agreed upon dates to discuss project status.
• Provide timely responses to Customer inquiries and issues related to project progress.
• Conduct daily status calls with the Customer during Go-Live.
Post Sales Engineer
The Post Sales Engineer will work with the Customer’s Project Team on:
• Discovery validation.
• System provisioning.
• Covers the IT portion of the Project Kickoff Call with the Customer.
• Contracted data migration between two disparate digital evidence management systems (if applicable).
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 7
System Technologist (ST)
The ST will work with the Customer’s Project Team on:
• Configure Customer’s digital evidence management system.
• Inspect installation and configure hardware devices.
• Provide instructions to the Customer on how to configure the hardware.
• Review Deployment Checklist with the Customer.
• Develop and submit a Trip Report.
• Update Customer IP Map.
Professional Services Engineer (if applicable)
The Professional Services Engineer is engaged on projects that include integration between Motorola’s digital
evidence management system and the Customer’s third-party software application. Their responsibilities include:
• Delivery of the interface between Motorola’s digital evidence management system and the Customer’s third-party software (e.g. CAD).
• Work with the Customer to access required systems/data.
Application Specialist (if applicable)
The Application Specialist will work with the Customer Project Team on system provisioning and education. The
Application Specialist’s responsibilities include but are not limited to:
• Deliver provisioning education and guidance to the Customer for operating and maintaining their system.
• Provide product education as defined by this SOW and described in the Education Plan.
• Provide on-site training based on the products the Customer purchased.
Technical Trainer / Instructor
The Technical Trainer / Instructor provides training on-site or remote depending on the training topic and
deployment services purchased.
Motorola-Certified Installer
The Motorola-certified installer is primarily responsible for installing in-car video systems (ICVs) into Customer
vehicles. There are specific requirements the 3rd party partner must meet in order to be considered a Motorola-
certified installer, and they include the following:
• Required Training
- WTG0501 - M500 Vehicle Installation Certification (Remote) or WTG0503 - M500 Vehicle Installation Certification (Live)
Needs to be renewed yearly.
Needs to be submitted to the PM by the technician completing the installation no less than thirty (30) days prior to the installation.
- Review of any previous Motorola Solutions Technical Notifications (MTNs).
• Optional Training
- WGD00186 - M500 Installation Overview and Quick Start (NA)
Not required for installation. Available for the installing technician.
- WGD00177 - M500 In-Car Video System Installation Guide
Not required for installation. Available for the installing technician.
- MN010272A01 - M500 In-Car Video System Basic Service Manual
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 8
Not required for installation. Available for the installing technician.
Other responsibilities the Motorola-certified installer may be involved in include the installation of cellular routers
or Access Points. These activities will only be completed by Motorola if Motorola quotes these services;
otherwise, the completion of these services are solely the responsibility of the Customer.
Customer Support Services Team
The Customer Support Services Team will provide on-going support to the Customer following Go-Live and final
acceptance of the project.
Customer Project Roles and Responsibilities
Motorola has defined key resources that are critical to this project and must participate in all the activities defined
in this SOW. During the Project Planning phase, the Customer will be required to provide names and contact
information for the roles listed below. It is critical that these resources are empowered to make decisions based
on the Customer’s operational and administration needs. The Customer Project Team will be engaged from
Project Initiation through Beneficial Use of the system. In the event the Customer is unable to provide the
resources identified in this section, Motorola may be able to supplement these resources at an additional cost.
Project Manager
The PM will act as the primary point of contact for the duration of the project. In the event the project involves
multiple locations, Motorola will work exclusively with the Customer’s primary PM. The PM’s responsibilities will
include, but are not limited to:
• Communicate and coordinate with other project participants.
• Manage the Customer Project Team including subcontractors and third-party vendors. This includes timely
facilitation of tasks and activities.
• Maintain project communications with the Motorola PM.
• Identify tasks required of Customer staff that are outlined in this SOW and the Project Schedule.
• Consolidate all project inquiries from Customer staff to present to Motorola PM.
• Approve a deployment date offered by Motorola.
• Review Project Schedule with the Motorola PM and finalize tasks, dates, and responsibilities.
• Measure and evaluate progress against the Project Schedule.
• Monitor project to ensure resources are available as required.
• Attend status meetings.
• Provide timely responses to issues related to project progress.
• Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers.
• Review and administer change control procedures, hardware and software certification, and all related project tasks required to meet the deployment date.
• Ensure Customer vendors’ readiness ahead of the deployment date.
• Assign one or more personnel to work with Motorola staff as needed for the duration of the project, including one or more representatives from the IT department.
• Identify a resource with authority to formally acknowledge and approve milestone recognition certificates, as
well as, approve and release payments in a timely manner.
• Provide Motorola personnel with access to all Customer facilities where system equipment is to be installed. Temporary identification cards are to be issued to Motorola personnel, if required for access.
• Ensure remote network connectivity and access for Motorola resources.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 9
• Assume responsibility for all fees pertaining to licenses, inspections and any delays associated with
inspections due to required permits as applicable to this project.
• Provide reasonable care to prevent equipment exposure from contaminants that may cause damage to the equipment or interruption of service.
• Ensure a safe working environment for Motorola personnel.
• Identify and manage project risks.
• Provide signature(s) of Motorola-provided milestone recognition certificate(s) within ten (10) business days of receipt.
IT Support
IT Support manages the technical efforts and ongoing activities of the Customer’s system. IT Support will be
responsible for managing Customer provisioning and providing Motorola with the required information for LAN,
WAN, server and client infrastructure.
The IT Support Team responsibilities include but are not limited to:
• Participate in delivery and training activities to understand the software and functionality of the system.
• Participate with Customer Subject Matter Experts (SMEs) during the provisioning process and associated
training.
• Authorize global provisioning decisions and be the Point of Contact (POC) for reporting and verifying problems.
• Maintain provisioning.
• Implement changes to Customer infrastructure in support of the proposed system.
Video Management Point of Contact (POC)
The Video Manager POC will educate users on digital media policy, participate in Discovery tasks, and complete
the Video Management Administration training. The Customer is responsible for its own creation and enforcement
of media protection policies and procedures for any digital media created, extracted, or downloaded from the
digital evidence management system.
Subject Matter Experts (SMEs)
SMEs are a core group of users involved with the analysis, training and provisioning process, including making
decisions on global provisioning. The SMEs should be experienced users in their own respective field (evidence,
dispatch, patrol, etc.) and should be empowered by the Customer to make decisions based on provisioning,
workflows, and department policies related to the proposed system.
Training POC
The Training POC will act as the course facilitator and is considered the Customer’s educational monitor. The
Training POC will work with Motorola when policy and procedural questions arise. They will be responsible for
developing any agency specific training material(s) and configuring new users on the Motorola Learning
eXperience Portal (LXP) system. This role will serve as the first line of support during Go-Live for the Customer’s
end users.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 10
General Customer Responsibilities (if applicable)
In addition to the Customer responsibilities listed above, the Customer is responsible for the following:
• All Customer-provided equipment, including third-party hardware and software needed for the proposed system but not listed as a Motorola deliverable. Examples include end user workstations, network equipment, etc.
• Configure, test, and maintain third-party system(s) that will interface with the proposed system.
• Establish an Application Programming Interface (API) for applicable third-party system(s) and provide documentation that describes the integration to the Motorola system.
• Coordinate and facilitate communication between Motorola and Customer third-party vendor(s) as required.
• Motorola-certified installers must be certified through LXP for remote or in person installation training. The Customer is responsible for work performed by non-certified installers.
• Upgrades to Customer’s existing system(s) in order to support the proposed system.
• Mitigate the impact of upgrading Customer third-party system(s) that will integrate with the proposed system. Motorola strongly recommends working with the Motorola Project Team to understand the impact of such upgrades prior to taking action.
• Active participation of Customer SMEs during the course of the project.
• Electronic versions of any documentation associated with business processes identified.
• Providing a facility with the required computer and audio-visual equipment for training and work sessions.
• Ability to participate in remote project meetings using Google Meet or a mutually agreed upon Customer-provided remote conferencing tool.
Motorola is not responsible for any delays that arise from Customer’s failure to perform the responsibilities
outlined in this SOW or delays caused by Customer’s third-party vendor(s) or subcontractor(s).
NETWORK AND HARDWARE REQUIREMENTS
The following requirements must be met by the Customer prior to Motorola installing the proposed system:
• Provide network connectivity for the transfer and exchange of data for the proposed system.
• Provide Virtual Private Network (VPN) remote access for Motorola personnel to configure the system and
conduct diagnostics.
• Provide Internet access to server(s).
• Provide devices such as workstations, tablets, and smartphones with Internet access for system usage.
Chrome is the recommended browser for optimal performance. The workstations must support MS Windows 11 Enterprise.
• Provide and install antivirus software for workstation(s).
• Provide Motorola with administrative rights to Active Directory for the purpose of installation, configuration, and support.
• Provide all environmental conditions such as power, uninterruptible power sources (UPS), HVAC, firewall and network requirements.
• Ensure required traffic is routed through Customer’s firewall.
Motorola is not responsible for any costs or delays that arise from Customer’s failure to meet network and
hardware requirements.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 11
PROJECT PLANNING
A clear understanding of the needs and expectations of Motorola and the Customer is critical to fostering a
collaborative environment of trust and mutual respect. Project Planning requires the gathering of specific
information to set clear project expectations and guidelines, as well as lay the foundation for a successful
implementation.
PROJECT PLANNING SESSION
A Project Planning Session will be scheduled after the Contract has been executed. The Project Planning Session
is an opportunity for the Motorola and Customer PM to meet prior to the Project Kickoff Meeting and review key
elements of the project and expectations. Depending on the items purchased, the agenda will typically include:
• A high level review of the following project elements:
- Contract documents.
- A summary of contracted applications and hardware as purchased.
- Customer’s involvement in project activities to confirm understanding of scope and required time commitments.
- A high level Project Schedule with milestones and dates.
• Confirm CJIS background investigations and fingerprint requirements for Motorola employees and/or subcontractors.
• Determine Customer location for Motorola to ship their equipment for installation.
Motorola Responsibilities
• Schedule the remote Project Planning Session.
• Request the assignment of Customer Project Team and any additional Customer resources that are instrumental to the project’s success.
• Provide the initial Project Schedule.
• Baseline the Project Schedule.
• Review Motorola’s delivery approach and its reliance on Customer-provided remote access.
• Document mutually agreed upon Project Kickoff Meeting Agenda.
• Request user information required to establish the Customer in LXP.
Customer Responsibilities
• Identify Customer Project Team and any additional Customer resources that are instrumental to the project’s success.
• Acknowledge the mutually agreed upon Project Kickoff Meeting Agenda.
• Provide approval to proceed with the Project Kickoff Meeting.
Motorola Deliverables
• Project Kickoff Meeting Agenda.
PROJECT KICKOFF
Motorola will work with the Customer to understand the impact of introducing a new solution and the
preparedness needed for a successful implementation.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 12
Note – The IT Questionnaire is completed during the pre-sales process and prior to Contract award. The IT Questionnaire is given to Motorola at the time of offer acceptance. Delay in completing the IT Questionnaire may
delay shipment of equipment. Motorola will not be responsible for any delays associated with or related to the completion of the IT Questionnaire.
Motorola Responsibilities
• Review Contract documents including project delivery requirements as described in this SOW.
• Discuss the deployment start date and deliver the Deployment Checklist.
• Discuss vehicle equipment installation activities and responsibilities.
• Discuss the equipment inventory process (if applicable).
• Discuss project team participants and their role(s) in the project with fulfilling the obligations of this SOW.
• Review resource and scheduling requirements.
• Discuss Motorola remote system access requirements (24-hour access to a secured two-way Internet connection through the Customer’s firewall for the purpose of deployment and maintenance).
• Discuss and deliver the Business Process Review (BPR) Workbook.
• Complete all necessary documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola resources to gain access to Customer facilities.
• Discuss the LXP training approach.
• Provide designated Customer administrator with access to LXP.
• Review and agree on completion criteria and the process for transitioning to support.
Customer Responsibilities
• Provide feedback on project delivery requirements.
• Review the Deployment Checklist.
• Review the roles of project participants to identify decision-making authority.
• Provide VPN access to Motorola personnel to facilitate delivery of services described in this SOW.
• Validate non-disclosure agreements, approvals, and other related items are complete (if applicable).
• Provide all documentation (i.e. fingerprints, background checks, card keys, etc.) required for Motorola
resources to gain access to Customer facilities.
• Provide Motorola with names and contact information to the designated LXP Administrator(s).
Motorola Deliverables
• Project Kickoff Meeting Minutes.
• BPR Workbook.
• Deployment Checklist.
DISCOVERY TELECONFERENCE
During the Discovery Teleconference, Motorola will meet with the Customer to define system configuration, as
well as, agency recording and retention policies. This information will be documented in the Business Process
Review (BPR) Workbook, which is used as a guide for configuration and provisioning decisions.
Motorola Responsibilities
• Facilitate Discovery Teleconference(s).
• Review and complete BPR Workbook with the Customer.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 13
• Confirm Customer-provided configuration inputs.
Customer Responsibilities
• Gather and review information required to complete the BPR Workbook during the Discovery Teleconference.
• Schedule Customer Project Team and SMEs to attend the Discovery Teleconference. SMEs should be
present to weigh-in on hardware, software and network components. Customer attendees should be empowered to convey policies and make modifications to policies as necessary.
