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HomeMy WebLinkAboutCity Council - 01/07/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Jan. 7, 2025 City Center Heritage Rooms, Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter MEETING AGENDA Heritage Rooms I. Planning Commission Work Plan 5:30 to 5:50 p.m. II. Parks, Recreation and Natural Resources Commission Work Plan 5:50 to 6:10 p.m. III. Athletic Field Policy 6:10 to 6:30 p.m. Council Chambers IV. Open Podium V. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, Jan. 7, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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 MEETING AGENDA I. Call the Meeting to Order II. Pledge of Allegiance III. Swearing In of Council Members Narayanan and Toomey IV. Open Podium Invitation V. Proclamations and Presentations A. Winter salt awareness week Proclamation VI. Approval of Agenda and Other Items of Business VII. Minutes A. City Council Workshop held Tuesday, December 3, 2024 B. City Council Meeting held Tuesday, December 3, 2024 VIII. Consent Calendar A. Clerk’s List B. Adopt Resolution establishing meeting dates and times for City Boards and Commissions for 2025 C. Adopt Resolution authorizing Treasurer or Deputy Treasurer to invest City of Eden Prairie funds CITY COUNCIL MEETING AGENDA January 07, 2025 Page 2 D. Adopt Resolution authorizing Treasurer or Deputy Treasurer to make electronic fund transfers for City of Eden Prairie E. Adopt Resolution authorizing City officials to transact banking business F. Adopt Resolution designating depository G. Adopt Resolution authorizing use of facsimile signatures by public officials H. Adopt Resolution authorizing payment of certain claims by Finance department without prior council approval I. Adopt Resolution authorizing expenditure of fiscal year 2025 opioid settlement funds J. Adopt Resolution endorsing Safe Routes to School grant application and authorizing execution of grant agreement with the Minnesota Department of Transportation K. Adopt Resolution authorizing execution of Safe Road Zones grant agreement with the Minnesota Department of Transportation L. Approve investment policy M. Approve legislative services agreement with Lockridge Grindal Nauen N. Approve purchase of a mini-caliber tracked robot O. Approve professional services agreement amendment for Prairie Center Drive pavement rehabilitation project construction administration services with SRF Consulting Group P. Approve professional services agreement amendment for Prairie Center Drive and Franlo Road intersection improvements construction administration services with SRF Consulting Group Q. Authorize purchase of a salt crusher dirt pulverizing bucket with hydraulic hoses and loader mount R. Authorize purchase of two portable changeable message boards S. Approve upgrade to electronic plan review software as a service with Avolve T. Declare obsolete computer equipment as surplus and authorize disposal U. Approve renewal of towing services agreement between the City of Eden Prairie and Allen’s Service, Inc. doing business as (DBA) Matt’s Auto Service CITY COUNCIL MEETING AGENDA January 07, 2025 Page 3 IX. Public Hearings and Meetings X. Payment of Claims XI. Ordinances and Resolutions A. First reading of Ordinance amending Chapter 9 related to fences and vision impacts XII. Petitions, Requests, and Communications XIII. Appointments A. Adopt Resolution designating official City newspaper B. Adopt Resolution designating official meeting dates, time, and place for City council in 2024 and appointing acting mayor C. Adopt Resolution appointing Commissioners to Eden Prairie Housing and Redevelopment Authority D. Adopt Resolution appointing Director and Alternate Director to Suburban Rate Authority E. Adopt Resolution appointing Municipal Representatives to the Fire Relief Association Board of Trustees F. Appointment of Delegate and Council Members as Alternates to National League of Cities G. Appointment to Municipal Legislative Commission H. Appointment to Southwest Cable Commission I. Appointment to I-494 Commission J. Appointment of Assistant Weed Inspector K. Appointment to Southwest Transit Commission XIV. Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director CITY COUNCIL MEETING AGENDA January 07, 2025 Page 4 1. Update to the Community Development 2023-2027 Strategic Plan D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XV. Other Business XVI. Adjournment City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Proclamations and Presentations Item Number: V.A. Department: Public Works/Engineering - Lori Haak, Water Resources Coordinator ITEM DESCRIPTION Winter Salt Awareness Week Proclamation. REQUESTED ACTION Proclaim January 27 through January 31, 2025 as Winter Salt Awareness Week. SUMMARY Road salt (primarily sodium chloride) is used to increase safety on icy streets, sidewalks, and parking lots throughout Eden Prairie. However, chlorides from salt permanently pollute drinking water, lakes, creeks, and wetlands. Chloride concentrations in Eden Prairie’s water resources are slowly increasing, mainly from winter salt use. The City of Eden Prairie is a leader in reducing salt application while maintaining safe roads through the continued efforts of City winter maintenance crews. The public is less aware of the impacts of salt overuse. The focus on salt during Winter Salt Awareness Week will help educate the public on the problem of salt pollution and ways to safely reduce salt use. Background: Wisconsin Salt Wise was founded in 2020 to promote collaboration on salt reduction throughout the state. In 2024, several Minnesota organizations joined Winter Salt Week 2024 to increase awareness about salt as a pollutant of concern in cold climates. While the City did not participate in 2024, Winter Salt Week 2025 (https://wintersaltweek.org/) will involve posts on the City’s social media channels to educate about salt pollution, promote daily webinars on different topics, share resources for homeowners associations and faith-based communities through the “Low Salt, No Salt Minnesota” program, and encourage residents and businesses to participate in local events to reduce salt use (led by Nine Mile Creek Watershed District and Riley Purgatory Bluff Creek Watershed District). In addition to being a leader in salt application reduction for winter maintenance, the City of Eden Prairie has been a Low Salt Design Pilot City since August 2023 and is incorporating better winter design principles into its Eden Prairie Police Department remodel. Staff has presented to local and national audiences about solving winter problems before they start by designing with winter in mind. ATTACHMENTS Winter Salt Awareness Week Proclamation PROCLAMATION City of Eden Prairie Hennepin County, Minnesota Winter Salt Awareness Week Jan. 27-31, 2025 WHEREAS, the City of Eden Prairie relies on de-icing salt as part of its winter maintenance program to maintain safe and accessible roadways; and WHEREAS, all salt applied to roads, sidewalks, and parking lots ends up in our freshwater; and WHEREAS, chloride contamination from de-icing salt has been found in lakes, streams, and groundwater in the Nine Mile Creek, Riley Purgatory Bluff Creek, and Minnesota River watersheds and across the state; and WHEREAS, reducing overuse of de-icing salt reduces damage to infrastructure and property, protects freshwater resources, and reduces harm to aquatic plants and animals; and WHEREAS, it is crucial to raise awareness among residents, businesses, and local government agencies about the responsible use of de-icing salt to protect both public safety and the long- term health of our freshwater resources; and WHEREAS, Winter Salt Awareness Week provides an opportunity to educate our community about the responsible use of de-icing salt, including environmental considerations and effective application methods; and WHEREAS, the City is committed to promoting a sustainable approach to winter maintenance for the benefit of present and future generations; and NOW, THEREFORE, BE IT RESOLVED, the Eden Prairie City Council proclaims January 27 to 31, 2025 as WINTER SALT AWARENESS WEEK in the City of Eden Prairie and urges all residents and businesses to take part in activities and initiatives that promote the responsible use of de-icing salt. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey Unapproved Minutes Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Dec. 3, 2024 City Center Heritage Rooms and Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara Potter HERITAGE ROOMS I.State Legislative Delegation Discussion with Senator Cwodzinski, Representative Falconer, and Representative Kotyza-Witthuhn Case welcomed Senator Cwodzinski, Representative Falconer, and Representative Kotyza- Witthuhn. Getschow explained upcoming legislative issues including supporting the following items: a bill to amend Tax Increment Financing (TIF) rules to qualify Eden Prairie Center as a redevelopment district, a bonding request for the future Highway 4 and 5 interchange, and a bill appropriating funds for a Police and Fire specialized response garage. Getschow noted the City is part of the Municipal Legislative Commission (MLC), which has a platform of 2025 legislative issues including increasing affordable housing, strengthening the state-local fiscal partnership, supporting safer communities, and investing in infrastructure, transportation, and economic development. The City is not currently pursuing a local option sales tax and supports property tax relief directly to taxpayers. The City is also one of the largest contributors to fiscal disparities and does not receive local government aid. Getschow explained legislation proposed in the last session preempted local control related to housing density. One size fits all is not the best way to expand much needed housing. Case added this legislation is likely proposed for cities that have done a poor job at incorporating affordable housing. It would have disregarded City’s comprehensive plans and removed public hearings for proposed developments. Case noted the importance of legislators soliciting input for this type of proposed legislation with councilmembers. Cwodzinski stated thanks is due to the MLC for stopping the housing legislation but asked the CITY COUNCIL MEETING AGENDA January 07, 2025 Page 2 council to contact him regarding harmful legislation. Cwodzinski asked if the proposed Police and Fire special response garage will have a regional benefit. Sackett stated the City has a congressionally directed spending grant for a new mobile command center (MCC). This MCC is a regional Police and Fire resource. Many surrounding cities do not have a MCC, and the City’s is used for major events in nearby areas. The garage would also hold tactical response and public safety equipment that is shared by regional teams. Toomey asked if drones are shared with surrounding areas. Sackett confirmed drones are shared. Gerber added the City has one of eight Life Safety Unit trailers in Hennepin County, which is a shared resource for the surrounding area. These trailers are heated and used to rehabilitate firefighters during winter months. Cwodzinski stated his confidence the TIF legislation qualifying Eden Prairie Center as a redevelopment district will pass in the senate. Bonding money is limited and will likely be directed toward aging water and wastewater treatment facilities in small communities. Cwodzinski noted his appreciation that Eden Prairie is represented by one senator and two house members, a rarity for a city of this size. Neighboring Plymouth is represented by three senators and five to six house members. Narayanan asked if there will be environmental initiatives in the upcoming session. The City has pledged to achieve carbon neutrality by 2050. Cwodzinski noted the environmental committee was the hardest committee he’s served on as environmental protection and economic development are often at odds. Kotyza-Witthuhn stated she authored a portion of legislation banning the use of intentionally added PFAS for juvenile products under the age of 12. This ban goes into effect on January 1st and includes items such as car seats, crib stuffing, and bibs. PFAS is a forever chemical, it does not exit your system unless your exposure is minimized or eliminated. Kotyza-Witthuhn noted she is co-chair of the Children and Families Finance and Policy committee. The childcare workforce is the backbone of the entire workforce. It is difficult to work without safe and reliable childcare. Case welcomed Falconer and extended congratulations on his recent election. Falconer stated his excitement and noted his focus on absorbing information. Falconer stated his top committee choice is environmental but assignments have yet to be confirmed. Narayanan noted Southwest Transit is an important service for residents and ridership is quickly increasing. Narayanan asked the legislators to support Southwest Transit. More electric vehicles are being incorporated into the fleet, which will help the City reach its carbon neutral by 2050 goal. Case noted Southwest Trasit is piloting the use of autonomous vehicles in the City, one of the first communities in the State to do so. The pilot has prompted conversations surrounding the City’s involvement with the Metropolitan Council. Legislators have discussed the need for a revamp of the Met Council. Case asked the legislators to contact the Councilmembers for their CITY COUNCIL MEETING AGENDA January 07, 2025 Page 3 input if the issue arises. Case stated the City is also involved with the Metropolitan Airport Commission (MAC) and noted legislation can alter the airports operations and asked the legislators to seek input from the Councilmembers. Having an airport is a divisive resource for residents who dislike the noise and pilots who appreciate having a nearby airport. Case discussed the Light Rail Transit, likely to be operational in 2027. Cwodzinski stated the Metropolitan Council is often criticized for lack of transparency and should be an elected body. Narayanan noted he has heard complaints from Southwest Transit that the funding allocation is not transparent. Nelson noted her appreciation for recent legislation requiring Homeowners Associations (HOAs) to allow solar panels. Electric equipment such as lawn mowers are slowly becoming more popular. Kotyza-Witthuhn discussed the need to update HOA regulations. Freiberg stated large retail manufacturers such as Toro are moving away from gas powered equipment. Prices of electric equipment are decreasing and battery capacity is increasing. Kotyza-Witthuhn stated frequency of use should be considered. Upgrading items used daily such as lightbulbs can have a large impact. Getschow explained the City subsidizes Energy Squad visits to help homeowners find energy saving opportunities. Case summarized the importance of government offering incentives to motivate behavior in lieu of mandates. The market can drive change. Case noted there are now electric airplanes that have the potential to reduce noise impacts in the future. Kotyza-Witthuhn summarized her involvement with the house aviation caucus. Narayanan asked if there is any concern regarding insurance increases. Kotyza-Witthuhn noted the insurance industry is regulated by the commerce department. Kotyza-Witthuhn stated she is chair of the commerce committee. Last session there was a presentation on climate change and its affect on the insurance industry. Incredible weather events are increasing, leading to more frequent claims. Cwodzinski summarized the positive feedback received from residents on a recent door knocking trip. Case thanked the legislators for coming and expressed gratitude for the partnership between the City and legislators. COUNCIL CHAMBERS II. Open Podium Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, Dec. 3, 2024 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: 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, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville MINUTES I. Call the Meeting to Order Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. Pledge of Allegiance III. Open Podium Invitation Getschow explained the role of the HRA and its agenda item. On September 3, 2024, the HRA approved the proposed 2025 HRA property tax levy and budget. Also on September 3, 2024, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2025 HRA property tax levy and budget. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. IV. Proclamations and Presentations A. Adopt Resolution accepting Parks and Recreation Fall 2024 donations Markle pointed out that the donations, totaling $16,930, allow the City to offer special events, programs, and educational activities at little or no cost to residents. Businesses increase their exposure and interaction with the community and increase the ability of our residents to enjoy our programs. All donations for Parks and Recreation special events will be used to enhance the events and lower overall costs. Narayanan asked how much money Eden Prairie receives for the total amount of donations annually. Markle estimated $50,000 to $60,000 in annual donations. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2024- CITY COUNCIL MEETING AGENDA December 03, 2024 Page 2 090 Accepting multiple fourth-quarter 2024 donations to Parks and Recreation. Motion carried 5-0. V. Approval of Agenda and Other Items of Business MOTION: Nelson moved, seconded by Narayanan, to approve the agenda as published. Motion carried 5-0. VI. Minutes A. City Council Workshop held Tuesday, November 12, 2024 B. City Council Meeting held Tuesday, November 12, 2024 MOTION: Toomey moved, seconded by Narayanan, to approve the minutes of the Council workshop held Tuesday, November 12, 2024, and the City Council meeting held Tuesday, November 12, 2024, as published. Motion carried 5-0. VII. Reports of Advisory Boards and Commissions VIII. Consent Calendar A. Clerk’s List B. Adopt Resolution No. 2024-091 accepting donations and in-kind contributions C. Approve contract for accounts payable payment processing with Corcentric D. Nexus Innovation Center by Endeavor Development approve Development Agreement and adopt Resolution No. 2024-092 rescinding Resolution No. 2024- 062 E. Three Oaks Estates by Nathan Haasken approve amendment to Development Agreement F. Approve amended fitness network location services (FNLS) agreement for Community Center silver and fit membership program with American Specialty Health Fitness, Inc. and adopt Resolution No. 2024-093 conditionally approving the amended FNLS G. Award bid for I.C. 25-6340 lime residuals hauling and disposal from 2025 through 2027 to Huls Brothers Trucking, Inc. H. Award contracts for 25-6253.1 water treatment chemicals for 2025 I. Approve change order no. 2 for Prairie Center Drive and Franlo Road intersection CITY COUNCIL MEETING AGENDA December 03, 2024 Page 3 improvements project J. Approve construction contract amendment for repair of Viking Drive traffic signal pole with Egan Company K. Approve construction contract to perform structural repair of sanitary sewer manhole with Minger Construction Co. L. Approve 2025 replacement vehicle and equipment purchase and declare vehicles scheduled for replacement as surplus M. Declare property as surplus and authorize disposal MOTION: Narayanan moved, seconded by Toomey, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. Public Hearings and Meetings A. Adopt Resolution No. 2024-094 certifying 2025 property tax levy, adopting 2025 budget, and approving 2025 HRA tax levy Getschow explained on September 3, 2024, the Eden Prairie City Council adopted a resolution certifying the proposed 2025 City budget and property tax levy. Wilson pointed out the purpose of the meeting is to solicit public input on the City’s proposed tax levy and budget for next year. Calculations for the City showed the budget to be $62,778,864 and the certified levy to be $49,978,940 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of is $47,444,147. She provided more details on various budget items. Wilson noted the 2025 proposed budget maintains City services with a budget increase of 4.3% in the general fund and a total budget increase of 4.1% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 5.8%. Getschow explained the budget process is ongoing, and Staff consistently survey the community regarding quality of life. He detailed the goals for the 2024-2025 budget and then provided information on median value property, property tax impacts, class rate schedules, and unique impacts on local taxes. Getschow showed comparably cities and their respective tax levies. John Miller, 18616 Twilight Trail, stated his tax increase was 17 percent even though his home was only slightly above the median. His son recently moved to Eden Prairie and experienced an 18 percent increase. Miller claimed Staff CITY COUNCIL MEETING AGENDA December 03, 2024 Page 4 presented faulty numbers, and the actual increases are unsustainable. The Council has an option to pursue an alternative path or else the community may incite violence and want to hang the Mayor. He recommended the Council decrease or maintain the tax levy in the future. He provided examples of cost- savings the City could pursue such as reducing services, decreasing the size of government, and re-engineering the tax process. Steve Wagner, 9325 Wilderness Cove, claimed the City’s taxes have increased 46.5 percent since 2019. His taxes increased by ten percent even though his property value only increased by three percent. The social security cost of living adjustment was merely 2.5 percent. The increases are unsustainable. Wagner made comments regarding hanging the Mayor. He suggested information on the tax calculations be presented to the community earlier on. Wagner added some City programs are overfunded. He suggested the Council lobby with State officials to create real change. Case stated violence is very real in their society, and the comments that he should be hanged are highly inappropriate. The Council serves the City and are fellow community members. Councilmembers have discussed the budget at 13 meetings in the past two years. MOTION: Nelson moved, seconded by Freiberg, to close the public hearing. Motion carried 5-0. MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2024- 094 certifying the 2025 Property Tax levy to be $49,978,940, approve the 2025 Budget of $62,778,864 as reviewed by the Council, and approve the HRA tax levy and budget of $220,000. Case reiterated the tax system in Minnesota is extremely complicated. Eden Prairie doesn’t have control over 75 percent of its resident’s taxes. Ultimately, the budget reflects the values of the community, and the Council is elected to implement said values. The City regularly surveys the community to gather feedback. Case stated the City’s finances are transparent and available for review by any parties. The calculations are correct. Minnesota implements a higher tax burden on homes about each city’s median value. 88 percent of the City’s budgetary increases are for wages and benefits for Staff. Case pointed out Eden Prairie has a great tax base and a majority of residents love living in the City. In comparison to similar cities, Eden Prairie has a low tax rate. At the end of the day, the Council can only set the City’s budget. Nelson added the largest portion of the budget is for the Police Department and CITY COUNCIL MEETING AGENDA December 03, 2024 Page 5 Fire Department; public safety is important for each family in Eden Prairie. The next largest portion is for Parks and Recreation, which is the most prized amenity among residents. Next is Public Works which provides utilities and street maintenance, and they consistently look for new and innovative ways to serve the City. She thanked the Staff for their consistent efforts to care for the Eden Prairie community in a cost-effective manner. Narayanan stated the budget process always starts with a community survey. He noted agreement with Case that some of the public comments were inappropriate. Any specific concerns with the budget can be discussed with Getschow. The survey showed a desire for increased public safety efforts. Parks and Recreation is one of the main reasons people move to Eden Prairie. Also, the Public Works services are superior to other areas. He thanked the Staff for their hard work and dedication to the community. Narayanan noted it is important to compare Eden Prairie to other cities to understand the quality of its services. He doesn’t want to live elsewhere because of the City’s services, amenities, and community. He stated he wouldn’t want the ambulances to be slower or for the snow to be removed less effectively. VOTE ON THE MOTION: Motion carried 5-0. B. Approve first and second readings of Ordinance No. 15-2024 updating 2025 fee schedule for administration of official controls and adopt Resolution No. 2024-095 approving summary Ordinance Getschow stated the proposed Ordinance establishes a fee schedule for the City’s costs in administering Official Controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing and to approve first and second readings of Ordinance No. 15-2024 updating the fee schedule for administration of official controls and adopt Resolution No. 2024-095 approving the summary for publication. Case pointed out that the Council relies on Staff’s expertise to set the fee schedule. VOTE ON THE MOTION: Motion carried 5-0. C. Adopt Resolution No. 2024-096 approving 2025 fees for city services CITY COUNCIL MEETING AGENDA December 03, 2024 Page 6 Getschow noted the proposed Resolution updates the fee schedule for the City’s services not covered by ordinance. He provided examples of various fees. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing and adopt the 2025 Fee Resolution. Motion carried 5-0. D. Adopt Resolution No. 2024-097 approving five-year bond Capital Improvement Plan and providing preliminary approvement for issuance of bonds thereunder, adopt Resolution No. 2024-098 approving 2025 to 2034 CIP Getschow explained the process for bonding and the Capital Improvement Plan (CIP). The City plans for capital maintenance and improvements by preparing a CIP. The CIP represents a framework for planning the preservation and expansion of capital including equipment, facilities, and infrastructure. It sets forth the estimated schedule, timing, and details of specific improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. It is a working plan and as circumstances warrant actual spending will differ throughout the period. All projects over $20,000 are brought back to the City Council at the time of execution for final review and approval. Wilson provided a funding summary for various offerings in Eden Prairie. She noted the City plans to remodel existing vacant space on the west side of the City building of approximately 73,000 square feet for the Police Station, which would include enclosed parking for police vehicles and 23,000 square feet for city office or meeting space. She also detailed significant engineering, fleet, Parks and Recreation, and Fire Department projects. Wilson then presented a graph with projected debt levies. Getschow pointed out City plans to issue capital improvement bonds to pay for the Police Department remodel. The debt was planned for once the Community Center debt ended. The statute covering the issuance of capital improvement bonds, Minnesota Statutes, Section 475.521, as amended, requires a public hearing on the bond capital improvement plan and the issuance of bonds thereunder. The maximum amount of bonds expected to be issued for the project is $26.5 million. The Council can issue any amount of bonds less than this amount. Nelson noted Eden Prairie having the highest bond rating is key to saving money. Wilson explained bond ratings and their history. Narayanan asked how much money the City receives from the State in a typical ten-year period. Wilson explained the residents only pay the $400,000 portion CITY COUNCIL MEETING AGENDA December 03, 2024 Page 7 of the tax levy. Getschow added they are profits from positive years and enterprise fund revenues. There were no comments from the audience. MOTION: Narayanan moved, seconded by Toomey, to close the public hearing, adopt Resolution No. 2024-097 approving Five-Year Bond Capital Improvement Plan and Providing Preliminary Approval for the Issuance of Bonds Thereunder, and adopt Resolution No. 2024-098 approving the 2025 to 2034 Capital Improvement Plan. Case explained the process for a referendum and options for community input. The Police Station is a necessity for the community and the renovation has been planned for a number of years. Toomey added the Police Station was built 30 years ago when there were 45 officers. Today, the Police Department has over 70 officers. The indoor parking will prolong the life of the vehicles and the sustainability improvements will also save the City money. VOTE ON THE MOTION: Motion carried 5-0. X. Payment of Claims MOTION: Nelson 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 CITY COUNCIL MEETING AGENDA December 03, 2024 Page 8 F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XV. Other Business XVI. Adjournment MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:51 p.m. Respectfully submitted, ________________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: Section: Jan. 7, 2025 Consent Calendar Item Number: VIII.A. Department: Police/Support Unit ITEM DESCRIPTION Clerk’s License Application List. REQUESTED ACTION Approve the licenses listed below. SUMMARY 2025 Renewal Licenses Commercial Kennel Kingdale Kennels, Inc 6574 Flying Cloud Dr Wag ‘n Woofs, LLC DBA: Wag ‘n Woofs 7071 Shady Oak Road 2025 Renewal Licenses Private Kennel Michael Kelley 8575 Big Woods Lane Carly Lodewyks 8701 Bentwood Dr Reid & Jeanne Mandel 10541 East Riverview Drive Nancy Parker 7402 Bittersweet Drive Annette & John Thayer 9263 Preston Place City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.B. Department: Administration / Office of the City Manager ITEM DESCRIPTION Designate official meeting dates, times, and locations for Board and Commission meetings. REQUESTED ACTION Move to adopt a Resolution designating the official meeting dates, times, and locations for City Council appointed Boards and Commissions during 2025. SUMMARY The schedule of regular meetings for the City’s Boards and Commissions is established by the City Council on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME, AND LOCATION FOR CITY COUNCIL APPOINTED BOARDS & COMMISSIONS IN 2025 BE IT RESOLVED, that the City Council of the City of Eden Prairie, Minnesota and the City Council appointed Boards and Commissions will meet at 7:00 p.m. in the Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota as scheduled below. Additional workshops may be called if determined necessary by the Commission Chair and the Staff Liaison. Any regularly scheduled meeting which occurs on a day when elections are held within the city limits of Eden Prairie will begin at 8:00 p.m. Robert's Rules of Order will prevail. Board / Commission Scheduled Meeting Dates Local Board of Appeal and Equalization Thursday, April 17 Flying Cloud Airport Advisory Commission Quarterly (2nd Thursday of January, April, July, and October) Heritage Preservation Commission 3rd Monday (4th Monday of January and February) Human Rights & Diversity Commission 2nd Thursday Parks, Recreation & Natural Resources Commission 1st Monday (2nd Monday of September) Planning Commission 2nd and 4th Mondays (2nd Monday and 4th Tuesday in May, 3rd Monday only in November, 2nd Monday only in December) Sustainability Commission 2nd Tuesday (3rd Tuesday in November) ADOPTED by the Eden Prairie City Council this 7th day of January 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.C. Department: Administration / Finance ITEM DESCRIPTION Authorize Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. REQUESTED ACTION Move to adopt a Resolution authorizing the City Treasurer or Deputy Treasurer to invest City of Eden Prairie funds. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO INVEST CITY OF EDEN PRAIRIE FUNDS BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to invest City of Eden Prairie funds with any bank, or other financial institution authorized to do business in the State of Minnesota in Certificates of Deposit, U.S. Government Notes and Bills, obligations of the State of Minnesota or any of its subdivisions, Federal Government Agency Bonds and Notes, Saving Accounts and Repurchase Agreements and any other security authorized by law. The City Treasurer shall maintain adequate collateral for funds deposited. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.D. Department: Administration / Finance ITEM DESCRIPTION Authorize Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. REQUESTED ACTION Move to adopt a Resolution authorizing the City Treasurer or Deputy Treasurer to make electronic fund transfers for the City of Eden Prairie. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION AUTHORIZING THE TREASURER OR DEPUTY TREASURER TO MAKE ELECTRONIC FUND TRANSFERS FOR THE CITY OF EDEN PRAIRIE BE IT RESOLVED, by the City Council of the City of Eden Prairie, County of Hennepin, that the City Treasurer or Deputy Treasurer is authorized to make electronic fund transfers with any bank, or other financial institution authorized to do business in the State of Minnesota, for investments of excess cash, payment of bond principal, bond interest and a fiscal agent services charges, monthly sales tax, state payroll withholdings and other banking transactions deemed appropriate by the Treasurer or Deputy Treasurer. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.E. Department: Administration / Finance ITEM DESCRIPTION Authorize City officials to transact banking business. REQUESTED ACTION Move to adopt a Resolution authorizing the persons holding the office as Mayor, Manager, and Treasurer or Deputy Treasurer to act for the City of Eden Prairie in the transaction of any banking business with the official depositories. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ RESOLUTION AUTHORIZING CITY OFFICIALS TO TRANSACT BANKING BUSINESS BE IT RESOLVED, that the persons holding office as Mayor, Manager, and Treasurer of the City of Eden Prairie, be and they hereby are, authorized to act for the City in the transaction of any banking business with the official depositories (hereinafter referred to as the banks). Unless the City provides written notice to the contrary, this authorization includes the authority to sign checks against said account, which checks will be signed by the Mayor, Manager and City Treasurer or Deputy Treasurer. The bank is hereby authorized and directed to honor and pay any check against such account which is signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City including the signer or signers of the check. BE IT FURTHER RESOLVED, that the Acting Mayor be authorized to sign checks as an alternate for the Mayor and the Deputy Treasurer be authorized to sign checks as an alternate for the Treasurer. ADOPTED by the City Council of the City of Eden Prairie this 7th day of January 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.F. Department: Administration / Finance ITEM DESCRIPTION Designate Official Depository. REQUESTED ACTION Move to adopt a Resolution designating US Bank of Eden Prairie as the official depository for the public funds of the City of Eden Prairie. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED, that US Bank of Eden Prairie of Minnesota, authorized to do banking business in Minnesota, be and hereby designated as the Official Depository for the Public Funds of the City of Eden Prairie, County of Hennepin, Minnesota. The City Treasurer shall maintain adequate collateral for funds in the depository. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.G. Department: Administration / Finance ITEM DESCRIPTION Authorize use of facsimile signatures by public officials. REQUESTED ACTION Move to adopt a Resolution authorizing the use of facsimile signatures of the Mayor, the City Manager, and the Treasurer on checks, drafts, warrants, vouchers, or other orders on public funds deposited. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS BE IT RESOLVED, that the use of facsimile signatures by the following persons: Ronald A. Case, Mayor Rick Getschow, City Manager Tamara Wilson, Treasurer on checks, drafts, warrants, vouchers or other orders on public funds deposited hereby is approved and that each of said named persons may authorize the depository bank to honor any such instrument bearing her/his facsimile signature in such form as she/he may designate and to charge the same to the account in said depository bank upon which drawn, as fully as though it bore her/his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall be affixed without her/his authority. ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.H. Department: Administration / Finance ITEM DESCRIPTION Authorize payment of certain claims by the finance division without prior council approval. REQUESTED ACTION Move to adopt a Resolution authorizing payment of certain claims by the Finance division without prior Council approval. SUMMARY This resolution requires approval on an annual basis. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL BE IT RESOLVED, that the following types of claims may be paid by the City Manager, Treasurer, or Deputy Treasurer, without prior approval by the City Council. Contracted items (utilities, rent, land, school, conference and related travel expenses, easements, construction, etc.) Payroll Liabilities Refunds Postage Programmed Professional Performances Petty Cash Invoices which offer discounts or have interest added Licenses and Fees Payments to vendors not allowing charge accounts Tickets paid by registration fees Motor vehicle registrations Employee expenses Insurance Amounts due to other government agencies Liquor store inventory items Police "buy" money Payments to comply with agreements, purchases, or invoices which contain a fixed time for payment ADOPTED by the City Council of the City of Eden Prairie on this 7th day of January 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.I. Department: Administration / Finance ITEM DESCRIPTION Resolution Authorizing the Expenditure of Fiscal Year 2025 Opioid Settlement Funds. REQUESTED ACTION Move to adopt a Resolution authorizing the expenditure of Fiscal Year 2025 Opioid Settlement Funds. SUMMARY On January 4, 2022 the City adopted Resolution 2022-13 to support and opt-in to the national opioid settlements, and to ratify the City Manager’s execution of (1) opioid litigation settlements with opioid distributors McKesson, Cardinal Health, and Amerisource Bergen and opioid manufacturer Johnson & Johnson, and (2) Memorandum of Agreement (“MOA”) between the State of Minnesota and local governments relating to the distribution of settlement funds to fight the opioid crisis. Minnesota will receive settlements over the next 18 years with the vast majority paid directly to cities and counties. Distribution within Minnesota will be determined by the MOA. Settlement payments started in October 2022. Settlement funds received by the State of Minnesota are to be distributed as follows: A.Seventy-Five percent (75%) of the funds, subject to a 7% reduction for funds held for the special opioid abatement backstop account, will be paid directly to counties and participating cities. B.Twenty-Five percent (25%) of the funds will be paid to the State of Minnesota and will go into a special opioid abatement account. The allocation percentages to which each city and county in Minnesota that participates is to receive, including Eden Prairie, was determined by counsel for the subdivisions negotiating the national settlement agreements and were calculated using data to reflect the impact of the opioid crisis on the subdivisions. Eden Prairie’s percentage of the settlement funds, is approximately 0.255%. Eden Prairie may use the opioid settlement funds on a number of pre-approved uses detailed in the MOA, including: opioid prevention, treatment of use, support of people in treatment and recovery, connections to care, address the needs of criminal justice for involved persons, address the needs of the perinatals, caregivers and families with babies with neonatal opioid withdrawal syndrome. While the MOA sets forth a list of settlement fund uses, they are not exclusive. Per the MOA, the City shall create a separate special revenue fund that is designated for the receipt and expenditure of Opioid settlement funds. This fund shall not be commingled with any other money or funds of the City. The City shall also pass a separate resolution authorizing the expenditure of a stated amount of Opioid settlement for a stated period of time. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ RESOLUTION AUTHORIZING THE EXPENDITURE OF FISCAL YEAR 2025 OPIOID SETTLEMENT FUNDS WHEREAS, on January 4, 2022, the City Council of the City of Eden Prairie (“City”) adopted Resolution No. 2022-13 approving the City’s participation in national opioid litigation settlements and execution of the Minnesota Opioids State-Subdivision Memorandum of Agreement (“MOA”) regarding use of settlement funds (the “Opioid Settlement”); and WHEREAS, the MOA requires the City to pass a resolution authorizing the expenditure of Opioid Settlement funds and specifying the activities that will be funded; and WHEREAS, the City has developed a proposal for the use of Opioid Settlement funds in 2025. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie approves and authorizes the following expenditures of funding from the Opioid Settlement for the years 2025: Funding Level (Up to) PART ONE: TREATMENT B. Support People in Treatment and Recovery 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare 10,000.00$ 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed in section B 56,685.00$ PART TWO: PREVENTION G. Prevent Misuse of Opioids 6. Supporting community coalitions in implementing evidence- informed prevention, such as reduced social access and physical access, stigma reduction-including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration ("SAMHSA").10,000.00$ PART THREE: OTHER STRATEGIES I. First Responders 1. Law enforcement expenditures related to the opioid epidemic 25,000.00$ K. Training 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.5,000.00$ 106,685.00$ Opioid Remediation Uses Per MOA ADOPTED by the City Council of the City of Eden Prairie this 7th day of January, 2025. ________________________ Ronald A Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Section: Jan. 7, 2025 Consent Agenda Item Number: VIII.J. Department: Public Works / Engineering – Adam Gadbois ITEM DESCRIPTION Adopt a resolution endorsing the Safe Routes to School Grant application and authorizing execution of a grant agreement with the Minnesota Department of Transportation (MnDOT). REQUESTED ACTION Move to adopt a resolution endorsing the Safe Routes to School Grant application and authorizing execution of a grant agreement with the Minnesota Department of Transportation SUMMARY MnDOT is soliciting applications for the Safe Routes to School grant program, which is a program that helps fund projects that improve safety for pedestrians and bicyclists getting to and from schools. Engineering staff have selected two projects to pursue grant funding for with two separate applications. Project locations were selected based on community feedback regarding potential improvements at these locations and based on the Capital Improvement Plan for the streets where the improvements would take place. The first project includes construction of a new pedestrian crossing on Anderson Lakes Parkway at Homeward Hills Road near Eden Lake Elementary. This new crossing would include a pedestrian refuge island, and a pedestrian activated rectangular rapid flashing beacon to improve safety of the crossing. Engineering staff have received specific requests for a crossing at this location for school children and everyday pedestrians and bicyclists. The requests have included statements that the existing tunnel crossing just west of this location is too far out of the way and can be uncomfortable to use. The second project includes reconstruction of an existing pedestrian crossing to include a refuge island along Holly Road at Rosemary Road. The project also consists of replacing existing sidewalk along Holly Road from Rosemary Road to Kingston Drive in order to make it compliant with the Americans with Disabilities Act requirements. Engineering staff have received concerns from residents in the area regarding inattentive drivers or lack of fully stopping at the stop signs, specifically when children are present. The estimated construction cost of these improvements is $141,600 and $365,200 for each project, respectively. The grant funds can only be applied to construction costs, so City funds would fund engineering and indirect costs estimated to be $35,400 and $65,700 for each project, respectively. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ ENDORSING THE SAFE ROUTES TO SCHOOL GRANT APPLICATION AND AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Minnesota Department of Transportation Safe Routes to School program (SRTS) has made funding available to communities for construction projects that improve safety for pedestrians and bicyclists getting to and from schools; and WHEREAS, the City has guiding documents including the Comprehensive Plan (Aspire 2040), The City of Eden Prairie Pedestrian and Bicycle Plan (2014), the Development Review Checklist for Land-Use Submittals, the ADA Transition Plan (2019), and City Code that promote planning and prioritizing projects that improve pedestrian and cyclist safety near schools; and WHEREAS, safety improvements in the form of enhanced pedestrian crossings with median refuges and reconstruction of existing sidewalk can be made to the intersection of Holly Road and Rosemary Road adjacent to Forest Hills Elementary and to the intersection of Anderson Lakes Parkway and Homeward Hills Road adjacent to Eden Lake Elementary; and WHEREAS, the construction cost estimate for the safety improvements to be constructed in 2025 along Holly Road is $365,200 and along Anderson Lakes Parkway is $141,600; and WHEREAS, the SRTS program provides up to $8.5 million in funding, with a minimum of $50,000 and a maximum of $1,000,000 for each project; and WHEREAS, a separate grant application will be made for each of the two proposed projects which could result in one, both, or none of the applications being awarded; and NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does hereby support the proposed safety improvements; and BE IT FURTHER RESOLVED that if awarded funding from the SRTS, the City of Eden Prairie agrees to commit funding to provide for the completion of the project including the costs of engineering, construction inspection and other non-SRTS eligible costs as well as SRTS-eligible items in excess of the SRTS grant amount. ADOPTED by the Eden Prairie City Council on January 7, 2025 ____________________________________ Ronald A. Case, Mayor ATTEST: SEAL ______________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Section: Jan. 7, 2025 Consent Agenda Item Number: VIII.K. Department: Public Works / Engineering – Adam Gadbois ITEM DESCRIPTION Adopt a Resolution authorizing execution of a grant agreement with the Minnesota Department of Transportation for the Safe Road Zones Grant. REQUESTED ACTION Move to adopt a Resolution authorizing execution of a grant agreement with the Minnesota Department of Transportation (MnDOT) for the Safe Road Zones Grant. SUMMARY City staff from the Public Works and Police Departments collaborated to apply for grant funding to help pay for a new speed trailer for the Police Department and two new dynamic speed display feedback signs and two rectangular rapid flashing beacons (RRFB) for pedestrian crossing installations. The speed trailer will be deployed by the Police Department to help reduce speeds and gather data on speeds throughout the City. The RRFBs will be installed at existing pedestrian crossings that have been identified by Engineering staff using the City’s Pedestrian Crossing Treatment Guidelines as needing improved crossings. The first location is along Dell Road at Cascade Drive near Rice Marsh Lake Park and the second location is along Anderson Lakes Parkway at Amsden Way near Anderson Lake Park. The dynamic speed display feedback signs will be installed along Duck Lake Road south of County Road 62 and on Dell Road south of Duck Lake Trail. The estimated cost of these improvements is $84,000 and the anticipated grant award is $64,000. The project costs not funded by the grant will be funded with City funds. ATTACHMENTS Attach 1 - Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE SAFE ROAD ZONES GRANT WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and WHEREAS, the Minnesota Department of Transportation (MnDOT) makes grant funding available for education and awareness; and WHEREAS, MnDOT makes grant funds available for a speed trailer, two rectangular rapid flashing beacons for pedestrian crossing installations, and two dynamic speed display feedback signs; and WHEREAS, the estimated cost of these improvements is $84,000, which will be funded in part by the grant in the amount of $64,000, with the remaining costs being funded by local funds. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does hereby support the proposed improvements and commits funding to provide for completion of the project; and BE IT FURTHER RESOLVED that the City Council of the City of Eden Prairie authorizes and directs City Staff to take any and all actions required to accept the grant funds for and on behalf of the City including executing a grant agreement. ADOPTED by the Eden Prairie City Council on January 7, 2025. __________________________ Ronald A. Case, Mayor ATTEST: SEAL __________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.L. Department: Administration / Finance ITEM DESCRIPTION Approve Investment Policy. REQUESTED ACTION Move to approve Investment Policy. SUMMARY The investment policy will be reviewed and formally approved and adopted by the City Council. No changes have been made to the policy. ATTACHMENTS Investment Policy 1 City of Eden Prairie Investment Policy Statement of Purpose This policy has been developed to serve as a guide for the management of City investments. It is the policy of the City to invest public funds in a manner which provides for the following in order of importance: Safety; Liquidity; and Yield (return on investment) that conforms to all federal, state, and local regulations governing the investment of public funds. The City will invest in securities that match the City’s operational, short-term and longer term needs. Except for cash in certain restricted and special funds, all cash and investments are pooled together to achieve economies of scale. Investment income will be allocated to the various funds based on their respective participation and according to generally accepted accounting principles. Objectives The primary objectives, in order of priority, of investment activities are safety, liquidity, and yield: • Safety - Safety of principal is of critical importance to the investment program. Investments will be undertaken in a way that seeks to ensure the preservation of principal in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. • Credit Risk – the risk of loss due to failure by the security backer will be minimized by: • Limiting investments to the types of securities listed in the Diversity Section of this policy. • Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which the City will do business in accordance with the Financial Service Providers section of this policy. • Diversifying the portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. Insurance or collateral may be required to ensure return of principal. • Interest Rate Risk – the risk that the market value of securities in the portfolio will fall due to changes in market interest rates will be minimized to: • Provide for liquidity by reviewing cash flow requirements and make investments to meet the shorter cash flow needs, thereby avoiding the need to sell securities in the open market prior to maturity. • Manage the duration of the portfolio to be consistent with the risk profile of the City of not to exceed 3.5 years. 2 • Liquidity – The investment portfolio will be managed to remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. The portfolio will be structured so that funds for approximately three months of cash flow needs are readily available. • Yield/Return on Investment - The investment portfolio will be designed with the objective of attaining a market rate of return. Investments are limited to low-risk securities in anticipation of earning a fair return relative to the risk assumed. While it is expected that all securities would be suitable to be held until maturity, sales can occur for the following reasons: o A security with declining credit may be sold early to minimize loss of principal. o A security swap which improves the quality, yield, or target duration of the portfolio. o Liquidity need of the portfolio requires that a security be sold. Delegation of Authority The investment program shall be operated in conformance with federal, state, and other legal requirements. Authority to manage the City’s investment program is derived from Minnesota Statutes 118A, Deposit and Investment of Public Funds. By approval of this policy, the City Council’s management responsibility for the investment program is hereby delegated by the City Manager to the Finance Manager. Internal Controls - The Finance Manager is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits require estimates and judgments by management. Ethics and Conflict of Interest Employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution and management of the investment program. Employees and investment officials will disclose any material interests in financial institutions with which they conduct business. They will further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers will refrain from undertaking personal investment transactions with the same individual with whom business is conducted for the City. Financial Service Providers The City may purchase securities directly through Financial Industry Regulatory Authority (FINRA) registered security broker/dealers. Each authorized broker/dealer from whom the City purchases securities directly shall provide certification as requested by State Law of the broker’s annual review of the City’s investment 3 policy. All broker/dealers who desire to become qualified bidders for investment transactions must supply the City with FINRA certification and CRD number. FINRA is the self-regulatory national organization for broker/dealers. All registration and certifications information is kept in their Central Registration Depository which is available online to all investors. Investment Managers The City may utilize SEC registered investment advisory/management firms (External Investment Managers) to invest segments of the portfolio. Managers shall be selected through a RFP process. The External Investment Managers will operate within the constraints of this Investment Policy and an executed Investment Advisory Agreement. The External Investment Managers shall have discretion over the assigned segment of the portfolio. All External Investment Managers shall purchase and sell investment securities in accordance with Minnesota Statute 118A, this Investment Policy and the Investment Advisory Agreement. Each External Investment Manager shall provide certification as requested by State Law of their annual review of the City’s investment policy. External Investment Managers may be assigned differing strategies, constraints and assets to manage at the discretion of the Finance Manager. External Investment Managers must be registered under the Investment Advisers Act of 1940 and be licensed and registered to do business in Minnesota and registered as an investment advisor through IARD (Investment Advisor Registration Depository) in Minnesota. Suitable and Authorized Investments Investment Types – All investments made by the City will be in accordance with Minnesota Statutes. Authorized investments include but are not limited to: • Governmental bonds, notes, bills, mortgages (excluding high-risk mortgage backed securities) and other securities, which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress. • General obligation of any state or local government with taxing powers which is rated "A" or better by a national bond rating service. • Revenue obligation of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service. • General obligation of the Minnesota housing finance agency which is a moral obligation of the state of Minnesota and is rated "A" or better by a national bond rating agency. • Commercial paper issued by United States corporations or their Canadian subsidiaries that is rated in the highest quality category by at least two nationally recognized rating agencies and matures in 270 days or less. • Time deposits that are fully insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration, or bankers acceptances of United States banks. 4 • SEC-registered money market funds that are registered under the Investment Company Act of 1940. • Local government investment pools (“LGIPs”). Additional Investment Authority So long as the City is a “qualifying government” pursuant to Minnesota Statute 118A, it will have additional investment authority per this policy and Minnesota Statute. A qualifying government is defined by Minnesota Statute 118A.09, Subd. 1 as: • A county or statutory or home rule charter city with a population of more than 100,000; or • A county or statutory or home rule charter city whose most recent long-term, senior, general obligation rating by one or more national rating organizations in the prior 18-month period is AA or higher. As long as the City is a qualifying government, it may invest up to 15 percent of the sum of unassigned cash, cash equivalents, deposits, and investments in: • An index mutual fund based in the United States and indexed to a broad market United States equity index, on the condition that index mutual fund investments must be made directly with the main sales office of the fund; or • With the Minnesota State Board of Investment subject to such terms and minimum amounts as may be adopted by the board. Before investing pursuant to this section, the governing body of the qualifying government must adopt a resolution that includes the following statements: • The governing body understands that investments have a risk of loss • The governing body understands the type of funds that are being invested and the specific investment itself • The governing body certifies that all funds designated for investment through the State Board of Investment meet the requirements of this section and the policies and procedures established by the State Board of Investment. Qualified External Investment Managers assisting the City in the management of its overall portfolio may purchase and sell investment securities in accordance with this policy and may utilize their own approved list of broker/dealers and security issuers; however, the list shall fully comply with the criteria maintained in this policy. Collateralization To the extent that funds deposited are in excess of available federal deposit insurance, the City will require the financial institution to furnish collateral security or a corporate surety bond executed by a company authorized to do business in the state. 