• Return completed BPR Workbook no later than five (5) business days after the conclusion of the Discovery
Teleconference.
Motorola Deliverables
• Completed BPR Workbook.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 14
PROJECT EXECUTION
HARDWARE PROCUREMENT AND INSTALLATION
Motorola will procure contracted hardware as part of the ordering process. The hardware will be configured with a
basic profile in line with the information provided by the IT Questionnaire or Discovery Teleconference for
installation and configuration of the system. The Customer is responsible for providing an installation environment
that meets manufacturer’s specifications for the hardware, which includes but is not limited to:
• Power
• Heating and Cooling
• Network Connectivity
• Access and Security
• Conduit and Cabling
Motorola Responsibilities
• Procure contracted equipment and ship to the Customer's designated location.
• Inventory equipment after arrival at Customer location (if applicable).
• Install backend server in Customer's designated area (if applicable).
• Conduct a power-on test to validate the installed hardware and software are ready for configuration.
• Verify remote connection to hardware.
• For an on-site deployment, Motorola will be responsible for verifying the body-worn camera Transfer Stations are connected to the Customer’s network. The Customer is responsible for ensuring Motorola has the correct IP address(es) for configuring the Transfer Stations, and the Customer’s network is operational.
• The installer will be responsible for installing the Access Point(s) (APs) if provided by Motorola (if applicable).
• The ST will verify whether the AP(s) are properly installed and connected to the network (if applicable).
• Create a Trip Report outlining the activities completed during configuration and testing of system hardware.
Customer Responsibilities (if applicable)
• Procure Customer-provided equipment and make it available at the installation location.
• Confirm the server room complies with environmental requirements (i.e. power, uninterruptible power, surge protection, heating/cooling, etc.).
• Verify the server is connected to the Customer’s network.
• Provide, install, and maintain antivirus software for server(s) and/or workstation(s).
• Enable outgoing network connection (external firewall) to the CommandCentral cloud by utilizing the Customer’s Internet connection (if applicable).
• Install Customer-supplied APs (if applicable).
• Verify APs are properly installed and connected to the network (if applicable).
• For remote deployments, the Customer is responsible for verifying the body-worn camera Transfer Stations are connected to their network.
• Confirm access to installed software on Customer-provided workstation(s).
• For body-worn cameras, the Customer will verify whether the Transfer Station(s) are connected to their network.
Motorola Deliverables
• Contracted Equipment.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 15
• Equipment Inventory (if applicable).
In-Car Video System Configuration (if applicable)
The Motorola-certified installer will complete the installation of the in-car video (ICV) system(s) within the
Customer-provided vehicle(s). The installer may also be responsible for installing cellular routers or WiFi radios
inside the vehicle(s) for wireless upload of video to the Customer’s digital evidence management system.
The Customer vehicles must be available for the ST to complete the configuration and testing of the contractual
number of ICVs. If the Customer does not have all vehicles available during the agreed upon date and time, the
Customer may opt to sign-off on the number of ICV configurations completed. If the Customer requires the ST to
complete the full contractual number of ICVs at a later date and time, additional cost may be incurred. Table 1-1
shows the number of ICVs an ST is contractually obligated to configure and test based on the number of ICVs
purchased.
Table 1-1: Number of Contractual ICV Configurations
Number of ICV Purchased Number of ICV to Test
1 1
2 2
3 3
4 4
5 - 25 5
26 - 50 10
51 - 75 15
76 - 100 20
101 - 150 30
151 - 200 40
201+ 20%
Note – The Pricing Page will reflect in-car video installation services by Motorola if Motorola is responsible for the vehicle installations.
Motorola Responsibilities
• Setup server for ICV digital video recorder (DVR) configuration.
• Create configuration USB used to complete ICV hardware configuration and validation.
• Travel to the Customer site to conduct configuration and testing of ICVs.
• Complete ICV configuration on a single vehicle, and validate the configuration with the Customer.
• Receive Customer approval to proceed with remaining ICV configurations.
• Complete remaining contracted vehicle configurations.
• Test a subset of completed ICV hardware configurations.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 16
• For Motorola-certified installer, complete the installation of cellular router and confirm placement of antenna
mounting with Customer (if applicable).
• The Motorola-certified installer will install Customer-provided SIM card into cellular router and connect cellular router to ICV (if applicable).
• Activities surrounding ICV (M500) interface to Automatic License Plate Recognition (ALPR) (if applicable).
- Install Car Detector Mobile MDC Software on Customer-provided mobile data terminal (MDT) within the vehicle.
- Configure MDC Network Card.
Customer Responsibilities
• Provide Motorola with remote connection and access credentials to complete ICV hardware configuration.
• Notify Motorola of the vehicle installation location.
• Coordinate and schedule date and time for ICV hardware configuration(s).
• Make ICV hardware available to Motorola for configuration and testing in accordance with the Project Schedule.
• Provide cellular SIM Card for Internet connectivity to the installer at time of vehicle installation.
Motorola Deliverables
• Complete Functional Validation Plan as it applies to the proposed solution.
NOTE - The Customer is responsible for having all vehicles and devices available for installation per the Project
Schedule. All cellular data fees and Internet connectivity charges are the responsibility of the Customer. If a Motorola-certified installer is not used to install the ICV(s), Motorola is not responsible for any errors in hardware
installation, performance or delays in the Project Schedule. In the event the Customer takes on the responsibility of installing the ICV(s) through a Motorola-certified installer, Motorola is also not responsible for any errors in
hardware installation, performance or delays in the Project Schedule. For ALPR installations, an MDT is required for all vehicles (if applicable).
Body Worn Camera Configuration (if applicable)
The Transfer Station will be utilized to configure each body-worn camera according to the Business Process
Review. In order for this process to be successfully completed, the Transfer Station must be connected to the
Customer’s digital evidence management system. The table below shows the number of body-worn cameras an
ST is contractually obligated to configure and test based on the number of body-worn cameras purchased.
Table 1-2: Number of Contractual Body-Worn Camera Configurations
Number of BWC Purchased Number of BWC to Test
1 1
2 2
3 3
4 4
5 - 25 5
26 - 50 10
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 17
Number of BWC Purchased Number of BWC to Test
51 - 75 15
76 - 100 20
101 - 150 30
151 - 200 40
201+ 20%
Motorola Responsibilities
• Configure Transfer Station(s) for connectivity to the digital evidence management system.
• Verify the Transfer Station(s) is configured properly and connected to the network.
• Configure body-worn camera(s) within the digital evidence management system.
• Check out body-worn camera(s) and create a test recording.
• Verify completion of upload from body-worn camera(s) after it is docked in a Transfer Station or USB dock.
• Install and provide a demonstration of client software as part of the same on-site engagement as Go-Live, unless otherwise outlined in this SOW.
Customer Responsibilities
• Select physical location(s) for Transfer Station(s).
• Provide and install workstation hardware.
• Complete installation of client software on remaining workstations and mobile devices.
• Validate functionality of components and solution utilizing the Deployment Checklist.
• Provide Motorola remote connection information and necessary credentials.
Automatic License Plate Recognition (ALPR) Commissioning (if applicable)
This section highlights the responsibilities of Motorola and the Customer when an in-car video system interfaces
with the Law Enforcement Archival Report Network (LEARN) database.
Motorola Responsibilities
• Create a Customer account in the LEARN system with user emails.
• Verify the Customer has installed and launched the Vigilant Car Detector Mobile Software per the Vigilant LEARN Quickstart Guide.
• Provide Mobile LPR - Officer Safety Basic and Advanced Pre-Installation Checklist.
• Provide Agency Manager with Training Materials and Car Detector Mobile MDC software installation guide.
• Advise Agency Manager of different options available to add new users.
• Confirm Agency Manager is aware of registration required for Hotlists.
• Confirm Agency Manager understands how to set up data-sharing.
Customer Responsibilities
• Identify the Agency Manager.
• Register to receive access to Hotlists.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 18
SOFTWARE INSTALLATION AND CONFIGURATION
Motorola will install VideoManager Evidence Library (EL) software on a specified number of workstations dictated
by the Contract. The Customer will be responsible for installing the software on the remaining workstations.
Provisioning of VideoManager EL software will be done in accordance with the information contained in the BPR
Workbook.
Installation of VideoManager EL software consists of the following activities:
• Delivery and installation of server hardware (if applicable).
• Network discovery.
• Operating system and software installation.
• Onboarding user / group identity set up.
• Provide access to the application.
VideoManager EL (if applicable)
The VideoManager EL software is an on-premises solution that requires an onsite server and supports both body
worn cameras and in-car video systems.
Motorola Responsibilities
• Install software on a specified number of customer workstations and/or mobile devices.
• Use information provided in the BPR Workbook to configure VideoManager EL software.
• Test software using applicable portions of the Functional Validation Plan.
• Provide instruction on client software USB utility.
Customer Responsibilities
• Provide a network environment that conforms to the requirements presented in the Solution Description.
• Procure and install server and storage hardware at desired location in accordance with Solution Description requirements.
• Perform a power on test with Motorola.
• Provide assigned Motorola System Administrator with access to SQL database for installation purposes (Motorola’s access will be revoked upon conclusion of the installation).
• For Active Directory integration, provide domain user (service account), security group (for application administrators including service account), and domain read access (if applicable).
• Provide workstation and/or mobile device hardware in accordance with specifications listed in the Solution
Description.
• Complete online training.
• Complete installation of client software on remaining workstations and/or mobile devices.
VideoManager ELC (if applicable)
VideoManager ELC software is a cloud solution that does not require an onsite server and supports both body-
worn cameras and in-car video systems.
Motorola Responsibilities
• Use information provided in BPR Workbook to configure VideoManager ELC software.
• Based on Customer feedback, perform the following activities:
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 19
- Create users, groups, and setup permissions.
- Create event categories.
- Set retention policies.
• Test software using applicable portions of the Functional Validation Plan.
• Ensure training POC can access the system.
Customer Responsibilities
• Verify traffic can be routed through Customer’s firewall and reaches end user workstations.
CloudConnect Installation and Configuration (applicable for CommandCentral Aware purchase)
Motorola Responsibilities
• Verify remote access capability.
• Remotely configure CloudConnect Virtual Machine within the Cloud Anchor Server.
• Configure network connectivity and test connection to the CloudConnect Virtual Machine.
• Create an IPSEC tunnel.
• Provide Customer with the information for setting up the IPSEC tunnel.
Customer Responsibilities
• Provide Motorola with two static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP for the CloudConnect Virtual Machine and the Cloud Anchor Server.
• Confirm with Motorola the network performance requirements are met.
• Configure firewall to allow traffic from IPSEC tunnel.
Completion Criteria
• CloudConnect Virtual Machine configuration is complete and accessible throughout the network.
CommandCentral Evidence (if applicable)
Motorola will work with the Customer to determine best industry practices, current operations environment, and
subsystem integration to ensure optimal configuration of your CommandCentral Evidence solution.
Motorola Responsibilities
• Use the CommandCentral Admin Portal to provision users, groups, and rules based on Customer Active Directory data.
• Guide the Customer in the configuration of CommandCentral Evidence.
Customer Responsibilities
• Supply access and credentials to Customer’s Active Directory for the purpose of Motorola conducting CommandCentral Evidence provisioning.
• Respond to Motorola’s inquiries regarding users, groups and agency mapping to CommandCentral Evidence.
• Provision policies, procedures, and user permissions.
• Configure evidence as directed by Motorola.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 20
DATA MIGRATION SERVICES (IF APPLICABLE)
The Customer is responsible for partitioning data to be converted from a legacy or on-premises digital evidence
management system to an on-cloud solution as part of this offer. The Customer will have ten (10) business days
to provide feedback after Motorola validates the migrated data. If feedback is not received on or before ten (10)
business days, Motorola will assume the migration is complete.
Motorola Responsibilities
• Receive access to Customer video data.
• Perform contracted data migration and validation.
Customer Responsibilities
• Provide remote access to partitioned data to be migrated.
• Validate migrated dataset, and provide Motorola with feedback within ten (10) business days.
Completion Criteria
• A migrated dataset as defined in the Contract.
DEMS INTEGRATIONS AND THIRD-PARTY INTERFACES (IF APPLICABLE)
The integration between Motorola’s digital evidence management system and the Customer’s third-party system
may consist of an iterative series of activities depending on the complexity of accessing the third-party system.
Interfaces will be installed and configured in accordance with the Project Schedule. The Customer is responsible
for engaging third-party vendors as required to facilitate connectivity and testing of the interface(s).
Motorola Responsibilities
• Develop and configure interface(s) to support the functionality described in the Solution Description.
• Establish and validate connectivity between Motorola and third-party systems.
• Perform functional demonstration to confirm the interface(s) can transmit and receive data to the Customer’s digital evidence management system.
Customer Responsibilities
• Act as liaison between Motorola and third-party vendor(s) as required to establish connectivity to the digital evidence management system.
• Provide personnel authorized to make changes to the network and third-party systems to support Motorola’s integration efforts.
• Provide network connectivity between digital evidence management system and the third-party system(s).
• Provide information on API, SDKs, data scheme, and any documentation necessary to establish interfaces with all local and remote systems. This information should be provided to the Motorola PM within ten (10) business days of the Interface Engagement Meeting.
NOTE - At the time of initial design, unknown circumstances, requirements or anomalies may present difficulties with interfacing Motorola products to a third-party application. These difficulties could result in a poorly performing or a non-functional interface. By providing Motorola with this information early in the deployment process, will put us in the best position to mitigate these potential issues. If the resolution requires additional third-party integration, application upgrades, APIs, and/or additional software licenses, the Customer is responsible for addressing these issues at their cost. Motorola is not responsible for any delays or costs associated with third-party applications or Customer-provided third-party hardware or software.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 21
SYSTEM TRAINING
The objective of this section is to prepare for and deliver training. Motorola training consists of computer-based
(online) and instructor-led (on-site or remote) depending on what is purchased. Our training delivery methods will
vary depending on course content. Training will be delivered in accordance with the Education Plan. As part of
our training delivery, Motorola will provide user guides and training materials in an electronic format.
ONLINE TRAINING (IF APPLICABLE)
Online training is made available to the Customer through LXP. This subscription service provides customers with
unlimited access to our online training content and provides users with the flexibility of learning the content at their
own pace. Training content is added and updated on a regular basis to keep information current.
Through LXP, a list of available online training courses, Motorola User Guides, and Training Material are
accessible in electronic format.
Motorola Responsibilities
• Designate a LXP Administrator to work with the Customer.
• Establish an accessible instance of LXP for the Customer.
• Configure a Customer-specific portal view.
• Organize content to align with Customer’s selected technologies.
• Create initial Customer user accounts and a single Primary Administrator account.
• During onboarding, assist the Customer with LXP usage.
• Provide technical support for user account and access issues, LXP functionality, and Motorola managed
content.
• Provide instruction to Customer LXP Administrator on building groups.
Customer Responsibilities
• Provide user information for the initial creation of accounts.
• Complete LXP Administrator training.
• Ensure network and Internet connectivity for Customer access to LXP.
• Customer's primary LXP Administrator is required to complete the following self-paced training: LXP Introduction (LXP0001), LXP Primary Site Administrator Overview (LXP0002), and LXP Group Administrator Overview (LXP0003).
• Advise users on the availability of training through LXP.
• Ensure users complete LXP training in accordance with the Project Schedule.
• Build groups as needed.
INSTRUCTOR-LED TRAINING (ON-SITE AND REMOTE, IF APPLICABLE)
Instructor-led courses are based on products purchased and the Customer’s Education Plan.
Motorola Responsibilities
• Deliver User Guides and training materials in an electronic format.
• Perform training in accordance with the Education Plan.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 22
• Provide the Customer with training attendance rosters and summarize any pertinent information that may
impact end user training.
Customer Responsibilities
• Supply classroom(s) based on the requirements listed in the Education Plan.
• Designate training representatives who will work with the Motorola trainer(s) to deliver the training content.
• Facilitate training of all Customer end users in accordance with the Customer’s Education Plan.
Motorola Deliverables
• Electronic versions of User Guides and training materials.
• Attendance rosters.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 23
PROJECT GO-LIVE, CLOSURE, AND HANDOVER TO SUPPORT
Motorola will utilize the Deployment Checklist throughout the deployment process to verify features and
functionality are in line with installation and configuration requirements. The Customer will witness the ST
demonstrating the Deployment Checklist and provide feedback as features and functionality are demonstrated.
The Customer is considered Live on the system after the equipment has been installed, configured, and made
available for use, and training has been delivered or made available to the Customer.
Upon the conclusion of Go-Live, the project is prepared for closure. Project closure is defined as the completion of
tasks and the Customer’s receipt of contracted components. The Deployment Checklist serves as the artifact that
memorializes a project closure. A System Acceptance Certificate will be provided to the Customer for signature to
formally close out the project. The Customer has ten (10) business days to provide Motorola with a signed
System Acceptance Certificate. If the Customer does not sign off on this document or provide Motorola written
notification rejecting project closure, the project will be deemed closed. Upon project closure, the Customer will
engage with Technical Support for on-going needs in accordance with the Customer’s specific terms and
conditions of support.
Motorola Responsibilities
• Provide the Customer with Motorola Technical Support engagement process and contact information.
• Provide Technical Support with the contact information of Customer users who are authorized to engage Technical Support.
• Ensure Deployment Checklist is complete.
• Obtain Customer signature on the System Acceptance Certificate.
• Provide Customer survey upon closure of the project.
Customer Responsibilities
• Within ten (10) business days of receiving the System Acceptance Certificate, provide signatory approval signifying project closure.
• Provide Motorola with the contact information of users who are authorized to engage Motorola’s Technical Support.
• Engage Technical Support as needed.
Motorola Completion Criteria
Provide Customer with survey upon closure of the project.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 24
ASSUMPTIONS
This SOW is based on the following list of assumptions (if applicable):
• Videomanager EL Cloud (VMELC) must be connected to the Microsoft Entra ID (formally known as Microsoft Azure Active Directory) for user authentication to the VMELC application. Microsoft Entra ID can be
synchronized with the Customer's on-premises Active Directory using Azure AD Connect. If the Customer is using Microsoft Office 365, Motorola will be able to integrate with this Microsoft Entra ID.
• Must be 2003 or later for Microsoft Entra ID integration.
• Upload Speed Requirements for Hardware Devices
- 5 Mbps + 3 Mbps per additional device.
This assumes it will take 8 hours to upload 5 GB of video on a device.
- 40-50 Mbps per concurrent uploading device.
This assumes video is required to upload within 30-40 minutes with approximately 5 GB to upload.
• If the Customer is supplying an upload server to temporarily store video, please verify the server complies
with the specifications provided in the Solutions Description.
• By default, M500 ICVs and V300/V700 BWCs do not need an upload server for cloud deployments. An upload server may be required depending on how many devices are uploading concurrently and the need for the Customer to upload video evidence at a given speed.
• Upload appliance required if using 4REs or VISTA body worn cameras connected to VideoManager EL Cloud
• Cellular upload of ICVs and BWCs (if applicable) requires an Ethernet connection to an LTE modem in the vehicle.
• If the Customer is supplying a server for VideoManager EL (On-premises) solution, the Customer must verify the server is not a Domain Controller.
• VideoManager EL for on-premises cannot be installed on a server running Active Directory or Exchange applications on the Customer’s network.
• The ICVs are configured with a hidden SSID and WPA2-AES Security with a 128-bit Pre-shared Key. If
another type of security is desired, the Customer will be responsible for configuring these security requirements into the ICVs. This information must be supplied through the IT Questionnaire in order for the
factory to configure the correct security requirements.
• If the Customer is supplying their own Access Point, it must be 5 GHz 802.11n compatible.
QUOTE-2780500
EPPD ELC Licenses 5yr
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists betweenMotorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800
Page 25
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 1, 2024
DEPARTMENT/DIVISION:
Police Department
Lieutenant Jess Irmiter
ITEM DESCRIPTION:
Declare Abandoned Property
ITEM NO.:
VIII.H.
Requested Action
Move to: Declare property as abandoned. Synopsis
The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment and miscellaneous items that remain unclaimed. Background Information
In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days.
In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like
to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use.
Attachments Exhibit A – Abandoned Property Exhibit B – Converted Property
Property Description Tag #
Dewalt 12" Compound Sliding Miter Saw 47336
DeWalt Sawsall 47340
DeWalt Circular Saw 47339
Assorted razors 47331
Metabo Nailgun 47337
Generac Generator 47338
14kt Gold Chain 43724
Sougayilang fishing kit 31643
Computer mouse 43608
Threadmill Home Linen set 31637
Nishiki bicycle 45903
Apple Airpods 40532
Apple watch 42323
Apple watch 43998
Armada Technologies Model pro700 transmitter 45813
Beats brand earbuds 42320
Specialized bicycle.46191
Trek bicycle 45963
BMX Mongoose bicycle 41937
Bose brand earbuds 42319
GIANT bicycle 41437
DeWalt ratchet set 47235
DeWalt ratchet set 47236
DJI drone 37391
Giant bicycle 42575
Giant GX 28 bicycle 43068
4 Signed Baseballs with unknown signatures 33166
Polaroid Camera 33167
Outlook Dash Camera 33170
5 sets of clothing (Two XXL and three XXL)29629
Black Hobo Purse 34078
8 HP Ink cartridges - "61"24648
Ryobi brushless angle grinder 45559
Shark IQ Robot Vacuum 36698
Acer chromebook 33711
Starfrit The Rock cookware 34073
Google Nest WiFi 33712
Eden Prarie Police Department
Exhibit A - Abandoned Property
Property Description Tag #
Eden Prarie Police Department
Exhibit A - Abandoned Property
Medium shirt and size 32 jeans 33715
Skinny jeans: Size 28w and 34w 44906
Augie Robot 43219
Three pair of "Joggers" - 2 medium & 1 small 33716
Jacket and Pants - Size small 44907
Jacket (Small)44908
Jacket (Small)44909
Google Wifi 34081
4 articles of clothing - Small 33718
Two medium size T-shirts 33719
Nike "React" shoes - Size 7 44905
Hoodie (S), Pants (S), and socks 33720
Hoodie and Sweatpants - Smalls 44910
Four small T-shirts 44911
Garmin Vivoactive 3 watch 46872
Jordan shoes - Size 8 47332
Armitron men's watch 46873
Jordan shoes - Size 10.5 47333
Jordan shoes - Size 9.5 47334
Fila shoes - Size 11 47335
Milwaukee battery powered light pack 30701
4 sets of large clothing; one large jacket; one large sweatshirt 29630
Swiss Tech suitcase 34070
RYOBI 18V LITHIUM-ION STARTER KIT 45560
7 packages of Gillete razor heads 24650
Children's clothing (3T; 5T; 6X; S; M 10-12; L)29631
Miscellaneous cosmetics 27268
Two sets of Goove wireless earphones 33705
Two sets of Groove wireless earphones 45057
Miscellaneous clothing 29632
Garmin GPS system 30706
7 HP ink cartridges - "60"44994
7 Amazon Fire TV sticks 33706
Swisstech duffel bag 43372
Michaek Kors womens coat 46871
7 HP ink cartridges - "63"44995
7 Fire HD8 tablets 33707
Chromebook computer 33708
Property Description Tag #
Eden Prarie Police Department
Exhibit A - Abandoned Property
Kata Bag w/ Camcorder 34074
Chromebook computer 33709
Solo Bag with Sony Camcorder 34075
Acer cromebook 33710
2 Sonos One (Gen 2) speakers 31370
Sweatshirt 41472
JBL headphones 42075
2 Sonos One (Gen 2) speakers 31371
Sony Bluetooth Speaker 37966
2 Sonos One (Gen 2) speakers 31372
10 misc Xbox games 33713
Miscellaneous Tow straps 47234
Mongoose Specter bicycle 43731
Nintendo Switch game 40003
Trex "3 series" bicylcle 42924
Huffy girls bicycle 42889
Kent KZ Series bicycle 46192
Samsung watch 44002
Schwinn bicycle 42726
SJCAM camera 42318
Socket set, ratchet set, and plier set 47238
Miscellaneous Bracelets 14659
TI calculator 43997
Two pair of earbuds 45762
Vivitar Series 1 camera lens 47237
Northrock XC6 bicycle 43325
NEXT PX4.0 bicycle 42890
Schwinn Trailway Bicycle 44739
Segway 45795
Property Description Tag #
Cash - $10.00 to City General Fund 43465
Tool Box to Training Unit 29185
Cash - $2.42 to City General Fund 28737
Cash - $50.00 to City General Fund 45792
32 grams of marijuana to EPPD K-9 program for training 39831
67.15 grams of cocaine to EPPD K-9 program for training 36874
24 grams of marijuana to EPPD K-9 program for training 39832
Four charging cables to Evidence Room 43216
Cash - $50.00 to City General Fund 30973
Cash - $64.00 to City General Fund 35645
Tesla backpack to Investigations Unit 33173
Coach Wallet to Investigations Unit 33193
Cash - $10 to City General Fund 33690
Cash - $265.00 to City General Fund 42751
Cash - $73.00 to City General Fund 43073
Cash - $140.00 to Street Cimes Unit 42733
Tow ropes and latches to CSO Unit 41109
Cash - $100 to City General Fund 44976
Apple iPad Pro to Forensics Unit 34082
Camo backpack to SWAT 29597
Cash - $348.44 to Street Crimes Unit 42740
Cash - $120.00 to City General Fund 42746
Cash - $2.50 to City General Fund 30737
1.9 grams of heroin to Hopkins K- 9 program for training 31440
Steve Madden tote bag 34079
Adidas bag to Investigations Unit 46870
439.8 grams of methamphetamine to EPPD K-9 program for training 39943
Cash - $46.00 to City General Fund 43963
Cash - $20.00 to City General Fund 35375
Cricut Maker to City Mail Room 34072
USB drive to Forensics Unit 30227
Samsung tablet to Forensics Unit 27185
USB drive to Forensics Unit 30231
Samsung tablet to Forensics Unit 27191
HP laptop to Forensics Unit 27174
Cash - $12.81 to City General Fund 30077
Multi-Cam body armor vest to Training Unit 27316
Eden Prarie Police Department
Exhibit B - Converted Property
Property Description Tag #
Eden Prarie Police Department
Exhibit B - Converted Property
Dell laptop to Forensics Unit 27181
HP laptop to Forensics Unit 27182
Leaf blower to Parks Department 46194
Cash - $6.60 to City General Fund 30972
Cash - $50.00 to City General Fund 45764
Seagate External Hard Drive to Forensics Unit 14671
Seagate External Hard Drive to Forensics Unit 14672
Cash - $50.00 to City General Fund 46003
USB drive to Forensics Unit 35986
USB drive to Forensics Unit 36413
USB drive to Forensics Unit 41272
USB drive to Forensics Unit 41561
USB drive to Forensics Unit 32557
USB drive to Forensics Unit 34315
USB drive to Forensics Unit 32444
USB drive to Forensics Unit 40817
USB drive to Forensics Unit 28073
USB drive to Forensics Unit 29270
USB drive to Forensics Unit 36502
USB drive to Forensics Unit 36245
USB drive to Forensics Unit 35343
USB drive to Forensics Unit 31648
USB drive to Forensics Unit 31895
USB drive to Forensics Unit 34223
USB drive to Forensics Unit 34225
USB drive to Forensics Unit 34228
USB drive to Forensics Unit 34229
USB drive to Forensics Unit 41281
USB drive to Forensics Unit 38183
USB drive to Forensics Unit 32420
USB drive to Forensics Unit 31737
USB drive to Forensics Unit 36496
USB drive to Forensics Unit 40922
USB drive to Forensics Unit 31859
USB drive to Forensics Unit 21478
USB drive to Forensics Unit 36501
USB drive to Forensics Unit 35372
USB drive to Forensics Unit 35937
Property Description Tag #
Eden Prarie Police Department
Exhibit B - Converted Property
USB drive to Forensics Unit 36041
USB drive to Forensics Unit 36422
USB drive to Forensics Unit 36917
USB drive to Forensics Unit 41137
USB drive to Forensics Unit 36242
USB drive to Forensics Unit 29644
USB drive to Forensics Unit 38137
USB drive to Forensics Unit 35575
USB drive to Forensics Unit 36992
USB drive to Forensics Unit 36034
USB drive to Forensics Unit 33094
USB drive to Forensics Unit 37893
USB drive to Forensics Unit 32320
USB drive to Forensics Unit 41263
Notice of Sale of Abandoned Property
The City Council, at its October 1, 2024 meeting, declared property that has
lawfully come into the possession of the City in the course of municipal operations,
remains unclaimed by the owners, and has been in the possession of the City for over 90
days as abandoned property along with surplus property. Property will be sold to the
highest bidder at Minnesota Fleet and Surplus Services.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt a Resolution for Planned Unit Development Concept Review on 5.13 acres; and
• Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 5.13 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions. Synopsis Wunderlich-Malec Engineering is proposing an approximately 8,000 square foot vertical building
addition to support increasing warehousing needs for their business at 6101 Blue Circle Drive. The plan
maintains the existing building footprint and does not require land alteration. The applicant is requesting approval of a Site Plan Review
and Planned Unit Development
(PUD) Amendment with waivers. The one waiver request is to reduce the required number of parking stalls.