5 The following are the allowable forms of collateral in lieu of a corporate surety bond: • U.S. government treasury bills, treasury notes, treasury bonds. • Issues of U.S. government agencies and instrumentalities as quoted by a recognized industry quotation service available to the government entity. • General obligation securities of any state or local government with taxing powers which is rated "A" or better by a national bond rating service, or revenue obligation securities of any state or local government with taxing powers which is rated "AA" or better by a national bond rating service. • General obligation securities of a local government with taxing powers may be pledged as collateral against funds deposited by the same government entity. • Irrevocable standby letters of credit issued by Federal Home Loan Banks to a municipality accompanied by written evidence that the bank's public debt is rated "AA" or better by Moody's Investors Service, Inc., or Standard & Poor's Corporation. • Time deposits that are fully insured by any federal agency. The amount of the collateral computed at its market value will be at least ten (10) percent more than the amount on deposit at the close of the business day. Repurchase Agreements - Repurchase agreements consisting of collateral allowable as an investment may be entered into with any of the following entities: • A financial institution qualified as a "depository" of public funds of the government entity. • Any other financial institution which is a member of the Federal Reserve System and whose combined capital and surplus equals or exceeds $10,000,000. • A primary reporting dealer in United States government securities to the Federal Reserve Bank of New York. • A securities broker-dealer licensed pursuant to Minnesota Statutes 80A, or an affiliate of it, regulated by the Securities and Exchange Commission and maintaining a combined capital and surplus of $40,000,000 or more, exclusive of subordinated debt. 6 Safekeeping and Custody Securities purchased shall be held in a segregated account for the City’s benefit at a third party trustee as a safekeeping agent. The investment dealer or bank through which the security is purchased shall issue a confirmation ticket to the City listing the specific instrument, issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent information. The broker who executes the transaction on the City’s behalf shall deliver all securities on a delivery versus payment method (DVP) to the designated third party. Delivery versus payment (DVP) is a way of controlling the risk to which securities market participants are exposed. Delivery of securities, (the change in their ownership) is done simultaneously with payment. This means that neither the buyer nor the seller is exposed to the risk that the other will default. Investments, contracts, and agreement may be held in safekeeping with: • any Federal Reserve bank; • any bank authorized under the laws of the United States or any state to exercise corporate trust powers, including, but not limited to, the bank from which the investment is purchased. The City’s ownership of all securities should be evidenced by written acknowledgements identifying the securities by: The name of the issuers The maturity dates The interest rates Any CUSIP numbers or other distinguishing marks. Maximum Maturities • Approximately three months of cash flow needs will be invested in money market or short-term securities to meet current operating needs. • The average duration of the portfolio shall not exceed 3.5 years • Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than seven (7) years from security settlement date. • For mortgage-backed securities, the weighted average life (WAL) must be no more than seven (7) years from security settlement date. • The intent to invest in securities with longer durations will be disclosed to the City Council prior to purchase • Maturities will generally be diversified to avoid undue concentration of assets in a public sector. • Exception of maximum maturity is in reserve funds (per bond indentures) which may by invested to maturity that coincides as nearly as practical with the expected use of the funds. 7 Diversification Diversification - The investments will be diversified by: • Limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities). • Investing in securities with varying maturities as practical. • Investing a portion of the portfolio in readily available funds to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. Diversification strategies will be implemented with the following constraints so that a Portfolio does not exceed the percentage identified below: Issuer Type % of Total Portfolio Money Market Fund 45% Certificates of Deposit 25% Savings/demand deposits 15% Bankers’ Acceptance 20% Commercial Paper 30% US Treasury Obligations 100% Federal Agency Securities Per Issuer: 75% 40% Federal Agency Mortgage-backed Securities: 40% Municipal Securities 40% Repurchase Agreement 30% Guaranteed Investment Contracts By Project Any percentage limits, maturity length, rating requirements, or other investment parameters will be calculated and/or evaluated based on the original cost of each investment at the time of purchase, based on the settlement date, of the security in determining compliance with this investment policy. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow needs. The City’s investment strategy is conservative and is designed to earn rates similar to U.S. treasury yields. Reporting The Finance Manager will periodically prepare an investment report including a summary that provides an analysis of the current investment portfolio. The summary will include the percentage of investments held in each investment type, information on investment income and yield, and the maturities of the portfolio. A detailed report will be provided and will include a listing of 8 individual securities held, the yield to maturity of each investment, the book value and the market value of each investment, and the maturity date of each investment. Amendments This policy shall be reviewed on an annual basis. Any changes must be approved by the Finance Manager and/or any other appropriate authority. The investment policy and any other modifications to the policy shall be formally approved and adopted by the City Council. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.M. Department: Administration / City Manager ITEM DESCRIPTION Legislative services agreement with Lockridge Grindal Nauen. REQUESTED ACTION Move to approve legislative services agreement with Lockridge Grindal Nauen. SUMMARY Staff recommends to once again retaining Ann Lenczewski of the firm of Lockridge Grindal Nauen to provide lobbying services on behalf of the City of Eden Prairie for the 2025-2026 legislative sessions. The City has several legislative bills it intends to submit to the Minnesota Legislature in 2025 in the areas of community development and public safety. Lockridge Grindal Nauen will once again provide state government relations lobbying services to the City of Eden Prairie. ATTACHMENTS Legislative Services Agreement LEGISLATIVE SERVICES AGREEMENT THIS AGREEMENT, made and entered into by and between City of Eden Prairie (“Client”) and LOCKRIDGE GRINDAL NAUEN PLLP (“Consultant” or “LGN”) (collectively the “Parties”). W I T N E S S E T H WHEREAS, Client, wishes to purchase the services of Consultant to assist Client in monitoring, and lobbying related to certain state legislative and administrative matters; NOW, THEREFORE, in consideration of the mutual undertakings and promises hereinafter set forth, Client and Consultant agree as follows: 1. CONSULTANT SERVICES Consultant shall provide, in coordination with Client’s officers, committees and staff, the services listed in Exhibit A hereto. If additional services, projects or work is agreed upon by both Consultant and Client, fees for such additional services, project or work will be negotiated and mutually agreed upon in writing prior to the performance of additional services, projects or work. 2. TERM AND TERMINATION 2.1 Term. The term of engagement for the services provided shall be March 1, 2025 – February 28, 2027, with an option to continue at the same rate for an additional two years, subject to termination as provided in Section 2.2. 2.2 Termination. This Agreement may be terminated prior to its expiration only as follows: 2.2.1 Upon the written mutual agreement of the Parties hereto; 2.2.2 By either Party upon sixty (60) days written notice to the other Party. 3. COST OF AND PAYMENT FOR SERVICES 3.1 Fees. In consideration of services performed as specified in Section 1 and Exhibit A of this Agreement, Client shall pay Consultant the professional fees in the amount of $40,000 for each year, payable in twelve (12) installments of $3,333.33 per month commencing March 1, 2025 & March 1, 2026. 3.2 Costs. In addition to payment for professional fees, Client shall pay Consultant for all reasonable incidental expenses incurred by Consultant on Client’s behalf. 3.3 Payment. Payment for professional fees and expenses shall be made to Consultant upon submission by Consultant to Client of invoices for services rendered and expenses incurred and Client shall pay Consultant by the dates listed above. 4888-8755-5310, v. 1 4. DATA RETENTION LGN may use reputable third-party service providers, including ‘cloud’ service providers, to help us deliver efficient, cost-effective legal services. This may include document/information hosting, sharing, transfer, analysis, processing or storage. By engaging us, City of Eden Prairie understands and consents to having communications, documents and other data pertinent to its matters managed through such third-party technology, including where confidential information may be stored on and accessed from such cloud-based computer servers located in a facility not directly controlled by LGN. City of Eden Prairie acknowledges that the use of such services may be subject to the terms and conditions of the provider and accept that LGN is not responsible for the security of the data, the provider’s security standards, or the risk that the security of information on such cloud-based platforms may be breached. City of Eden Prairie agrees that the benefits of using such technology outweigh the risks, including risks related to confidentiality and security. A list of LGN’s cloud providers is available upon request. LGN has adopted a document retention policy that governs the retention and disposition of closed client files. At the conclusion of the matter for which City of Eden Prairie has retained us, we will return all original client documents. At that time, City of Eden Prairie will have sixty (60) days to let us know if you want certain of the documents which remain in the file. If you notify us within this sixty (60) day period, we will not destroy the file until City of Eden Prairie has had an opportunity to identify any such documents and, if appropriate, obtain copies of them. If City of Eden Prairie does not so notify us, we will transfer your file to closed storage and/or an electronic archive pursuant to our file closing and destruction procedures. File contents (including work papers, etc.) will be considered the property of LGN. We will retain the file for six (6) years and then destroy its contents, without further notice and in a manner which preserves their confidential nature. If, at any time LGN concludes that there are no active matters in which we are representing City of Eden Prairie, it will be considered a former, rather than a current client of LGN, unless and until City of Eden Prairie asks us to perform additional services, and we agree to perform them. If City of Eden Prairie requests us to transfer our file to you or to another firm prior to the completion of the matter, City of Eden Prairie agrees we can make and retain copies of relevant portions of the file and that the cost for such copying is to be paid by City of Eden Prairie, as well as any other copying on its behalf. These charges for copying City of Eden Prairie’s file may include, in the case of documents stored electronically, the reasonable cost of retrieving the documents, and City of Eden Prairie agrees to pay these costs. 5. INDEPENDENT CONTRACTOR Consultant shall select the means, method, and manner of performing the services herein. Consultant is and shall remain an independent contractor with respect to all services performed under this Agreement. 4888-8755-5310, v. 1 6. COMPLETE AGREEMENT The Parties each agree and understand that this Agreement, including all Exhibits hereto, constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous oral understandings or agreements with respect to the subject matter hereof. 7. AMENDMENTS AND WAIVERS This Agreement may not be amended, altered, enlarged, supplemented, abridged, or modified, nor can any provision hereof be waived, except by a writing executed by both Parties which shall be attached hereto. Failure of any Party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision nor of the right to enforce such provision. 8. NOTICES All notices, demands, and requests permitted or required to be given under this Agreement shall be in writing and deemed given when mailed by the United States mail, postage prepaid, registered or certified mail, return receipt requested, to the address of the appropriate Party as provided herein. IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement this day of ____________________ 2024. ADDRESS: 8080 Mitchell Road Eden Prairie, MN 55344 ADDRESS: Suite 2200 100 Washington Avenue South Minneapolis, MN 55401 CLIENT: City of Eden Prairie By:________________________________ Its:_________________________________ CONSULTANT: LOCKRIDGE GRINDAL NAUEN PLLP By: Harry Gallaher Its: Managing Partner 4888-8755-5310, v. 1 EXHIBIT A Lockridge Grindal Nauen will provide state government relations lobbying services to the City of Eden Prairie. Lobbying services include capital investment, transportation funding, tax increment financing legislation and additional legislative priorities as requested. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.N. Department: Matt Sackett, Police Chief, Police ITEM DESCRIPTION Approve Purchase of a Mini-Caliber Tracked Robot for Specialized Response. REQUESTED ACTION Move to: Approve the purchase of an ICOR Mini-Caliber Tracked Robot for Specialized Response and approve the Contract for Goods and Services between the City of Eden Prairie and ICOR Technology, Inc. in the amount of $79,992.19 for specialty use in de-escalation attempts by the Eden Prairie Police SWAT Team. SUMMARY The Eden Prairie Police Department is requesting the purchase of an ICOR Mini-Caliber Tracked Robot for Specialized Response. This purchase will replace the current ICOR Mini-Caliber Tracked Robot, which has reached its end of useful life. Companies specializing in these types of vehicles are very limited, but staff was able to obtain quotes from the following vendors: Option #1 Teledyne FLIR Unmanned Ground Systems $272,530.03 Option #2 ICOR Technology, Inc. $79,992.19 The Eden Prairie Police Department identified the need to replace the current ICOR Mini- Caliber Tracked Robot for Specialized Response, and the purchase was budgeted for and approved in the 2023-2032 CIP plan. Staff recommends Option #2 which is represents the replacement matching the current company and technology. The quote for Option # 1 was obtained as the closest possible match to what the project was seeking but is not recommended due to price and functionality. Background The Eden Prairie SWAT Team consists of 12 members who respond to SWAT callouts and other critical incidents. The EPPD Crisis Negotiations Unit consists of seven members who respond to these calls where a negotiations team can be utilized to de-escalate a situation or bring resolve to a call. The CNU has become increasingly utilized and co-deploys with all SWAT calls. Both the SWAT and CNU teams will benefit from the use of the ICOR Mini-Caliber Tracked Robot as is allows for the remote viewing and communication in high-0risk situations. The ICOR Mini- Caliber Tracked Robot can also be used to help deliver negotiations equipment during operations to help bring about a peaceful resolution. The Eden Prairie Police SWAT and CNU teams belong to a consortium of cities including Edina, Hopkins, Minnetonka, and St. Louis Park that share resources, training, and call responsibilities. The ICOR Mini-Caliber Tracked Robot will benefit the citizens of Eden Prairie and be an asset to supplement the consortium. ATTACHMENTS Contract for Goods and Services with attached ICOR Quote (rev. 6/2024) Contract for the Purchase and Sale of Goods This Contract for the Purchase and Sale of Goods (“Contract”) is made on the _____day of______________, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ICOR Technology, Inc., a Canadian corporation (hereinafter “Vendor”) whose business address is 935 Ages Drive, Ottawa, Ontario, Canada. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the City’s purchase from Vendor of a Mini Caliber Robot and related equipment (the “Goods”). The City and Vendor agree as follows: 1. Products. The City agrees to purchase and Vendor agrees to sell the Goods as described on the attached Exhibit A (ICOR Technology Quote dated October 15, 2024). 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. Delivery. The Goods must be delivered to the City F.O.B. at the address above on or before October 1, 2025. Vendor shall be responsible for any loss or damage to the Goods until delivered to the City. At the time of shipment, a notice of shipment shall be sent to the City stating the number of the order, the kind and amount of the Goods, and the route by which the shipment is being made. All Goods shall be suitably packed, marked, and shipped in accordance with the shipping instructions provided herein. 3. Purchase Price. City agrees to pay the Vendor a fixed sum of $79,992.19 USD (the “Purchase Price”), which includes shipping charges, as full and complete payment for the Goods. Vendor shall be entirely responsible for taxes, duties, license fees, banking charge and other duties incurred outside the United States. The City shall be entirely responsible for any duties, taxes, license fees, banking charge and any other duties incurred in the United States. 4. Method of Payment. The City will pay the Purchase Price to Vendor upon delivery of the Goods to the City in the same manner as the City pays other accounts payable. 5. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 9 indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 6. Warranty. Vendor warrants, in accordance with Exhibit B attached hereto and incorporated herein, that the Goods shall be free from defects in materials and workmanship for a period of twenty-four (24) months from the date of shipping. The City’s rights under the Vendor’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. 7. Subcontract or Assignment. Vendor shall not subcontract or assign any obligation under this Contract without the prior written consent of the City. 8. Change Orders. The City may request that Vendor incorporate a change to the Goods or the specifications for the Goods by delivering a change order to Vendor; provided, however, that any such change order must be in writing and include a description of the proposed change sufficient to permit Vendor to evaluate the feasibility of such change (“Change Order”). Within seven (7) business days of receipt of a Change Order, Vendor will inform the City in writing of the feasibility of the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or delivery resulting from such Change Order. Vendor shall not be liable to the City for any delay in performance or delivery arising from any such Change Order. 9. Cancellation/Termination. A. For Convenience. The City shall have the right to terminate this Agreement at any time at its convenience by giving Vendor ninety (90) days’ written Notice of Termination for Convenience. As of the effective date of the termination, the City will be obligated to pay Vendor for the percentage of completed work, in addition to paying for any non-returnable equipment or parts ordered by Vendor which in no case shall exceed the total Purchase Price. Vendor must, in good faith and using best efforts, market for sale all equipment and non-returnable equipment for a period of ninety (90) days from the date of said termination. After such 90-day period, Vendor will reimburse the City, minus Vendor’s actual cost for marketing/sale of equipment, the sum(s) received by Vendor in selling said equipment. This provision shall survive termination of the Contract and shall apply to equipment the City has not received or requested delivery upon termination. B. For Cause. The City may, by written notice of default to Vendor, terminate this Agreement if the Vendor fails to deliver the MCC within the time specified in this Agreement or any extension as agreed upon by the City. In the event of such termination for cause, the City will have all rights and remedies at law or in equity available for Vendor’s default. 10. Intellectual Property. All intellectual property rights in and to the Goods shall remain the exclusive property of the Vendor. The City shall not acquire any intellectual property rights whatsoever in the Goods. All right, title and interest in and to the patents, service marks, copyrights, slogans, labels and designs of the Vendor, the Vendor’s trademarks and trade names and the goodwill pertaining thereto are reserved by and shall at all times vest and remain with the Vendor and the City shall not attempt to acquire any rights in the same or Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 9 contest the title or rights of the Vendor in and to the same. Notwithstanding the references in this Contract to the purchase of the Goods by the City, the parties intend and agree that to the extent the Goods include any software (including, without limitation, any firmware) such software is not being sold, but licensed. 11. 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. 12. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 13. Damages. In the event of a breach of this Contract by either party, the other party shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 14. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 15. 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. 16. Governing Law; Venue. This Contract shall be controlled by the laws of the State of Minnesota, without regard to conflicts of laws provisions. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction in Hennepin County, Minnesota, USA, and the parties agree to and submit to the jurisdiction of such court. 17. Notice. All notices and communications contemplated by, relevant to and during the course of this Contract shall be initially made by email, and followed by facsimiles, to the below corresponding address and fax number of each party: Vendor: a. Name: Andrew Kavalersky, Vice President of Sales and Marketing b. Tel: 613-745-3600 c. Email: sales@icortechnology.com d. Fax: 613-745-3590 Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 9 The City: e. Name: Matthew Sackett, Chief of Police f. Tel: 952-949-6200 g. Email: msackett@edenprairie.org h. Fax: 952-949-6203 A notice or communication made by email shall be deemed received once it has reached the recipient’s email server as confirmed by a delivery receipt. A notice or communication made by fax shall be deemed received once it has reached the recipient’s fax number as confirmed by a successful fax report. A notice or communication shall be deemed received by the recipient once it has been received either as email or fax in the aforesaid respective manner. 18. 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. 19. 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. 20. 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 Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. 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 Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Vendor 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 21. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 9 Executed as of the day and year first written above. Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 9 CITY OF EDEN PRAIRIE __________________________________ Ronald A. Case Mayor ___________________________________ Rick Getschow City Manager VENDOR ICOR TECHNOLOGY,INC. By: ________________________________ Andrew Kavalersky Its: Vice President, Sales & Marketing Standard Contract for Goods and Services (rev. 6/2024) Page 7 of 9 EXHIBIT A Quote Dated October 15, 2024 Standard Contract for Goods and Services (rev. 6/2024) Page 8 of 9 EXHIBIT B LIMITED WARRANTY AND WARNING BEFORE USING THIS PRODUCT, READ ALL PRECAUTIONS, DIRECTIONS FOR USE, CONDITIONS OF SALE AND LIMITED WARRANTY. Due to the nature of this product and the likely conditions of its use, the product is to be used solely at your own risk, in and under conditions that you feel its use is advisable, you assume all risks associated with the use of the Products. If you decide to use this product you should do so only according to the Directions of Use, Precautions and Conditions of Use provided. A failure to follow instructions may increase the risk of and/or cause injury, death or destruction to property. ICOR Technology Inc. (“ICOR”) warrants that the new ICOR product ("Product") to be free from defects in material and workmanship for a period of one (1) year, and for the CALIBER™ robot for a period of two (2) years, from the date of shipment from ICOR, subject to the limitations and exclusions included in this Limited Warranty, Warning and Limitation of Liability. If the Purchaser elects to extend this Limited Warranty under any optional extension agreement offered by ICOR, the terms and conditions specified herein shall continue to apply during such extension. Exclusions From Limited Warranty This Limited Warranty only covers defects in material and workmanship of the Products manufactured by ICOR and does not cover defects arising as a result of: (1) repairs, replacement and/or maintenance to the Product made by other than ICOR or its authorized service representative; (2) the Product being altered from the original state of manufacture and/or tampered with by anyone other than ICOR or its authorized service representative; (3) misuse, abuse, intentional interference or damage, accident, theft, insect or other infestation, neglect, or failure to maintain the Product as provided for; (4) improper storage, shipping or handling; (5) defects which are of minor cosmetic nature that do not affect the functionality of the Product; (6) damage caused by external events for which ICOR has no control over including without limitation: war, strike, fire, explosion, power blackout, earthquake, flood, lightening, hail, wind storm, vandalism, civil disturbance, riot or acts of God; (7) defects arising out of ordinary wear and tear; (8) the application of any substances not contemplated to be applied to the Product as provided for in the instruction manual; (9) damage caused by harmful fumes, vapours or chemicals, atmospheric pollutants, or mildew; and (10) any damage which may arise from transportation of the Product by purchaser. Normal wear and tear will not be covered by this Limited Warranty. The costs associated with (i) shipping and handling and (ii) removal and/or reinstallation of the Product are not covered by this Limited Warranty. This Limited Warranty is only available to the original end-user of the Product, who purchased the Product from ICOR or one of its authorized distributors and/or dealers. This Limited Warranty is not transferable. Warranty Other than this Limited Warranty there are no warranties, representations, affirmations, promises, or assurances by ICOR, expressed or implied, whether by law, custom, previous transaction or otherwise, including without limitation, warranties of merchantability or fitness for a particular purpose. In particular due to the inherent variability of the devices and hazards for which the Product may be used to protect against or mitigate the effects of, ICOR does not warrant or in any way imply that the Product will protect or mitigate against the effects of any Standard Contract for Goods and Services (rev. 6/2024) Page 9 of 9 devices or hazards including without limitation contamination or blast, or will have the effect intended by the user. The user must conduct their own trials with the Product and the intended conditions in which the Product will be used to assess the benefit and/or risk and safety issues which may arise from the use of the Product in different situations, including without limitation those situations involving contamination and/or explosions or blasts. The purchaser assumes all risk of loss, or damage to persons or property arising from the use of the Products. To the extent not prohibited by law, all statutory warranties are hereby waived by the purchaser and excluded from this Limited Warranty. Procedure to Claim on Limited Warranty For any purchaser to take advantage of this Limited Warranty, any claim of a defect must be submitted in writing by the original end-user purchaser to ICOR as soon as the purchaser becomes aware of the defect, by registered mail, e-mail, or fax such that the notice by the purchaser of a claim under this ICOR Limited Warranty, must reach ICOR prior to the expiry of the Limited Warranty period. The notice shall describe in detail the nature of the defect, the name of the ICOR authorized distributor and/or dealer from whom ICOR products were purchased, if applicable, the date and proof of purchase, which must be signed by the end-user purchaser. The defective ICOR Products must be returned to ICOR after receiving from ICOR, an RMA Number to the address indicated by ICOR. The Product must be shipped pre-paid and insured, all at the cost of the Purchaser. The risk associated with the return of the product shall be the purchaser's. All import and/or export requirements, including any governmental or regulatory approvals are the responsibility of the purchaser. ICOR's Limited Warranty Obligations ICOR's sole obligation under this Limited Warranty shall be to repair or replace, at its sole option, the defective Product or components which are found by ICOR to be defective and to which this Limited Warranty applies. The original Limited Warranty of (1) year or two (2) year period shall not be extended by any such replacement or repair, but the remaining Limited Warranty period of one (1) year or two (2) years, if any, shall continue in effect and be applicable under the terms and conditions of this Warranty to the replacement or repaired ICOR Products or components. ICOR reserves the right to discontinue or alter any ICOR Products. If such ICOR products have been discontinued or are not available, ICOR reserves the right to substitute a comparable ICOR Product or component of equal quality. QUOTE Page 1 of 4 QUO-08613-B2B1-1 To Carter Staaf Eden Prairie Police Department (MN) 8080 Mitchell Rd Eden Prairie, MN 55344-2299 QUOTE NO.: QUO-08613-B2B1-1 EFFECTIVE FROM: 10/15/2024 EFFECTIVE TO: 1/15/2025 CURRENCY: US Dollar SHIPPING METHOD: Ground Tel: SHIPPING TERMS: FOB - DESTINATION Fax: *DELIVERY DATE: 32 - 36 Weeks ARO Mobile: PAYMENT TERMS: Net 30 Email: cstaaf@edenprairie.org CASE REFERENCE#: QTY P/N DESCRIPTION $/UNIT % DISC. LINE TOTAL 1.0 Mini-123 Mini-CALIBER® Robot (COFDM) Comes standard with: • Rubber Tracks for traversing rough terrain and climbing stairs • Wirelessly Controlled