Site Plan The existing building has two stories of office space on the north side and one story of office
and manufacturing space on the
southern half. The proposed addition would add a second story to a portion of the south side of the building and connect with the
existing second story. Since this
is proposed to be a vertical addition, the overall building footprint would not change. Following construction, existing office space on the first floor would be moved to the new addition on the second floor. This would free up space on the first level for more warehousing near the loading dock and manufacturing space. The proposed use breakdown is 30,753 square feet (55%) office, 7,285 (13%)
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE
Oct. 1, 2024
DEPARTMENT / DIVISION: Community Development/Planning
Julie Klima/ Ben Schneider
ITEM DESCRIPTION
Wunderlich-Malec Building Addition
ITEM NO.
IX.A.
Proposed location of 2nd story
addition
manufacturing, and 18,255 square feet (32%) warehousing. All these uses are permitted in the I-2 Zoning District.
Planned Unit Development Waiver The applicant is requesting the following waiver:
Number of Parking Stalls. The number of parking stalls required by City Code with the
proposed use breakdown would be 187 stalls, increasing the code requirement by 20 spaces. The applicant is requesting a waiver to have 136 parking stalls. The project narrative provides an analysis of the applicant’s current and future business needs for parking. Wunderlich-Malec utilizes a hybrid working strategy with their office employees, and they
calculate their business need to be 108 parking stalls. The applicant anticipates adding six (6) employees
in the future. There are currently 136 stalls on the property, which exceeds the business needs of the applicant, even with the addition. There have been no identified parking issues to date at this site. Staff supports this waiver request given these findings.
Architecture
The proposed 2nd story addition will match the brick and glass of the existing building. The plans comply with the City’s building material requirements. Planning Commission
The Planning Commission voted 8-0 to recommend approval of this request at their September 9, 2024,
meeting. One condition of approval prior to the City Council First Reading was to provide a landscaping plan showing 25 caliper inches of new plantings. The applicant has submitted this plan. The Commission also asked the applicant to add a trash enclosure to the plans. The current site does not
have a trash enclosure. The applicant has added a trash enclosure around the existing trash receptacles
near the parking lot and the enclosure will match the exterior materials of the main building. Attachments
1. Resolution for PUD Concept Review
2. Ordinance for PUD Amendment with waivers 3. Planning Commission Staff Report 4. Draft Planning Commission Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF WUNDERLICH-MALEC FOR TWP ARCHITECTS
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 September 9, 2024, on Wunderlich-Malec by TWP Architects 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 October 1, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. Wunderlich-Malec, 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
stamp dated September 18, 2024.
3. That the PUD Concept meets the recommendations of the Planning Commission dated September 9, 2024.
ADOPTED by the City Council of the City of Eden Prairie this 1st day of October, 2024.
_______________________ Ronald A. Case, Mayor ATTEST:
______________________________ David Teigland, City Clerk
EXHIBIT A
PUD Concept
Legal Description: Lot 1, Block 1 except that part thereof lying Westerly of a line drawn parallel with and 45 feet Easterly of the West line of said lot 1 (measured at right angles to the West line of said Lot 1), Opus II 2nd addition.
WUNDERLICH-MALEC BUILDING ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024
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 the land is currently designated within the I-2 Zoning District as PUD-14-93-Industrial as reflected in Ordinance No. 39-93-PUD-14-93. Section 2. That action was duly initiated proposing that the designation of the land be
amended within the I-2 Zoning District as -2024-PUD-_-2024 (hereinafter "PUD-_-2024”).
Section 3. The City Council hereby makes the following findings: A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of
the City.
B. PUD-_-2024 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-_-2024 are justified by the design of the development described therein. D. PUD-_-2024 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 that PUD-14-93-Industrial be amended
and the designation of the land shall be, and hereby is amended in the I-2 Zoning District as Planned Unit Development PUD-_-2024 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 September 21, 1993, and the City of Eden Prairie, as amended by
the terms and conditions of that certain First Amendment to Development Agreement dated
______________, 2024, entered into between Wunderlich Properties II, LLC, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2024, 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 1st day of October, 2024, 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 _______,
2024. ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2024.
EXHIBIT A
PUD Legal Description
Lot 1, Block 1 except that part thereof lying Westerly of a line drawn parallel with and 45
feet Easterly of the West line of said lot 1 (measured at right angles to the West line of said Lot 1), Opus II 2nd addition.
WUNDERLICH-MALEC BUILDING ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __-2024-PUD-__-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning designation of land located within the I-2 Zoning District within a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST: __________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.)
TO: Planning Commission
FROM: Ben Schneider, Planner I
DATE: September 9, 2024
SUBJECT: Wunderlich-Malec Building Addition
LOCATION: 6101 Blue Circle Drive
APPLICANT: TWP Architects
REQUESTS:
• Planned Unit Development Concept Plan Review on 5.13 acres
• Planned Unit Development District Review with Waivers on 5.13 acres
• Site Plan Review on 5.13 acres
120 – Day
Review Period:
November 15, 2024
BACKGROUND
Wunderlich-Malec Engineering is proposing an approximately 8,000 square foot vertical building
addition to support increasing warehousing needs for their business at 6101 Blue Circle Drive. The site
is adjacent to the former American Family Insurance campus to the west and borders Highway 62 to
the south. The municipal border between Eden Prairie and Minnetonka runs along the north property
line. To the east, the site abuts a City-owned lot with a protected wetland.
ZONING AND COMPREHENSIVE
PLAN
The subject property is zoned
Industrial Park (I-2) and guided
Industrial Flex Tech. There are
no proposed changes to the
zoning or guiding of this
property.
SITE PLAN
The existing building has two
stories of office space on the
north side and one story of
office and manufacturing space
on the southern half. The
proposed addition would add a
second story to a portion of the
south side of the building and
Proposed location of 2nd story
addition
Staff Report – Wunderlich-Malec Building Addition
September 9, 2024
Page 2
2
connect with the existing second story. Since this is proposed to be a vertical addition, the overall
building footprint would not change.
Following construction, existing office space on the first floor would be moved to the new addition on
the second floor. This would free up space on the first level for more warehousing near the loading
dock and manufacturing space. The proposed use breakdown is 30,753 square feet (55%) office, 7,285
(13%) manufacturing, and 18,255 square feet (32%) warehousing. All these uses are permitted in the I-
2 Zoning District.
PLANNED UNIT DEVELOPMENT WAIVERS
The purpose of a Planned Unit Development (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. The applicant is requesting the following waiver:
• Number of Parking Stalls. The number of parking stalls required by City Code with the proposed
use breakdown would be 187 stalls, increasing the code requirement by 20 spaces. The
applicant is requesting a waiver to have 136 parking stalls.
The project narrative provides an analysis of the applicant’s current and future business needs for
parking. Wunderlich-Malec utilizes a hybrid working strategy with their office employees, and they
calculate their business need to be 108 parking stalls. The applicant anticipates adding six (6)
employees in the future. There are currently 136 stalls on the property, which exceeds the business
needs of the applicant. There have been no identified parking issues to date at this site. Staff supports
this waiver request given these findings.
ARCHITECTURE
The addition is proposed to match the existing building materials. The proposed façade primarily
Staff Report – Wunderlich-Malec Building Addition
September 9, 2024
Page 3
3
features brick and glass. City Code requires at least two (2) class I materials in the I-2 Zoning District. In
situations where glass is one of the two materials, the other material must have two distinct color
variations. The existing and proposed façades meet these standards.
The maximum building height in the I-2 Zoning District is 40 feet. The proposed maximum building
height is 33 feet.
STORMWATER MANAGEMENT
The applicant is not proposing any changes to stormwater management on site.
LANDSCAPING AND SCREENING
The building addition will require 25 caliper inches of additional landscaping on the site. Staff has
communicated that a landscaping plan will need to be submitted prior to the first reading at City
Council. This is included as a condition of approval at the end of this report.
The applicant provided an exhibit that shows how the building will look from Highway 62. Several
existing mature trees provide screening of the building from the highway.
PLAN ITERATIONS
The applicant initially proposed a building expansion to the east, encroaching on the high-quality
wooded area on the site. Wunderlich-Malec found an alternative solution that protects these trees.
The proposed vertical expansion satisfies staff’s initial concerns, as tree removal is no longer shown
on the plans.
STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Planned Unit Development Concept Review on 5.13 acres
• Planned Unit Development District Review with Waivers on 5.13 acres
• Site Plan Review on 5.13 acres
This is based on the plans dated August 16, 2024, staff report dated September 9, 2024, and the
following conditions:
1. Prior to the 1st reading by the City Council, the applicant must:
A. Submit a landscaping plan that includes 25 caliper inches of new plantings consistent
with the requirements in City Code Section 11.42.
2. Prior to building permit issuance for the property, the applicant must:
Staff Report – Wunderlich-Malec Building Addition
September 9, 2024
Page 4
4
A. Provide a landscape surety that is 150% of the estimated cost of the plantings and
submit a landscape agreement.
3. The following waivers are granted through the PUD for the project as indicated in the plans
dated August 16, 2024.
A. The number of parking stalls required by City Code with the proposed use breakdown
would be 187 stalls. The applicant is requesting a waiver to have 136 parking stalls.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 26, 2024 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member Pieper was absent. III. APPROVAL OF AGENDA
MOTION: Taylor moved, seconded by Weber to approve the agenda. MOTION
CARRIED 8-0.
IV. MINUTES
MOTION: Grote moved, seconded by Kirk to approve the minutes of August 26, 2024.
MOTION CARRIED 8-0.
V. PUBLIC HEARINGS
A. WUNDERLICH-MALEC BUILDING ADDITION (2024-06)) Request for:
• Planned United Development Concept Review on 5.13 acres
• Planned Unit Development Amendment with waivers on 5.13 acres
• Site Plan Review on 5.13 acres Amy Schwabe, of TWP Architects, and property owner Neal Wunderlich, presented a PowerPoint and detailed the application. Wunderlich proposed an
expansion of approximately 8,000 square feet to house the engineering staff over
PLANNING COMMISSION MINUTES September 9, 2024
Page 2
the current manufacturing area, preserving heritage trees. Wunderlich summarized
the 40-year history of his company (Wunderlich-Malec or WM), an engineering
and fabrication company building control panels. The company had outgrown its production space for fabrication due to increased demand, hence the proposed expansion. This expansion would not increase the building’s footprint and was the best and safest proposal in his estimation. Wunderlich added this was an
employee-owned company.
Schwabe displayed the existing and proposed site and floor plans and explained the reconfiguration of the first office floor. There would be additional landscaping in the final result. The total building square footage with the expansion would be
56,475 square feet. Exterior materials would match the existing materials. The
floor area ratio would be less than 25 percent (half of the maximum allowed) and the office would use less than 50 percent of the total gross square footage. The addition would be 33 feet, less than the 40-foot height requirement. The landscaping will follow the requirements. The parking calculations were based on
the square footage and occupant use requirements, 187 parking stalls required. In
1993 the developer agreement had approved 50,550 square feet and this proposal was below that. Existing trees would be maintained. The parking waiver was requested due to the fact the actual occupants on site
were 161 staff, with the number decreased to 108 with staff working from home,
resulting in a less intensive development than the approved 1993 agreement. There would be no impact to traffic patterns or roadway operations, and no tree loss.
Barnhart presented the staff report. All specifications complied with the City
code. The expansion eliminated additional stormwater management. This was the best approach given the constraints to the site. Staff supported the parking reduction waiver. This business was doing a great job of managing the needed parking on-site, and would not require use of off-site parking. Staff recommended
approval subject to the conditions outlined in the staff report.
Farr noted this was a development agreement with opportunity for growth. He asked for and received confirmation the development agreement traveled with the property, and any additional parking in the future would require a parking deck or
ramp. Taylor stated he had visited the site, and noticed the trash bins on the east side of the property were not covered or screened. Barnhart agreed the City Code required traffic receptacles inside or with a roof, and this could be addressed.
Duncan echoed Farr’s concerns and asked if the PUD would ever expire. Barnhart replied the PUD ran with the land and did not expire. Duncan also asked if the disparity between 161 current employees but the existing 136 was due to 25
PLANNING COMMISSION MINUTES September 9, 2024
Page 3
employees having been hired since 2015. Wunderlich explained there were 140
staff in the Eden Prairie office, plus Oakdale staff. The most staff in the office
was 100 people, most days 80 or 70, since employees traveled and conducted site visits. There were many empty parking spots every day. Schwabe added 161 stalls was her highest estimate, to cover snow handling during the winter.
MOTION: Sherwood moved, seconded by Grote to close the public hearing. Motion carried 8-0. Sherwood stated he remembered the start of this firm and was pleased to see it progress. He commended the project. Weber agreed, appreciating the project
without adding parking. Kirk also agreed, commending the retention of trees.
Taylor also agreed this was a great local story and project. Farr agreed. MOTION: Weber moved, seconded by Kirk to recommend approval of a
Planned United Development Concept Review on 5.13 acres; Planned Unit
Development Amendment with waivers on 5.13 acres; Site Plan Review on 5.13 acres as represented in the September 9, 2024 staff report subject to the conditions listen in that staff report. Motion carried 8-0.
B. COSTCO FUEL EXPANSION (2024-09)) Request for:
• Planned Unit Development Amendment with waivers on 18 acres
• Site Plan Review on 18 acres
Julie Anderson, of Barghausen Consulting Engineers, presented a PowerPoint and detailed the application. This requested the expansion of the Costco Fuel Facility. There were eight dispensers, three 20,000-gallon gasoline underground storage tanks, one 1,500-gallon fuel additive tank, and a 3,842-square foot canopy
currently on the site, which also have an inside fuel drop lane.
The proposal would add seven new underground storage tank dispensers, one new 30,000-gallon underground storage tank, a 5,361-square foot canopy (for a total of 9,203 square feet of canopy space), an outside fuel drop lane, a new controller
enclosure, and would widen the eastern driveway. Anderson displayed the
materials showing the matching canopy design, brick veneer columns, and the three-toned brick walls. The traffic analysis showed a small net increase in traffic due to increased
demand, and she expected a 50 decrease in queue wait times, along with increased
processing capacity. The site driveways were projected to continue to operate acceptably. There were also recent transportation improvements in the form of a new traffic signal at the west driveway, restriping and new turn lanes on Technology Drive, and a restriped west driveway with separate turn lanes.
PLANNING COMMISSION MINUTES September 9, 2024
Page 4
Operations were consistent with existing fuel capacity, and there was always an
attendant onsite. There were open to Costco members only. A red-light/green-
light system would be used for dispenser availability. Duncan stated the queue solution presented had already answered one of her questions.
Barnhart presented the staff report. The additional pumps and control building and expansion of canopy would result in loss of 16 parking spaces but Costco already exceeded Code requirements for parking. This was the case even with storage of snow in winter as shown. The waiver on the eastern driveway for a 46-foot width
was to accommodate trucks and left and right turn lanes. Staff supported this. The
materials of the addition were consistent with the Costco design. Staff recommended approval subject to the conditions of the staff report. Duncan asked if there was a timeline for the previous PUD waivers, and Barnhart
replied if not acted on, they continued unless rescinded by the City Council; he
did not anticipate such an action. Duncan asked if there were any current or planned EV charging stations. Anderson replied there were none at this time and no current plan to provide them. Barnhart added there was no requirement for them for this application. Kirk stated this had been brought up before but at the
time it did not seem feasible and the commission did not take any specific action.
Farr asked if the applicant would not be painting a crosswalk on the east driveway, as there was an existing one on the west driveway. He requested this with a dedicated safety island. Schulze confirmed this was not included, as his
department did not typically require striping in private parking lots, as opposed to
on streets. It was the applicant’s choice to do this or not. Duncan asked for and received confirmation from Schulze the turn lane would not be affected with the widening of the eastern entrance.
Farr recalled the expansion application four years ago and asked why that was not
completed. Barnhart replied he could not remember the reason but that had been a smaller project in scope. Anderson replied that expansion had been proposed before the Covid-19 pandemic, and then the project went on hold indefinitely. Costco had subsequently reevaluated its proposal to ensure the project made sense
for the site, and determined a larger expansion was needed. MOTION: Grote moved, seconded by Duncan to close the public hearing. Motion carried 8-0.
Kirk stated that, as a commission member who remembered the discussion from four years ago, he found this project to be a positive expansion. He stated anything that could be done to decrease the wait times was a positive, and he
PLANNING COMMISSION MINUTES September 9, 2024
Page 5
supported the proposal. Weber agreed, and thanked the applicant. Farr stated the
actual traffic situation counteracted his initial skepticism. Sivilay agreed.
MOTION: Kirk moved, seconded by Duncan to recommend approval of a Planned Unit Development Amendment with waivers on 18 acres and a Site Plan Review on 18 acres as represented in the September 9, 2024 staff report subject to
the conditions in that staff report. Motion carried 8-0.
PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Weber to adjourn. Motion carried 8-0. The meeting was adjourned at 7:41 p.m.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt a Resolution for a Planned Unit Development Concept Review on 18 acres; and
• Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 18 acres; and
• Direct Staff to prepare an Amendment to the current Development Agreement incorporating Staff
and Commission recommendations and Council conditions. Synopsis Costco is requesting a Site Plan Review and a PUD Concept Review and Amendment with waivers to
construct a seven (7) pump expansion, equating to 14 new vehicle pump stations. Four (4) of the pumps
are in previously approved (January 2020, never built) locations, and three (3) more are proposed on the
east side of the fuel facility, creating another row of pumps.
Site Plan This Site Plan review is for an expansion of the
existing fuel facility and related modifications
around the fuel facility. The applicant is
requesting to add seven (7) new pump
dispensers that equates to 14 additional vehicle
pump stations. If approved, the site will contain
15 pump dispensers and 30 vehicle pump
stations. The existing pumps are highlighted in
red in the accompanying image, and the
proposed pumps are outlined in blue.
A new 30,000-gallon underground gasoline storage tank is proposed on the northeast side of the fueling
canopy, shown in the above image outlined in yellow. A new controller station with a restroom will also
be added to the west side of the fuel facility, outlined in the above image in green.
Planned Unit Development Waivers
The applicant is requesting one (1) Planned Unit Development waiver with this project. As part of the
January 2020 approval, Costco received a PUD waiver for driveway width at the property line for both
entrances to better accommodate traffic and truck turning movements. The western entrance is
maintaining the previously approved design. However, the eastern entrance requires changes from the
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE
Oct. 1, 2024
DEPARTMENT / DIVISION: Community Development/Planning
Julie Klima/ Sarah Strain
ITEM DESCRIPTION
Costco Fuel Facility Expansion
ITEM NO.
IX.B.
approved width due to the new site plan with additional pumps and is proposed to exceed the width of the
previously granted waiver.
Driveway Width at the Property Line
The current waiver allows the eastern driveway to be 37 feet wide. The proposed site plan shows a 46 foot
width.
Access and Street
Connections
There have been
recent
improvements on
Technology Drive
that are connected
to Costco, shown
in the above image.
There is a temporary traffic signal at the western entrance to the site. The temporary traffic signal will
need to become a permanent traffic signal in the future. The development agreement will include
language to address the timing of installation and developer’s responsibility for the cost. The western
entrance to the site was widened, which was approved in 2020. As part of this proposed project, the
eastern entrance will be widened to better accommodate truck turning movements. Widening this curb at
the property line will require a PUD waiver. A mountable curb median will be installed at the entrance
to provide separation between incoming and outgoing vehicles.
Planning Commission Recommendation
The Planning Commission voted 8-0 to recommend approval of the project at the September 9, 2024
meeting.
Attachments
1. Resolution for PUD Concept Review 2. Ordinance for PUD Amendment with waivers 3. Planning Commission Staff Report 4. Planning Commission Minutes
COSTCO FUEL FACILITY EXPANSION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024
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 the land is currently designated within the Commercial Regional Service Zoning District as PUD-1-2020-C-REG-SER, as reflected in Ordinance No. 1-2020-PUD-1-2020 (hereinafter “PUD-1-2020-C-REG-SER”).
Section 3. That action was duly initiated proposing that the land be amended within
the Commercial Regional Service Zoning District as -2024-PUD-_-2024 (hereinafter "PUD-_-2024”). Section 4. The City Council hereby makes the following findings:
A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2024 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-_-2024 are justified by the design of the development described therein.
D. PUD-_-2024 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 5. The proposal is hereby adopted, and the land shall be, and hereby is amended in the Commercial Regional Service Zoning District as Planned Unit Development PUD-_-2024 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 October 21, 2003 , as amended by the terms and conditions of
that certain First Amendment to Development Agreement dated January 7, 2020, and of that
certain Second Amendment to the Development Agreement dated __________________ entered into between Costco Wholesale Corporation and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2024, 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
1st Day of October, 2024, 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 _______, 2024.
ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2024.
EXHIBIT A
PUD Legal Description Legal Description LOT 1, BLOCK 1, EMERSON PROCESS MANAGEMENT ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA;
EXCEPT THAT PART WHICH LIES SOUTHERLY OF LINE 1 BELOW: LINE 1: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 1, BLOCK 1, EMERSON
PROCESS MANAGEMENT ADDITION DISTANT 68.00 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID LOT 1, THENCE EASTERLY TO A POINT ON THE EAST LINE OF SAID LOT 1 DISTANT 67.00 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID LOT 1 AND THERE TERMINATING.
COSTCO FUEL FACILITY EXPANSION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
ORDINANCE NO. __-2024-PUD-__-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning designation of land
located within the C-REG-SER Zoning District within a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Current on ______________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF THE COSTCO FUEL FACILITY EXPANSION
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 September 9, 2024, on the Costco Fuel Facility Expansion by Costco Wholesale, a Washington corporation, 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 October 1, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. Costco Fuel Facility Expansion, 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
stamp dated September 24, 2024. 3. That the PUD Concept meets the recommendations of the Planning Commission dated September 9, 2024.
ADOPTED by the City Council of the City of Eden Prairie this 1st day of October, 2024.
_______________________ Ronald A. Case, Mayor ATTEST:
______________________________ David Teigland, City Clerk
EXHIBIT A
PUD Concept
Legal Description: LOT 1, BLOCK 1, EMERSON PROCESS MANAGEMENT ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA;
EXCEPT THAT PART WHICH LIES SOUTHERLY OF LINE 1 BELOW:
LINE 1: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 1, BLOCK 1, EMERSON PROCESS MANAGEMENT ADDITION DISTANT 68.00 FEET NORTHERLY OF THE
SOUTHWEST CORNER OF SAID LOT 1, THENCE EASTERLY TO A POINT ON THE
EAST LINE OF SAID LOT 1 DISTANT 67.00 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID LOT 1 AND THERE TERMINATING.
BACKGROUND
Costco Wholesale received City Council approval to construct a four (4) pump fuel facility expansion in
January 2020, though the project never occurred. Costco is requesting a Site Plan Review and a PUD
Concept Review and Amendment with waivers to construct a seven (7) pump expansion, equating to
14 vehicle pump stations, in lieu of the current approval. Four (4) of the pumps are in previously
approved locations, and three (3) more are proposed on the east side of the fuel facility, creating
another row of pumps.
This property received Site Plan and Planned Unit Development (PUD) approvals in 2003 for its current
site layout. The existing fuel facility located on the north portion of the property has eight (8) pump
dispensers, equating to 16 vehicle pump stations.
COMPREHENSIVE PLAN AND ZONING
The Comprehensive Guide Plan guides the property for Transit-Oriented Development (TOD). The
property is zoned Commercial Regional Service.
SITE PLAN
This Site Plan review is for an expansion of the existing fuel facility and related modifications around
the fuel facility. The applicant is requesting to add seven (7) new pump dispensers that equates to 14
additional vehicle pump stations. If approved, the site will contain 15 pump dispensers and 30 vehicle
TO: Planning Commission
FROM: Sarah Strain, Planner II
DATE: September 9, 2024
SUBJECT: Costco Fuel Facility Expansion
LOCATION: 12011 Technology Drive
APPLICANT: Barghausen Consulting Engineers, Inc. on behalf of
Costco Wholesale
REQUESTS: Planned Unit Development Concept Plan Review on 18 acres
Planned Unit Development District Amendment with Waivers on 18
acres
Site Plan Review on 18 acres
120-DAY REVIEW
PERIOD
December 4, 2024
Staff Report – Costco Fuel Facility Expansion
September 9, 2024
Page 2
2
pump stations. The existing pumps are highlighted in red in the image below, and the proposed pumps
are outlined in blue.
A new 30,000-gallon
underground gasoline
storage tank is proposed
on the northeast side of
the fueling canopy, shown
in the image to the right
outlined in yellow. A new
controller station with a
restroom will also be
added to the west side of
the fuel facility, outlined in
the image to the right in
green.
PLANNED UNIT DEVELOPMENT WAIVERS
The purpose of a Planned Unit Development (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. The applicant is requesting the following waivers:
The following waiver is requested as part of this project:
A. Driveway Width at the Property Line
As part of the January 2020 approval, Costco received a PUD waiver for driveway
width at the property line for both entrances to better accommodate traffic and
truck turning movements. The western entrance is maintaining the previously
approved design. However, the eastern entrance requires changes from the
approved width due to the new site plan with additional pumps and is proposed to
exceed the width of the previously granted waiver. The current waiver allows the
eastern driveway to be 37 feet wide. The proposed site plan shows a 46 foot width.
This waiver is in harmony with the general purposes and intent of the ordinance.
This waiver is consistent with the commercial character of the area and is a
reasonable use of the property due to truck traffic the site receives and the wide
Staff Report – Costco Fuel Facility Expansion
September 9, 2024
Page 3
3
turning movements necessary for the trucks.
ACCESS AND STREET CONNECTIONS
There have been recent roadway improvements on Technology Drive that are connected to Costco
shown in the image below. There is a temporary traffic signal at the western entrance to the site. The
temporary traffic signal will need to become a permanent traffic signal in the future. The
development agreement will include language to address the timing of installation and developer
cost responsibility. The western entrance to the site was widened, which was approved in 2020. As
part of this proposed project, the eastern entrance will be widened to better accommodate truck
turning
movements.
Widening this
curb at the
property line will
require a PUD
waiver. A
mountable curb
median will be
installed at the
entrance to
provide
separation between incoming and outgoing vehicles. TRAFFIC STUDY
A traffic study was prepared to determine if the proposed site plan better accommodates the current
and anticipated number of fuel related trips. Even with number of trips at the fuel station is expected
to increase as a result of the expansion, the study found that peak queues and wait times are reduced,
due to the improved efficiency and capacity of the fuel facility.
PARKING
The proposed site plan will result in a loss of 16 parking stalls that are currently on the east and west
sides of the gas area. This loss in parking is compliant with City Code parking requirements for the site
and previous site plan approvals. After the changes, the site will have 758 parking stalls, exceeding City
Code requirements.
SIDEWALKS
There is an existing sidewalk along the south side of Technology Drive. The western entrance has new,
ADA compliant pedestrian ramps and a crosswalk. The ramps at the eastern entrance will be improved
to be ADA compliant as part of this project.
Staff Report – Costco Fuel Facility Expansion
September 9, 2024
Page 4
4
BUILDING ARCHITECTURE AND MATERIALS
To cover the new fuel pumps, the fuel facility canopy will expand and architecturally match the existing
structure with brick-wrapped columns, shown in the following image.
SHORELAND
The subject property is located in the City’s Shoreland Overlay District, as it is within 1,000 feet of Lake
Idlewild. When Costco was originally reviewed and approved in 2003, a waiver to exceed the
impervious surface coverage was granted. The PUD waiver granted allows the site to be up to 77
percent impervious. The proposed project will keep the site’s overall impervious surface coverage
below the permitted 77 percent.
DRAINAGE/STORMWATER MANAGEMENT
The stormwater plan meets City requirements and Riley-Purgatory Bluff Creek Watershed District
requirements. Infiltration is not possible at this site due to MPCA regulations related to fuel facilities
and stormwater management.
LANDSCAPING AND TREE REPLACEMENT PLAN
There will be no significant or heritage trees removed as part of the proposed work. The existing
landscape island to the east of the fuel facility will be removed and replaced with a landscaping island
located slightly closer to the fuel facility. This will accommodate truck turning movements and provide
additional space at the eastern entrance/exit of the site. Removed trees will be replaced in site in a
one-for-one basis to maintain compliance with the existing landscaping plan.
SIGNS
The proposed signage is comparable to the existing signage on the fuel facility. Signage will be
permitted administratively through a separate application.
LIGHTING
The under-canopy lights are currently LED. The new canopy lights will also be LED. The new light pole
fixtures and illumination are compliant with City Code.
STAFF RECOMMENDATION
Staff Report – Costco Fuel Facility Expansion
September 9, 2024
Page 5
5
Staff recommends approval of the following request:
• Planned Unit Development Concept Review on 18 acres
• Planned Unit Development District Amendment with waivers on 18 acres
• Site Plan Review on 18 acres
This is based on plans dated August 25, 2023 and August 29, 2024, the staff report dated September 9,
2024, and the Conditions of Approval outlined in the following section.
CONDITIONS OF APPROVAL
This is based on plans dated August 25, 2023 and August 29, 2024 and the following conditions:
1. Prior to land alteration permit issuance, the applicant must:
A. Obtain permits and approvals from other agencies as needed.
B. Obtain City approval of a final grading and drainage plan for the property.
C. Submit detailed utility and erosion control plans for review and approval by the City
Engineer.
D. Obtain and provide documentation of Watershed District approval.
E. Notify the City and Watershed District 48 hours in advance of grading.
F. Provide a construction grading limits and tree protection plan for review and approval
by the City.
G. Install erosion control at the grading limits of the property for review and approval by
the City.
H. Install fencing at the construction grading limits and tree protection areas as shown on
the approved plans.
I. Submit and receive written approval of an executed landscape agreement.
J. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the
landscaping.
K. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of
the cost of the land alteration.
2. The following waivers are granted through the PUD for the project as indicated in the plans
dated August 25, 2023 and August 29, 2024.
A. Driveway Width at the Property Line
This property currently has a waiver to allow the eastern driveway to be 37 feet wide at the
property line. The proposed site plan shows a 46-foot width at the property line.
3. Prior to issuance of an Occupancy Permit, the applicant must:
A. Complete implementation of the lighting plan in Exhibit B.
B. Complete implementation of the approved exterior materials and colors plan.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 26, 2024 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay CITY STAFF: Jeremy Barnhart, City Planner; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member Pieper was absent. III. APPROVAL OF AGENDA
MOTION: Taylor moved, seconded by Weber to approve the agenda. MOTION
CARRIED 8-0.
IV. MINUTES
MOTION: Grote moved, seconded by Kirk to approve the minutes of August 26, 2024.
MOTION CARRIED 8-0.
V. PUBLIC HEARINGS
A. WUNDERLICH-MALEC BUILDING ADDITION (2024-06)) Request for:
• Planned United Development Concept Review on 5.13 acres
• Planned Unit Development Amendment with waivers on 5.13 acres
• Site Plan Review on 5.13 acres Amy Schwabe, of TWP Architects, and property owner Neal Wunderlich, presented a PowerPoint and detailed the application. Wunderlich proposed an
expansion of approximately 8,000 square feet to house the engineering staff over
PLANNING COMMISSION MINUTES September 9, 2024
Page 2
the current manufacturing area, preserving heritage trees. Wunderlich summarized
the 40-year history of his company (Wunderlich-Malec or WM), an engineering
and fabrication company building control panels. The company had outgrown its production space for fabrication due to increased demand, hence the proposed expansion. This expansion would not increase the building’s footprint and was the best and safest proposal in his estimation. Wunderlich added this was an
employee-owned company.
Schwabe displayed the existing and proposed site and floor plans and explained the reconfiguration of the first office floor. There would be additional landscaping in the final result. The total building square footage with the expansion would be
56,475 square feet. Exterior materials would match the existing materials. The
floor area ratio would be less than 25 percent (half of the maximum allowed) and the office would use less than 50 percent of the total gross square footage. The addition would be 33 feet, less than the 40-foot height requirement. The landscaping will follow the requirements. The parking calculations were based on
the square footage and occupant use requirements, 187 parking stalls required. In
1993 the developer agreement had approved 50,550 square feet and this proposal was below that. Existing trees would be maintained. The parking waiver was requested due to the fact the actual occupants on site
were 161 staff, with the number decreased to 108 with staff working from home,
resulting in a less intensive development than the approved 1993 agreement. There would be no impact to traffic patterns or roadway operations, and no tree loss.
Barnhart presented the staff report. All specifications complied with the City
code. The expansion eliminated additional stormwater management. This was the best approach given the constraints to the site. Staff supported the parking reduction waiver. This business was doing a great job of managing the needed parking on-site, and would not require use of off-site parking. Staff recommended
approval subject to the conditions outlined in the staff report.
Farr noted this was a development agreement with opportunity for growth. He asked for and received confirmation the development agreement traveled with the property, and any additional parking in the future would require a parking deck or
ramp. Taylor stated he had visited the site, and noticed the trash bins on the east side of the property were not covered or screened. Barnhart agreed the City Code required traffic receptacles inside or with a roof, and this could be addressed.
Duncan echoed Farr’s concerns and asked if the PUD would ever expire. Barnhart replied the PUD ran with the land and did not expire. Duncan also asked if the disparity between 161 current employees but the existing 136 was due to 25
PLANNING COMMISSION MINUTES September 9, 2024
Page 3
employees having been hired since 2015. Wunderlich explained there were 140
staff in the Eden Prairie office, plus Oakdale staff. The most staff in the office
was 100 people, most days 80 or 70, since employees traveled and conducted site visits. There were many empty parking spots every day. Schwabe added 161 stalls was her highest estimate, to cover snow handling during the winter.
MOTION: Sherwood moved, seconded by Grote to close the public hearing. Motion carried 8-0. Sherwood stated he remembered the start of this firm and was pleased to see it progress. He commended the project. Weber agreed, appreciating the project
without adding parking. Kirk also agreed, commending the retention of trees.
Taylor also agreed this was a great local story and project. Farr agreed. MOTION: Weber moved, seconded by Kirk to recommend approval of a
Planned United Development Concept Review on 5.13 acres; Planned Unit
Development Amendment with waivers on 5.13 acres; Site Plan Review on 5.13 acres as represented in the September 9, 2024 staff report subject to the conditions listen in that staff report. Motion carried 8-0.
B. COSTCO FUEL EXPANSION (2024-09)) Request for:
• Planned Unit Development Amendment with waivers on 18 acres
• Site Plan Review on 18 acres
Julie Anderson, of Barghausen Consulting Engineers, presented a PowerPoint and detailed the application. This requested the expansion of the Costco Fuel Facility. There were eight dispensers, three 20,000-gallon gasoline underground storage tanks, one 1,500-gallon fuel additive tank, and a 3,842-square foot canopy
currently on the site, which also have an inside fuel drop lane.
The proposal would add seven new underground storage tank dispensers, one new 30,000-gallon underground storage tank, a 5,361-square foot canopy (for a total of 9,203 square feet of canopy space), an outside fuel drop lane, a new controller
enclosure, and would widen the eastern driveway. Anderson displayed the
materials showing the matching canopy design, brick veneer columns, and the three-toned brick walls. The traffic analysis showed a small net increase in traffic due to increased
demand, and she expected a 50 decrease in queue wait times, along with increased
processing capacity. The site driveways were projected to continue to operate acceptably. There were also recent transportation improvements in the form of a new traffic signal at the west driveway, restriping and new turn lanes on Technology Drive, and a restriped west driveway with separate turn lanes.
PLANNING COMMISSION MINUTES September 9, 2024
Page 4
Operations were consistent with existing fuel capacity, and there was always an
attendant onsite. There were open to Costco members only. A red-light/green-
light system would be used for dispenser availability. Duncan stated the queue solution presented had already answered one of her questions.
Barnhart presented the staff report. The additional pumps and control building and expansion of canopy would result in loss of 16 parking spaces but Costco already exceeded Code requirements for parking. This was the case even with storage of snow in winter as shown. The waiver on the eastern driveway for a 46-foot width
was to accommodate trucks and left and right turn lanes. Staff supported this. The
materials of the addition were consistent with the Costco design. Staff recommended approval subject to the conditions of the staff report. Duncan asked if there was a timeline for the previous PUD waivers, and Barnhart
replied if not acted on, they continued unless rescinded by the City Council; he
did not anticipate such an action. Duncan asked if there were any current or planned EV charging stations. Anderson replied there were none at this time and no current plan to provide them. Barnhart added there was no requirement for them for this application. Kirk stated this had been brought up before but at the
time it did not seem feasible and the commission did not take any specific action.
Farr asked if the applicant would not be painting a crosswalk on the east driveway, as there was an existing one on the west driveway. He requested this with a dedicated safety island. Schulze confirmed this was not included, as his
department did not typically require striping in private parking lots, as opposed to
on streets. It was the applicant’s choice to do this or not. Duncan asked for and received confirmation from Schulze the turn lane would not be affected with the widening of the eastern entrance.
Farr recalled the expansion application four years ago and asked why that was not
completed. Barnhart replied he could not remember the reason but that had been a smaller project in scope. Anderson replied that expansion had been proposed before the Covid-19 pandemic, and then the project went on hold indefinitely. Costco had subsequently reevaluated its proposal to ensure the project made sense
for the site, and determined a larger expansion was needed. MOTION: Grote moved, seconded by Duncan to close the public hearing. Motion carried 8-0.
Kirk stated that, as a commission member who remembered the discussion from four years ago, he found this project to be a positive expansion. He stated anything that could be done to decrease the wait times was a positive, and he
PLANNING COMMISSION MINUTES September 9, 2024
Page 5
supported the proposal. Weber agreed, and thanked the applicant. Farr stated the
actual traffic situation counteracted his initial skepticism. Sivilay agreed.
MOTION: Kirk moved, seconded by Duncan to recommend approval of a Planned Unit Development Amendment with waivers on 18 acres and a Site Plan Review on 18 acres as represented in the September 9, 2024 staff report subject to
the conditions in that staff report. Motion carried 8-0.
PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Weber to adjourn. Motion carried 8-0. The meeting was adjourned at 7:41 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
Oct. 1, 2024
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 312096 - 312402
Wire Transfers 1036871 - 1036953 Wire Transfers 10745 - 10774
City of Eden Prairie
Council Check Summary
10/1/2024
Division Amount Division Amount
601 Prairie Village Liquor 108,601
100 City Manager 590,839 602 Den Road Liquor 220,957
101 Legislative 12,986 603 Prairie View Liquor 121,079
102 Legal Counsel -1,670 605 Den Road Building 4,949
110 City Clerk 136 701 Water Enterprise Fund 294,168
111 Customer Service 956 702 Wastewater Enterprise Fund 21,574
113 Communications 4,921 703 Stormwater Enterprise Fund 41,260
114 Benefits & Training 19,413 Total Enterprise Fund 812,588
131 Finance 515
133 Planning 92 802 494 Commuter Services 45,707
136 Public Safety Communications 1,184 807 Benefits Fund 648,755
137 Economic Development 404 812 Fleet Internal Service 160,116
151 Park Maintenance 34,215 813 IT Internal Service 24,514
154 Community Center 2,910 814 Facilities Capital ISF 12,478
156 Youth Programs 35,370 815 Facilites Operating ISF 75,288
157 Special Events 600 816 Facilites City Center ISF 34,062
158 Senior Center 389 817 Facilites Comm. Center ISF 29,824
162 Arts 300 818 Dental Insurance 9,073
180 Police Sworn 24,172 Total Internal Svc/Agency Funds 1,039,816
184 Fire 20,594
186 Inspections 423 Report Total 2,816,019
200 Engineering 1,209
201 Street Maintenance 21,025
202 Street Lighting 272
Total General Fund 771,255
301 CDBG 6,390
303 Cemetary Operation 505
Total Special Revenue Fund 6,895
308 E-911 129
315 Economic Development 1,400
502 Park Development 78,212
509 CIP Fund 12,871
512 CIP Trails 6,928
513 CIP Pavement Management 46,962
522 Improvement Projects 2006 16,416
526 Transportation Fund 1,111
541 Dell Rd (Crestwood to CSAH 61)21,433
804 100 Year History 3
Total Capital Projects Fund 185,464
City of Eden PrairieCouncil Check Register by GL
10/1/2024
Check #Amount Supplier / Explanation Account Description Business Unit Comments
312234 405,494 RON CLARK CONSTRUCTION Deposits General Fund Refund Escrow replaced by Letter of Credit
10747 314,360 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 09.06.24
10745 236,441 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 08.32.24
10750 169,366 MINNESOTA DEPT OF REVENUE Due to Other Governments Various Funds Sales tax Aug 2024
312202 96,024 HYDROCORP Improvement Contracts Water Capital
312393 80,030 TRICAM INDUSTRIES Deposits General Fund
312190 78,212 DMJ ASPHALT INC Other Contracted Services Park Acquisition & Development
312360 52,039 MIDWAY FORD Autos Fleet - Water
312367 47,865 NATIONAL AUTO FLEET GROUP Autos Fleet - Police
312312 46,500 ANDERSON REAL ESTATE GROUP Deposits General Fund
312198 43,642 GRAYMONT Treatment Chemicals Water Treatment
312201 39,480 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
312319 36,349 BITUMINOUS ROADWAYS INC Pavement Rehab Streets Pavement
10749 32,801 EMPOWER Deferred Compensation Health and Benefits
1036900 32,431 DIVERSE BUILDING MAINTENANCE Janitor Service Ice Arena Maintenance
312336 25,985 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.City Center - CAM
1036953 25,397 XCEL ENERGY Electric Various Funds
1036935 21,433 WSB & ASSOCIATES INC Design & Engineering Dell Rd (Crestwood to CSAH 61)
312173 21,350 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating
312124 21,261 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
10748 20,456 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
312137 19,996 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
312130 19,046 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
10763 17,435 U.S. BANK - I-494 PURCH. CARD Various 494 Corridor Commission
312397 17,100 VIDCRUITER INC Other Contracted Services Organizational Services
312400 16,968 GRI EDEN PRAIRIE, LLC Amortization Leases Prairie Village Liquor Store
10765 16,875 WEX HSA - Employee Health and Benefits
312401 16,698 PRAIRIEVIEW RETAIL LLC Amortization Leases Prairie View Liquor Store
1036939 16,416 GMH ASPHALT CORPORATION Improvement Contracts Improvement Projects 2006
312387 16,088 STEINER CONSTRUCTION Deposits General Fund
10752 16,000 PAYCHEX Wages and Benefits MM 494 Corridor Commission
312106 15,489 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
312337 14,760 GRAYMONT Repair & Maint. Supplies Water Treatment
312380 14,655 SOCCER SHOTS Instructor Service Recreational Sports
312285 13,821 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1036942 13,680 HAWKINS INC Treatment Chemicals Water Treatment
312379 13,276 SIR LINES-A-LOT Contracted Striping Traffic Signs
1036904 12,871 MOTOROLA Other Hardware Capital Maint. & Reinvestment
312352 12,819 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions City Council
312227 12,725 PRECISION UTILITIES Equipment Repair & Maint Wasterwater Collection
1036911 12,558 XCEL ENERGY Electric Various Funds
312377 12,478 SEBCO INC Other Contracted Services Facilities Capital
312348 12,090 LAVAN FLOOR COVERING Contract Svcs - General Bldg Park Shelters
1036882 12,084 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fire
312231 11,870 RACHEL CONTRACTING LLC Improvement Contracts Stormwater Capital
Check #Amount Supplier / Explanation Account Description Business Unit Comments103694711,616 MITY-LITE INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
312150 11,484 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
312252 11,471 VERIZON WIRELESS Data Plans - Police IT Operating
312156 10,925 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
312382 10,395 SSI KEF SLB LLC Electric Maintenance Facility
1036896 10,323 BIFFS INC Waste Disposal Park Maintenance
312174 9,849 BIRCH ENERGY Motor Fuels Fleet Operating
312362 9,819 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
312279 9,242 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
312199 9,067 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
312243 8,933 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Capital
312179 8,781 CEMSTONE PRODUCTS COMPANY Pavement Rehab Park Maintenance
312359 8,620 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
312232 8,087 REVOLUTIONARY SPORTS, LLC Instructor Service Recreational Sports
312134 7,472 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
312237 7,230 SELECT PHYSICAL THERAPY Other Contracted Services Police Sworn
312321 6,928 BRIGHTVIEW LANDSCAPE SERVICES Other Contracted Services CIP Trails
312126 6,901 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
312274 6,761 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
312112 6,549 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
312250 6,390 TRAVIS GLANZER HVAC Other Contracted Services Rehab
312338 6,210 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police
312178 6,121 CATALYST GRAPHICS INC Printing Communications
312272 6,057 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
312125 5,917 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
312115 5,831 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
312384 5,791 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital
312383 5,539 SSI KEF SLB LLC Electric Water Treatment
312142 5,521 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
10766 5,387 HEALTHPARTNERS Dental Insurance Dental Insurance
1036899 5,243 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution
1036943 4,986 HORIZON COMMERCIAL POOL SUPPLY Equipment Repair & Maint Pool Maintenance
312162 4,929 A. M. LEONARD Landscape Materials/Supp Reforestation
312340 4,846 HEALTHPARTNERS Wages and Benefits MM 494 Corridor Commission
312255 4,835 ZOHO CORP Software Maintenance IT Operating
312356 4,826 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
312296 4,796 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
312399 4,753 WM CORPORATE SERVICES INC Waste Disposal Fire Station #2
312342 4,730 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
312349 4,724 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
312392 4,722 THE JAMAR COMPANY Contract Svcs - Roof Maintenance Facility
312154 4,531 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
312228 4,515 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal
312273 4,451 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
312209 4,406 LEGACY GYMNASTICS Instructor Service Recreational Sports
312249 4,342 TOTAL MECHANICAL SERVICES Building Repair & Maint.Utility Operations - General
312290 4,244 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
312203 4,227 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
312133 4,209 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1036951 4,117 STREICHERS Clothing & Uniforms Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments3122544,080 WAYNES HOME SERVICES Equipment Repair & Maint Utility Operations - General
312153 3,870 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
312271 3,819 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1036946 3,774 METRO SALES INCORPORATED*Equipment Rentals IT Operating
1036895 3,718 BARR ENGINEERING COMPANY Other Contracted Services Stormwater Non-Capital
312121 3,689 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
10753 3,686 HEALTHPARTNERS Dental Insurance Dental Insurance
10767 3,658 WEX HSA - Employer Health and Benefits
10757 3,653 INVOICE CLOUD INC Bank and Service Charges Various Funds
312396 3,647 VAN PAPER COMPANY Cleaning Supplies General Community Center
312344 3,619 HOLIDAY INN EXPRESS & SUITES Reimburse-legal notices General Fund
312215 3,569 MARTIN MARIETTA MATERIALS Pavement Rehab Stormwater Collection
312259 3,495 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
312354 3,333 LOCKRIDGE GRINDAL NAUEN PLLP Legal Various Funds
312386 3,332 STATE OF MINNESOTA Autos Fleet - Police
312300 3,287 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
312164 3,215 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance
1036890 3,175 SHADYWOOD TREE EXPERTS INC Reimbursable Expenses Tree Removal
312144 3,132 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
312194 3,113 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
312267 3,084 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1036907 3,067 STREICHERS Clothing & Uniforms Police Sworn
312239 3,035 SJE INC Capital Under $25,000 Wastewater Capital
312241 3,002 SPORTS UNLIMITED Instructor Service Recreational Sports
312291 2,986 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
312221 2,950 OLSEN'S EMBROIDERY/COMPANY Operating Supplies Fleet Operating
312175 2,925 BITUMINOUS ROADWAYS INC Fire Hydrant Permits Water Enterprise Fund
1036922 2,912 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating
312111 2,813 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
312117 2,765 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
312350 2,746 LAWBURNER Other Contracted Services Police Sworn
312278 2,673 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
312128 2,651 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
312246 2,639 THE JAMAR COMPANY Contract Svcs - Roof Fire Station #4
312191 2,612 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
312101 2,563 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
312099 2,551 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
312388 2,473 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
312282 2,440 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
312310 2,415 AMERICAN TEST CENTER INC Employment Support Test Fire
312339 2,414 HANSON SPORTS LLC Instructor Service Recreational Sports
312145 2,323 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
312222 2,307 PERA Wages and Benefits MM 494 Corridor Commission
312185 2,258 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
312136 2,250 RISE RIGHT LLC Liquor Product Received Den Road Liquor Store
1036924 2,151 BRAUN INTERTEC CORPORATION Design & Engineering Stormwater Capital
312248 2,111 T-MOBILE CENTRAL LLC Developer Fees General Fund
312236 2,067 SAFELITE FULFILLMENT INC Equipment Repair & Maint Fleet Operating
312100 2,044 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
312245 2,010 THE ADVENT GROUP Temp 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments3122951,983 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
312281 1,948 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
312193 1,928 FAR FROM NORMAL SUPPLY INC Operating Supplies Traffic Signs
312105 1,875 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
312127 1,865 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
312172 1,846 BCM ONE Telephone IT Operating
312395 1,846 VALLEY RICH CO INC Outside Water Sales Water Enterprise Fund
1036944 1,773 LOGIS Network Support IT Operating
1036905 1,731 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Fire
312143 1,729 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
312307 1,708 AMAZING ATHLETES OF CENTRAL MN Instructor Service Recreational Sports
1036950 1,632 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint General Community Center
312357 1,629 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement
312147 1,606 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
312103 1,594 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
312391 1,593 THE ADVENT GROUP Temp 494 Corridor Commission
1036893 1,592 WSB & ASSOCIATES INC Testing Wastewater Capital
312317 1,582 ASSURED SECURITY Contract Svcs - General Bldg Park Shelters
10774 1,579 WEX FSA - Medical Health and Benefits
312277 1,520 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store
1036938 1,467 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
312141 1,394 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
312355 1,338 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
1036931 1,285 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Stormwater Non-Capital
312262 1,282 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1036926 1,279 CONCRETE CUTTING AND CORING Operating Supplies Tree Disease
312168 1,275 ASPEN CARPET CLEANING Janitor Service Den Road Liquor Store
1036901 1,266 GRAINGER Repair & Maint. Supplies City Center - CAM
312226 1,242 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
312287 1,221 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
312270 1,208 WINEBOW Liquor Product Received Prairie Village Liquor Store
312139 1,206 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
312368 1,200 NATIONAL COMPUTER TECHNOLOGIES Other Contracted Services Organizational Services
312258 1,197 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
312223 1,180 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire
1036887 1,179 HACH COMPANY Laboratory Chemicals Water Treatment
312306 1,120 ALADTEC INC Other Contracted Services Public Safety Communications
312325 1,118 CEMSTONE PRODUCTS COMPANY Pavement Rehab Stormwater Collection
1036877 1,107 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1036940 1,096 GRAINGER Safety Supplies Prairie View Liquor Store
312308 1,090 AMERICAN PRESSURE INC Repair & Maint. Supplies Water Treatment
312213 1,042 MARCO INC Hardware - R&M IT Operating
10769 1,025 WEX FSA - Dependent Care Health and Benefits
312176 1,000 BOLLIG & SONS INC Deposits General Fund
312192 1,000 ENCLAVE AT MANOR ROAD LLC Deposits General Fund
312289 981 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
312389 980 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
312292 977 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
312299 973 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1036880 944 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments312256894THE ESTATE OF JOSEPH C JOHNS Deposits General Fund
312169 877 ASPEN MILLS Clothing & Uniforms Fire
312212 872 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fleet Operating
10746 856 UKG INC Garnishment Withheld Health and Benefits
312280 849 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
312353 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn
312333 831 CRANE ENGINEERING INC Repair & Maint. Supplies Water Treatment
1036925 831 CLAREY'S SAFETY EQUIPMENT Equipment Repair & Maint Fire
312264 814 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1036920 792 VINOCOPIA Liquor Product Received Prairie View Liquor Store
10751 780 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
312341 761 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
1036916 759 VINOCOPIA Liquor Product Received Den Road Liquor Store
312235 726 RON THE SEWER RAT Equipment Repair & Maint Utility Operations - General
1036873 712 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
312381 705 SOLUTION BUILDERS Computers 494 Corridor Commission
312102 675 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1036921 664 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
312132 661 MEGA BEER Liquor Product Received Den Road Liquor Store
312216 659 MINNESOTA AIR INC Building Repair & Maint.Water Treatment
312269 644 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
1036928 633 HAAK LORI Conference/Training Stormwater Non-Capital
312313 630 APPLIANCE OUTLET CENTER Supplies - General Bldg City Hall (City Cost)
1036894 612 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
312309 605 AMERICAN RED CROSS Licenses and Fees Pool Lessons
312196 600 GALACTIC COWBOY ORCHESTRA THE Other Contracted Services Special Events Admin
312366 600 MVP CRICKET LLC Instructor Service Recreational Sports
10759 589 WEX FSA - Medical Health and Benefits
312123 588 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
312129 585 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
312298 585 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
312260 580 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
312314 567 AQUA LOGIC INC Supplies - Pool Pool Maintenance
312138 558 WILD MIND ALES LLC Liquor Product Received Den Road Liquor Store
312303 551 M-R SIGN CO INC Signs Traffic Signs
312149 550 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
312331 546 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance
312200 535 HEDBERG FRED Rebates Stormwater Non-Capital
10771 515 US BANK - PAYMODE Bank and Service Charges Finance
1036941 513 GRAYBAR Supplies - HVAC Fire Station #1
1036945 499 MENARDS Repair & Maint. Supplies Traffic Signals
312230 498 PUMP AND METER SERVICE Operating Supplies Fleet Operating
312343 498 HIGHWAY 5 BP Motor Fuels Fleet Operating
312332 495 CORE & MAIN Repair & Maint. Supplies Wasterwater Collection
312275 489 DOMACE VINO LLC Liquor Product Received Den Road Liquor Store
1036936 489 ANCHOR PAPER COMPANY Office Supplies Customer Service
312165 487 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
312265 477 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
312302 476 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1036918 474 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments312263472JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1036949 471 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
312188 450 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
312208 445 LANO EQUIPMENT INC Equipment Parts Fleet Operating
1036908 440 TRANE U.S. INC Supplies - HVAC Facilities Staff
1036879 428 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1036888 423 LEONARD, MICHELLE Conference/Prof. Dev.494 Corridor Commission
312219 418 MOBILE PRO SYSTEMS Equipment Repair & Maint Police Sworn
312161 410 M-R SIGN CO INC Signs Traffic Signs
312152 409 MEGA BEER Liquor Product Received Prairie View Liquor Store
1036914 406 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1036930 404 LINDAHL, DAVID Travel Expense Economic Development
312322 404 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Park Shelters
312131 404 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1036903 398 METRO SALES INCORPORATED*Equipment Rentals IT Operating
312351 392 LAWN RANGER, INC, THE Reimbursable Expenses Park Maintenance
1036933 382 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
312218 382 MN DEPT OF TRANSPORTATION Testing CIP Pavement Management
1036886 360 GENERAL PARTS LLC Repair & Maint. Supplies Den Road Liquor Store
1036902 355 MENARDS Operating Supplies Street Maintenance
312167 352 ARCPOINT LABS OF EDINA Employment Support Test Organizational Services
312316 337 ASPEN MILLS Clothing & Uniforms Fire
312242 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire
312217 324 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
312166 322 AMERICAN RED CROSS Licenses and Fees Pool Lessons
1036917 320 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
312140 310 WINEBOW Liquor Product Received Den Road Liquor Store
312097 300 PETTY CASH Petty Cash & Change Funds General Fund
312187 300 DENN TRICIA Other Contracted Services Fall Harvest
312244 296 STAPLES ADVANTAGE Office Supplies Customer Service
312305 292 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
312107 289 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
312335 289 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Ellie Apartments
312108 282 MEGA BEER Liquor Product Received Prairie Village Liquor Store
312118 277 WINEBOW Liquor Product Received Prairie Village Liquor Store
312160 274 WINEBOW Liquor Product Received Prairie View Liquor Store
312284 272 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
312374 270 SAFETY VEHICLE SOLUTIONS Repair & Maint. Supplies Fire
10770 266 VANCO SERVICES Bank and Service Charges Wastewater Accounting
1036883 262 EICHMAN NATHAN Canine Supplies Police Sworn
312283 262 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
10761 257 OPTUM HEALTH Other Contracted Services Health and Benefits
1036874 247 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
312189 245 DIRECTV Cable TV Community Center Admin
1036937 244 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
312148 242 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
312113 240 RETRO BAKERY Liquor Product Received Prairie Village Liquor Store
312135 240 RETRO BAKERY Liquor Product Received Den Road Liquor Store
312155 240 RETRO BAKERY Liquor Product Received Prairie View Liquor Store
1036878 239 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments312229236PROPIO LS LLC Other Contracted Services Police Sworn
312293 234 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
312253 230 VESTIS SERVICES LLC Janitor Service Prairie View Liquor Store
312122 230 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
312159 227 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
312257 224 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
312163 219 ACME TOOLS Repair & Maint. Supplies Utility Operations - General
312297 217 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
312109 217 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
312120 216 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1036872 214 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
312206 210 JETTY SUBRAMANYAM AR Utility Water Enterprise Fund
312334 210 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1036871 210 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
312304 204 ACME TOOLS Repair & Maint. Supplies Utility Operations - General
312197 198 GERTENS Chemicals Park Maintenance
312320 197 BOUND TREE MEDICAL LLC EMS Supplies Fire
312375 195 SAMBATEK INC Design & Engineering Water Capital
10755 192 WEX FSA - Dependent Care Health and Benefits
312098 192 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
312146 192 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store
312104 189 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
1036875 178 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
312225 177 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
312158 175 WILD MIND ALES LLC Liquor Product Received Prairie View Liquor Store
312286 170 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
312247 167 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
312261 164 ELM CREEK BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
312294 164 ELM CREEK BREWING COMPANY Liquor Product Received Prairie View Liquor Store
312096 163 US POSTMASTER - HOPKINS Postage Senior Center Admin
1036923 162 ADAMS PEST CONTROL INC Maintenance Contracts Water Treatment
312214 160 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn
312276 160 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store
1036891 150 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Pleasant Hill Cemetery
312361 149 MINNESOTA AIR INC Supplies - General Bldg City Center - CAM
1036919 146 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
312373 145 RAWN JASON AR Utility Water Enterprise Fund
1036912 144 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
312110 141 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1036929 141 HANSON EVAN Mileage & Parking Facilities Staff
312116 140 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
312186 140 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating
312240 138 SOLUTION BUILDERS Computers 494 Corridor Commission
312326 135 CENTURYLINK Internet IT Operating
312365 134 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
312371 130 PAUL JENISHTON P&R Refunds Community Center Admin
1036913 129 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1036915 129 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
312394 129 TULLY KEIKO Conference/Prof. Dev.494 Corridor Commission
312329 129 COMCAST Telephone E-911 Program
Check #Amount Supplier / Explanation Account Description Business Unit Comments1036898128CDW GOVERNMENT INC.Hardware - R&M IT Operating
10754 127 WEX FSA - Medical Health and Benefits
312266 125 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
312378 125 SENDER JOSH Tuition Reimbursement/School Fitness Classes
312268 124 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
1036876 123 VINOCOPIA Liquor Product Received Den Road Liquor Store
312181 120 CINTAS CORPORATION Safety Supplies Community Center Admin
312327 120 CINTAS CORPORATION #470 Repair & Maint. Supplies Fleet Operating
312288 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
312204 118 ISC COMPANIES INC Repair & Maint. Supplies Water Treatment
312315 109 ASPEN CARPET CLEANING Janitor Service Den Road Liquor Store
312311 109 ANDERSON PHILIP AR Utility Water Enterprise Fund
312177 108 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
1036885 107 GEIS, ROB Clothing & Uniforms Police Sworn
312157 105 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
312207 105 LAKE COUNTRY DOOR LLC Supplies - General Bldg Fire Station #3
1036927 105 FLEETPRIDE INC Equipment Parts Fleet Operating
1036952 104 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance
312330 103 COMCAST Cable TV Fire
1036881 103 BOHNSACK, SUE Mileage & Parking Senior Center Admin
312114 101 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
312151 100 LUCE LINE BREWING CO LLC Liquor Product Received Prairie View Liquor Store
312220 100 MSSA Licenses, Taxes, Fees Street Maintenance
312119 99 56 BREWING LLC Liquor Product Received Den Road Liquor Store
312347 95 KIESLER POLICE SUPPLY INC.Clothing & Uniforms Police Sworn
312385 92 STAPLES ADVANTAGE Office Supplies Customer Service
312195 92 FISHER, ROD Travel Expense Heritage Preservation
312358 89 MCCUNE CHRIS Conference/Training Park Maintenance
10756 83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
312170 81 AUSTIN CHARLENE Tuition Reimbursement/School Fitness Classes
312238 79 SHULTS TATYANA Tuition Reimbursement/School Fitness Classes
312402 75 TRAISER LISA Other Contracted Services Senior Center Programs
312184 68 COMCAST Cable TV Fire
312370 67 PATERA JENNIFER P&R Refunds Community Center Admin
312390 65 SYVERSON TESSA Mileage & Parking Youth Programs Admin
1036906 65 STAR TRIBUNE MEDIA COMPANY LLC Dues & Subscriptions Police Sworn
312233 65 RICHFIELD PRINTING INC Office Supplies Customer Service
1036948 64 MOTOROLA Equipment Repair & Maint Public Safety Communications
312372 62 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
1036884 62 FLEETPRIDE INC Equipment Parts Fleet Operating
312301 58 WILD MIND ALES LLC Liquor Product Received Prairie View Liquor Store
312183 56 COMCAST Cable TV Fire
312171 55 BATTERIES PLUS BULBS Supplies - General Bldg City Center - CAM
312363 51 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
1036934 48 ROCKEY, JOSH Mileage & Parking Senior Center Admin
1036909 43 ULINE Operating Supplies Police Sworn
10773 43 WEX FSA - Medical Health and Benefits
312369 40 O'REILLY, WILLIAM AR Utility Water Enterprise Fund
10764 38 WEX FSA - Medical Health and Benefits
312251 36 VAN PAPER COMPANY Cleaning Supplies General Community Center
Check #Amount Supplier / Explanation Account Description Business Unit Comments31220534JANSEN SABRINA P&R Refunds Community Center Admin
312210 34 LINDVIG LAURA P&R Refunds Community Center Admin
312345 33 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
10758 31 WEX FSA - Medical Health and Benefits
312346 30 JENTZ MICHAEL AR Utility Water Enterprise Fund
10760 28 WEX FSA - Medical Health and Benefits
312376 25 SANDOVAL EMILY P&R Refunds Community Center Admin
10768 22 WEX FSA - Medical Health and Benefits
1036892 22 SPOK, INC.Cell/Pager Plans IT Operating
10762 21 MONEY MOVERS INC Other Contracted Services Community Center Admin
312180 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
312323 20 CARVER COUNTY Licenses, Taxes, Fees Customer Service
312398 20 VITAL RECORDS - NOTARY Licenses, Taxes, Fees Police Sworn
1036932 19 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
312182 17 CLEVELAND MEGAN P&R Refunds Community Center Admin
312211 17 LISTON SARAH P&R Refunds Community Center Admin
312364 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
312318 10 BEVERS DORIS P&R Refunds Community Center Admin
312224 9 PETTY CASH Operating Supplies Engineering
10772 8 WEX FSA - Medical Health and Benefits
1036910 8 UPS Postage Utility Operations - General
312324 6 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
312328 4 COMCAST Other Contracted Services Police Sworn
1036897 3 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
1036889 3 OLSEN CHAIN & CABLE Operating Supplies Fleet Operating
2,816,019 Grand Total