Front and Rear Flippers with positional feedback with preset Home and Stair Climbing positions • Turreted Robotic Claw arm with 15lbs lift and 5 axes of movement • 10x Color zoom camera on claw arm • Front and Rear Color/IR Drive Cameras • Wide Angle color rear mast camera • Color Claw camera • 2-Way Audio: Talk/Listen through the robot • LED drive lights for Front and Mast Cameras • Wireless RF control: 1.3GHz Video; 900MHz Data • Portable, Lightweight, Handheld Controller • 2x 24V DC Lithium-Iron-Phosphate Robot Battery Packs (1x onboard; 1x spare) & 1x 24V DC Battery Charger • 2x 12V DC Lithium-Ion CCU Battery Packs (1x onboard; 1x spare) & 1x 12V DC Battery Charger • 2 year limited warranty • Electronic manual with training videos and hard copy of operator manual. *Note: Mini-CALIBER is shipped in a wooden crate. Hard-shell case is available as an option. $58,820.00 $58,820.00 1.0 14096 Mini-CALIBER RF Range Extender (1.3GHz Video/900MHz Data) Increase the wireless operating Video/Data range of your Mini-Caliber robot with the Mini-CALIBER RF Range Extender. Mounted on a portable tripod (additional suction cup and magnetic mounts included), an additional transmitter and receiver can be directly connected to the CCU using a 20’ (6m) of hardwire tether. Key uses include: extending RF range; ability to have antennae’s mounted outside armored vehicles. Includes one CAL-EB3 MINI CCU battery pack. Battery charger not included, as system uses CAL-BC2 Mini CCU Battery Charger included with robot. Note: Available on new MINI-12X CALIBER robots only. $8,625.00 5.25 $8,172.19 1.0 14886 Mini DRACO - Gas Delivery System The Mini DRACO (DM-0001-DFS6) Two shot, air assisted gas delivery system for the Mini-CALIBER robot. It enables you to deliver gas remotely using any compatible Tri-Chamber Flameless Grenade fitted with the Command Initiated Adapter and Thermo Tube (CS, OC, and SAF-SMOKE™ only - FLAMELESS GRENADES NOT INCLUDED) Complete system includes the following: 1 - Machined aluminum two shot tube with fan 1 - DFS-6 remote - six shot wireless firing system (1200ft range), with controller, two Milwaukee M-12 batteries with Milwaukee rapid charger 1 – M-12 fan power cord 2 – QR machined mounting system - tube to arm of the robot 1 - Remote firing system mounting plate – mounts to rear of ICOR Mini Robot 1 - Tool kit to maintain robot and firing system. 1 - SKB HD protective storage hard case, with wide rolling wheels - complete system is stowed and shipped in case. $12,000.00 $12,000.00 1.0 S&H SHIPPING AND HANDLING $1,000.00 $1,000.00 TOTAL $79,992.19 This is a quotation on the goods named, subject to the conditions noted below: Unless otherwise provided: This quote is in US Dollars; shipping terms are EX WORKS for domestic and international shipments; all prices are exclusive of shipping costs, insurance, custom clearance and any applicable Taxes of any kind; all price quotations are valid for 90 days. Published list prices are subject to change without notice. Due to a policy of continuous product improvement, ICOR reserves the right to change QUOTE Page 2 of 4 QUO-08613-B2B1-1 specifications and appearance without notice. Please reference the invoice number on your cheque and remit to ICOR Technology Inc. 935 Ages Drive, Ottawa, Ontario K1G 6L3 Canada. The CALIBER® Robot (including the MK3, T5, Mini, and MK4) contains up to 35% US-source materials and are ITAR export license free and not subject to AECA or EAR regulations. The CALIBER® Robot is a Controlled Good, and requires an Export Permit for international shipping in accordance with the Export and Import Permits Act (R.S.C., 1985, c. E-19). Failure to perform due to the action or inaction of the Government of Canada will be considered Force Majeure, and, ICOR is not responsible for any penalties, fees, liquidated damages, etc. Some or all of the quoted items are eligible for purchase through GSA’s Cooperative Purchasing Program and 1122 Program for State and Local Law Enforcement. Please consult with your purchasing department to determine the optimal purchasing vehicle and notify your ICOR Sales Representative to make any changes necessary. ICOR’s GSA Contract Number is: GS-07F-0430V DISCLAIMER REGARDING DISRUPTER MOUNT CONFIGURATIONS: ICOR Technology is a robot manufacturer and do not make disrupters. The end-user must consult with the disrupter manufacturer for complete instructions on loading, operation, maintenance and firing procedures. ICOR recommends that the end-user takes disrupter training from the manufacture before firing the weapon off of the robot. USE AT OWN RISK. ANY POTENTIAL DAMAGES TO THE ROBOT AS A RESULT OF USING A DISRUPTER ARE NOT COVERED UNDER WARRANTY. AS PER ICOR ‘S LIMITED WARRANTY, WARNING AND LIMITATION OF LIABILITY DOCUMENT, ICOR SHALL BE HELD HARMLESS TO ANY LOSS OR INJURY AS RESULT OF USING DISRUPTERS ON THE ROBOT. *NOTICE OF COVID-19 MANUFACTURING AND SHIPPING DELAY The COVID -19 pandemic has posed unprecedented problems to the worldwide supply chain network, causing delays in the delivery of critical components needed to build CALIBER® robots. ICOR's top priority is to build and deliver robots according to the order acknowledgement's timelines; nevertheless, we cannot be held liable for delays caused by restricted air cargo capacity and overburdened global logistics networks. To accept this quotation, sign here and return: Signature Date Additional Available Accessories: 0.0 13895 500’ Tether Reel kit - Mini RF Range Extender Used in conjunction with the Mini-CALIBER RF Range Extender (PN 13153) the 500 ft. (150m) tether reel extension cable allows users to place the MINI-CALIBER video and data antennas 500 ft. (150m) from the CCU. This will increase the users operating distance enabling LOS around corners; increasing range of operations inside buildings/parking garages by placing RF antennas inside a structure. Includes a tripod. Note: must be purchased with PN 13153. $4,580.00 $0.00 0.0 10003 Mini Claw Kit - 2ND Generation The 2nd generation claw attachment kit includes specially designed tools to augment the capabilities of the Mini-CALIBER® robot. Kit includes: key holder, PTZ camera extension to reach 9’ (3m) high, box cutters, clothes cutter, extension poles, tire deflator, finger extension with porcelain tips, cutting hook, utility shears with ceramic blades, Cutabiner®, multiple effectors and hook & line accessories. $5,045.00 $0.00 0.0 CAL-OP016 Quick Release FLIR Camera FLIR Thermal Imaging Camera for the CALIBER® Robot (MK3/T5/Mini); Mounts to the Quick Release PTZ Mast (zoom not available); Wide Field of View (H49° x V39°) with an effective detection range up to 230m (750ft) $11,240.00 $0.00 0.0 12627 MINI Quick Release Color IR Camera Optional Colour / IR (infra red) Camera for the Mini-CALIBER® Robot (CAL- Mini); used in place of zoom camera on claw mount or placed on deck mast. $1,105.00 $0.00 0.0 CAL-MDVR Digital Video Recorder (DVR) for Mini-CALIBER Capture Video images from your Mini-CALIBER CCU. 1080p HD video recording and picture capture up to 320GB of MPEG-4 video and/or JPEG images. Onboard 5" (12.7cm) LCD Screen for quick review of recorded images and video. (Available for MK3, T5, or Mini) $2,265.00 $0.00 0.0 10458 Claw Auxiliary Camera - Mini Increase your situational awareness while using your manipulator with the addition of the Claw Auxiliary Camera for your Mini-CALIBER®. This ultra- versatile mount has a fully adjustable folding arm that connects a camera to the claw housing. Fully configurable to provide the best viewing angle while using tools from the optional CALIBER® Claw Attachment Kit (PN: 10003). Note: Available for the Mini-CALIBER® only. $1,620.00 $0.00 QUOTE Page 3 of 4 QUO-08613-B2B1-1 0.0 CAL-K4300- 12IC K4300-12 – Tactical-Swat Disrupter Kit This 12 gauge 12 inch barrel disrupter is used for tactical purposes. The barrel is made from titanium and has an ACME threaded muzzle end to accept the standard T3 disrupter smooth bore and rifle bore tips. it can be fired as a 12 inch disrupter with a plastic thread protector on the muzzle end threads. It is not designed to use water as a 12 inch disrupter, but can fire water shots if used with the 3 smooth bore tip.This disrupter uses the standard T3 disrupter breech cap and plug. It can be used in any standard PAN clamp. The muzzle end is larger than a standard PAN muzzle, so an over the barrel PAN laser will not fit. You must use a bore sight laser or a larger over the barrel laser adapter. 4300-12 TACTICAL BARREL (12" TITANIUM) 1 4341 T3 PRO BREECH CAP 1 K4350PL PUSH LOCK BREECH PLUG-Assembled 1 7100 SHELL EXTRACTOR 1 7280 WATER BOTTLE 1 K3095T RED AND BLACK PUGS (15 EA) 1 4330 T3 THREAD PROTECTOR 1 2001 SEATING TOOL 1 7110 FIRING PIN TOOL 1 7250PL 7/16 NUT DRIVER 1 K3010PL PUSH LOCK BREECH PARTS KITContains: (4)Push Lock Y Fittings; (2)Push Lock Couplings; (2)Firing Pins;(3)Springs; (1)Push Lock Fitting 1 2045 GUN BORE CLEANING KIT 1 3130 WD-40 1 K3150 ROBOT DISRUPTER SLEEVE (W/GREN LASERS) with Mini-CALIBER mount 1 3153 8' PARACORD LANYARD 1. *Note: This product requires p/n: 10001 Mini Arm Picatinny Rail Assembly to attach mount to robot arm. **Note: Initiation system required. There are various options available for initiation. Typically, CAL-OP001 or CAL-OP002 or 1680 Remote Firing Device are purchased with this system. For dynamic breaching or missions where instantaneous initiation is required, low voltage pyrotechnic initiators can be used. Contact your ICOR Representative for further information. $5,210.00 $0.00 0.0 10002 K3150 Robot Disrupter Sleeve The Ideal Products Inc Robot Disrupter Sleeve kit allows for the integration of a 12in Tactical, 18in T3 or 24in PAN disrupter onto a Mini-CALIBER® robot or tripod stand. Allows the disrupter to dislodge upon firing to reduce recoil on robot. Mounts on a Picatinny rail. Comes equipped with two self-powered dot green lasers used for aiming. *Note Requires ICOR p/n: 10001 - MINI arm Picatinny Rail Assembly, for Mini-CALIBER robot operation. Shipped in a cardboard box, includes laser adjusting tool. (For Mini Only; Disrupter not included) **Note: Initiation system required. There are various options available for initiation. Typically, CAL-OP001 or CAL-OP002 or 1680 Remote Firing Device are purchased with this option, or low voltage pyrotechnic initiators can be used. Contact your ICOR Representative for further information. $3,300.00 $0.00 0.0 10001 MINI arm Picatinny Rail Assembly Includes a clamp and Picatinny rail base plate which can be permanently attached to the Mini-CALIBER® arm with a quick disconnect Picatinny clamp extension assembly. Instruction manual and mounting hardware included. Packaged in a cardboard box. For use with P/N 10002 - K3150 Robot Disruper Sleeve. $410.00 $0.00 0.0 CAL-OP001 Firing Circuit 24V DC Firing Circuit for Mini-CALIBER® Robot $1,220.00 $0.00 0.0 CAL-OP002 Firing Circuit AND Shock Tube Initiator 24V DC Firing Circuit AND Single Channel Shock Tube Initiator with mounting bracket for Mini-CALIBER® Robot $2,620.00 $0.00 0.0 CAL-125RC 12.5MM RC DISRUPTOR MOUNT Disruptor Mount w/ 24V DC Firing Circuit for Mini-CALIBER® Robot - includes Camera and Green Lasers for sighting. The mount integrates with Proparms RC 12.5mm, AB Precision Needle Plus, and Ideal Products .357 Magnum Note: the disrupter is not included $3,105.00 $0.00 0.0 CAL-OP014 Mini-CALIBER case Mini-CALIBER hardshell transit case wtih custom cut foam and tie downs to secure robot. Note: the transit case only holds the Mini-CALIBER robot. There is a separate hardshell case for the CCU. $1,820.00 $0.00 QUOTE Page 4 of 4 QUO-08613-B2B1-1 0.0 CAL-SP2 Mini Basic Spare Parts Kit Essential items to maintain and repair your Mini-CALIBER® robot $1,825.00 $0.00 0.0 CAL-EB2 24V DC Battery Pack - Mini Spare/Replacement 24V DC Battery Pack for Mini-CALIBER® Robot Includes: 2x 12.8V / 9.6 AH LiFePO4 Replacement battery for use with the Mini-CALIBER® Robot (note: The Mini-CALIBER® uses 2 LiFePO4 batteries for 24V operation) $725.00 $0.00 0.0 CAL-BC3 Robot Battery Charger - Mini Spare Mini-CALIBER robot dual battery charger. $225.00 $0.00 0.0 CAL-EB3 CCU Battery - Mini Spare/Replacement 11.1V / 7.8Ah Li-Ion for use with the Mini-CALIBER® CCU $190.00 $0.00 0.0 CAL-BC2 CCU Battery Charger - Mini Spare Mini-CALIBER CCU battery charger with re-calibration function. $345.00 $0.00 0.0 14058 MINI Portable Handheld Screen (COFDM) The Mini-CALIBER®’s Portable Handheld Screen is ideal for SWAT entry teams that want to see what the robot operator is viewing on the CCU screen. HDMI output. Available for Mini-CALIBER with Digital RF System Only $6,895.00 $0.00 0.0 10478 Extended Warranty - Mini CALIBER® Robot Extended Warranty. Add an additional year (3rd Year) to the standard 2 year warranty. (Available for Mini-CALIBER) $6,080.00 $0.00 0.0 CAL-TTC-MINI Mini-CALIBER® ROBOT ONSITE TRAINING at Customer Location Eight (8) hour Operation, Maintenance, and Troubleshooting Course for one or two robots. Includes travel and accommodations for ICOR Technician. Consists of hands-on instruction for up to ten operators, and a classroom presentation for unlimited participants. $3,475.00 $0.00 City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.O. Department: Public Works / Engineering – Adam Gadbois ITEM DESCRIPTION Approve Professional Services Agreement Amendment with SRF Consulting Group for Construction Administration Services for the Prairie Center Drive Pavement Rehabilitation Project. I.C. 24803 REQUESTED ACTION Move to Approve Professional Services Agreement Amendment with SRF Consulting Group for Construction Administration Services for the Prairie Center Drive Pavement Rehabilitation Project. SUMMARY The Prairie Center Drive Pavement Rehabilitation Project involved replacement of the existing asphalt pavement along Prairie Center Drive from Highway 212 to Flying Cloud Drive as well as safety and traffic efficiency enhancements to the intersection with Regional Center Drive, and minor utility improvements. SRF Consulting Group performed construction administrations services in the form of construction inspection, surveying, traffic signal timing, and overall construction management. Their original proposal included an estimate of their fees for completing these services. The original estimate of $105,104.50 was exceeded by $33,285.00 for a total fee of $138,389.50. The increase in fee was primarily due to their original proposal estimating a 10-week construction schedule that ultimately was a 20-week construction schedule, with several weeks having minor contractor activity and/or punch list work. Additionally, unanticipated increases to concrete curb and gutter and driveway replacements, unanticipated subgrade issues, and change order processing, led to increased inspection efforts. Funding for the project includes the pavement management fund, the transportation fund, and the storm water utility fund. The additional costs will be funded by the pavement management and transportation funds. ATTACHMENTS Attach 1 - Amendment 1 (rev. 9/2024) AMENDMENT To Agreement for Professional Services This Amendment to Agreement for Professional Services (“Amendment”) is made on the 7th day of January, 2025, between the City of Eden Prairie, a Minnesota municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota Corporation (“Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416. WHEREAS, the City and Consultant entered into that certain Agreement for Professional Services dated May 7th, 2024 (the “Agreement”), for the work described in Exhibit A attached thereto; WHEREAS, the City and Consultant desire to amend paragraph 3 of the Agreement relating to Compensation for Services. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Compensation for Services: Paragraph 3 of the Agreement entitled “Compensation for Services” is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $138,389.50 for the services as described in Exhibit A to the Agreement and the following additional services, which are hereby incorporated into and will be part of Exhibit A: a. Additional $33,285.00 to perform construction administration for the project. The original proposal for services under-anticipated 10 weeks of active construction. However, there were 20 total weeks of construction (several weeks of minor contractor activity and punch list work). Additional administration was required due to the increase in concrete curb and gutter and driveway replacements, extension of the contractor’s schedule compared to the plan and specification documents, and addressing unanticipated subgrade concerns and change orders. 2. Agreement. Except as expressly amended by this Amendment, all terms and conditions of the Agreement remain in full force and effect. 3. Counterparts. This Amendment may be executed in multiple counterparts, each of which shall be considered an original. 4. Binding. This Amendment shall be binding upon and inure to the benefit of the parties hereto. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager 2 (rev. 9/2024) CONSULTALT By: Its: CFO City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Agenda Item Number: VIII.P. Department: Public Works / Engineering – Adam Gadbois ITEM DESCRIPTION Approve Professional Services Agreement Amendment with SRF Consulting Group for Construction Administration Services for the Prairie Center Drive and Franlo Road Intersection Improvements. I.C. 23819 REQUESTED ACTION Move to Approve Professional Services Agreement Amendment with SRF Consulting Group for Construction Administration Services for the Prairie Center Drive and Franlo Road Intersection Improvements. SUMMARY The Prairie Center Drive and Franlo Road Intersection Improvements project involved conversion of the intersection from two-way stop controlled to fully signalized, enhancing safety and providing pedestrian connections from Franlo Road and Prairie Center Drive to the Eden Prairie Center. SRF Consulting Group performed construction administrations services in the form of construction inspection, surveying, traffic signal timing, and overall construction management. Their original proposal included an estimate of their fees for completing these services. The original estimate of $137,140.00 was exceeded by $41,742.00 for a total fee of $178,882.00. The increase in fee was partially due to their original proposal estimating a 10-week construction schedule that ultimately was a 16-week construction schedule. Additionally, contractor methods of construction and communication, unanticipated subgrade issues, and change order processing, led to increased inspection efforts. Funding for the project includes the City’s municipal state aid account, the transportation fund, and the storm water utility fund. The additional costs will be funded by the City’s municipal state aid account. ATTACHMENTS Attach 1 - Amendment 1 (rev. 9/2024) AMENDMENT To Agreement for Professional Services This Amendment to Agreement for Professional Services (“Amendment”) is made on the 7th day of January, 2025, between the City of Eden Prairie, a Minnesota municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota Corporation (“Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416. WHEREAS, the City and Consultant entered into that certain Agreement for Professional Services dated June 18th, 2024 (the “Agreement”), for the work described in Exhibit A attached thereto; WHEREAS, the City and Consultant desire to amend paragraph 3 of the Agreement relating to Compensation for Services. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Compensation for Services: Paragraph 3 of the Agreement entitled “Compensation for Services” is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $178,882.00 for the services as described in Exhibit A to the Agreement and the following additional services, which are hereby incorporated into and will be part of Exhibit A: a. Additional $41,742.00 to perform construction administration for the project. The original proposal for services under-anticipated 10 weeks of active construction. However, there were 16 total weeks of construction. Additional administration was required due to contractor methods of construction and communication, unanticipated subgrade issues, and change order processing. 2. Agreement. Except as expressly amended by this Amendment, all terms and conditions of the Agreement remain in full force and effect. 3. Counterparts. This Amendment may be executed in multiple counterparts, each of which shall be considered an original. 4. Binding. This Amendment shall be binding upon and inure to the benefit of the parties hereto. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONSULTALT 2 (rev. 9/2024) By: Its: CFO City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.Q. Department: Public Works / Engineering – Jake Sandvig ITEM DESCRIPTION The purchase of a salt crusher dirt pulverizing bucket model: Vipermetal 3-1720HD with Hydraulic Hoses and Loader Mount (Cat Fusion). Ken Burns Inc. (KBI) is the authorized vendor. REQUESTED ACTION Move to authorize purchase of a Salt Crusher Dirt Pulverizing Bucket Model: Vipermetal 3- 1720HD with Hydraulic Hoses and Loader Mount (Cat Fusion) in the amount of $57,621.20. SUMMARY Purchase a salt crusher dirt pulverizing bucket attachment for a loader to use at the MOSS and Maintenance Facility for winter and summer operations for Streets, Parks, and Utilities. Minnesota winters are becoming more humid causing salt to freeze into boulders. This is jamming augers during snow removal. In the summer we will be able to pulverize black dirt to make it better for seeding and spreading more uniformly. Both these scenarios will save in labor and response times to avoid equipment malfunctions. Ken Burns Inc. quoted: $57,621.20. Ziegler Cat declined to send a quote. Comparable alternative bucket quote: $95,875.00 This piece of equipment would be purchased with funding from the Capital Plan project #25401. ATTACHMENTS Vendor Quote City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.R. Department: Public Works / Streets - Jake Sandvig ITEM DESCRIPTION The purchase of two portable changeable message boards PCMS-1500-PRO G3 with 15Amp Charger. The Minnesota Office of State Procurement Contract Release: A-210(5) Contract No. 202192 will be used for the pricing and purchase of two portable changeable message boards PCMS-1500-PRO G3 with 15Amp Charger. Street Smart Rental, LLC is the authorized vendor. REQUESTED ACTION Move to authorize purchase of two portable changeable message boards PCMS-1500-PRO G3 with 15 amp charger for $44,528.00 SUMMARY Purchase two medium message boards for traffic control, parks events, emergency management, crowd control, etc. These message boards have more lines for messaging and can move both vertically and horizontally for better readability. Frequently Streets is asked to deploy message boards to control traffic, or for event notification. Streets currently has one small message board with limited messaging and viewing options. The current message board is over 10 years old. These new units are larger and would allow us to place for both directions of traffic. When we do need message boards we rent them for $1,200 per use. This piece of equipment would be purchased with funding from the Capital Plan project #25402. ATTACHMENTS State Contract Vendor Quote Page 1 of 16 Admin Minnesota Office of State Procurement Room 112 Administration Bldg., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996 Persons with a hearing or speech disability may contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. CONTRACT RELEASE: A-210(5) DATE: DECEMBER 1, 2024 PRODUCT/SERVICE: MOBILE TRAFFIC CONTROL AND SAFETY DEVICES CONTRACT PERIOD: DECEMBER 1, 2021, THROUGH NOVEMBER 30, 2025 EXTENSION OPTIONS: UP TO 12 MONTHS ACQUISITION MANAGEMENT SPECIALIST/BUYER: KAREN MCINTYRE PHONE: 651.201.3124 E-MAIL: karen.mcintyre@state.mn.us WEB SITE: https://mn.gov/admin/osp/ NOTIFICATION OF MULTIPLE AWARDS CONTRACTOR CONTRACT NO. TERMS DELIVERY AMERICAN SIGNAL COMPANY CONTRACT NOT EXTENDED CONTRACTOR CONTRACT NO. TERMS DELIVERY AMKA Global is a certified minority owned business. AMKA GLOBAL LLC 202189 NET 30 8 – 10 Weeks 4445 W 77th Street Suite 223 Edina, MN 55435 VENDOR NO.: 0000973563 CONTACT: Bocar Kane Email: Bocar@amkaglobal.us PHONE: 952-495-4492 Price Schedule Blade Option Pricing THIS RELEASE CONTAINS MULTIPLE AWARDS FOR SIMILAR OR LIKE ITEMS. STATE AGENCIES AND CPV MEMBERS SHOULD REVIEW AND COMPARE ALL MULTIPLE AWARD CONTRACTOR S IN ORDER TO ENSURE THE BEST VALUE FOR THEIR POTENTIAL PURCHASE. FACTORS SUCH AS, BUT NOT LIMITED TO, COST, EQUIPMENT WARRANTY TERMS, VENDOR LOCATION, DELIVERY LEAD TIMES, AVAILABLE SUBSTITUTES, SELECTED OPTIONS AND CURRENT FLEET AND EQUIPMENT OR PARTS INVENTORY LEVELS ALL MAY CONTRIBUTE TO THE TOTAL COST/VALUE OF AN INDIVIDUAL PURCHASE. MULTIPLE VENDORS MAY BE ABLE TO SATISFY THE REQUIREMENTS OF THE PURCHASER AND THEREFORE IT IS IMPORTANT FOR THE PURCHASER TO REVIEW ALL CONTRACTS AND CONTRACT PRICES BEFORE EXECUTING AN ORDER. Page 2 of 16 CONTRACTOR CONTRACT NO. TERMS DELIVERY ENERGY ABSORPTION 202190 NET 30 45 Days SYSTEMS, INC. 70 W Madison Street, Suite 2350 Chicago, IL 60602 VENDOR NO.: 0000303391 CONTACT: Diane Sanchez & Erika Chavez PHONE: 312-705-8454 Email: diane.sanchez@valtir.com / erika.chavez@valtir.com or 312-705-8456 CONTACT: Christina Jones PHONE: 312-705-8455 Email: christina.jones@valtir.com TOLL FREE: 888-323-6374 Pricing Schedule CONTRACTOR CONTRACT NO. TERMS DELIVERY INTELICOM, INC. 202191 NET 30 45-60 Days DBA LITESYS®, INC. 150 Pollywog Lane PO Box 239 Belgrade, MT 59714 VENDOR NO.: 0000223206 CONTACT: Kendall Kanning PHONE: 406-388-9317 Email: kendall@litesys.com FAX: 406-388-9319 Email for Orders: sales@litesys.com TOLL FREE: 800-533-7441 Price Schedule CONTRACTOR CONTRACT NO. TERMS DELIVERY STREET SMART 202192 NET 30 Varies by product RENTAL, LLC 7526 4th Avenue PO Box 548 Lino Lakes, MN 55014 VENDOR NO.: 0000234819 CONTACT: Adam Berg PHONE: 651-653-4648 Email: aberg@streetsmartrental.com OR 888-653-8600 CONTACT: Matt Krengel PHONE: 651-653-4648 Email: mkrengel@streetsmartrental.com OR 888-653-8600 Price Schedule CONTRACTOR CONTRACT NO. TERMS DELIVERY WARNING LITES OF MN INC. 202193 NET 30 2-4 Weeks 4700 Lyndale Ave N Minneapolis, MN 55430 VENDOR NO.: 0000863098 CONTACT: Herb Bray PHONE: 612-459-0006 Email: hbray@warninglitesmn.com FAX: 612-521-0646 TOLL FREE: 800-766-5483 Price Schedule Addco Price Schedule Page 3 of 16 CONTRACT USERS. This Contract is available to the following entities as indicated by the checked boxes below ☒ State agencies ☒ Cooperative Purchasing Venture (CPV) members AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contractor . State agencies should use a Contract release order (CRO) or a blanket purchase order (BPC). The person ordering should include his or her name and phone number. Orders may be submitted via fax. SPECIAL TERMS AND CONDITIONS SCOPE. To provide mobile traffic control and safety devices such as attenuators, arrowboards, changeable message signs, auto flaggers and portable traffic control signals for all State agencies and members of the Cooperative Purchasing Venture (CPV) program. 1. Right to Add. During the term of the contract, the State reserves the right to add additional equipment and accessories, upon mutual agreement between the State and the Contractor(s) through a duly executed amendment to the contract. 2. Buying “Off” Contract. The State reserves the right to issue an additional RFB/Event, separate and aside from this RFB, if deemed in its best interest. The State may use whatever RFB/Event procedure that is most advantageous to the State. The State also reserves the right to issue another RFB/Event if new makes and models become available that would be of interest and benefit to the State or CPV members. 3. Equipment Literature. Upon request by a State agency or CPV member, the Contractor shall provide equipment sales literature at no cost to the requestor. Equipment sales literature should include items such as, but not limited to, product information, product functionality, and operation instructions. A link to the manufacturer’s website that includes technical data must be provided and should be included with the response to the Solicitation. 4. Equipment Orientation. Unless the cost of orientation is itemized on the Price Schedule, the cost of the equipment includes orientation to familiarize the end user on how the vehicle will operate, the mounting and removal of accessories and options, and all operating and safety instruction. The Contractor must provide orientation where the ordering entity takes possession, unless otherwise requested by the ordering entity. Orientation for drop shipped goods may be accomplished via video or other means as approved by the ordering entity. 5. Miscellaneous Items. State agencies may purchase incidental miscellaneous parts, accessories and labor that are not listed on the Price Schedule but are directly related to a specific item(s) included on the Contract. The total cost for these miscellaneous items may not exceed $5,000.00 for an individual purchase order. If the Customer’s entity requires a lower threshold for competitive bidding other than $5,000.00, they must follow their local entity’s requirements. Any purchase order must be issued to the Contractor. 6. Discontinued and Replacement Models. All equipment offered must be available during the initial terms of the contract. If the manufacturer discontinues a model number during the initial term of the contract, the contractor must notify the AMS as soon as possible of the change. No replacement models will be allowed unless confirmed in writing by the AMS through a fully executed amendment. The State is under no obligation to accept a replacement model. UNSPSC. 46161700 Mobile Traffic Control & Safety Devices. 46161508 Security & Safety Equipment Supplies Page 4 of 16 VERIFYING THE CONTRACT PRICES. The following information explains the methods for calculating and/or confirming the contract prices. The contracts for traffic control and safety devices under this release contain FIXED and PERCENTAGE DISCOUNT OFF OF LIST pricing. • For FIXED pricing, the pricing offered must match or be lower than that detailed on this release on the MnDOT web page. • For PERCENTAGE DISCOUNT OFF OF LIST pricing, calculate the contract price by following these steps: 1) Locate the appropriate price list using this release and the MnDOT web page. 2) Calculate the Contract Price by applying the Percentage Discount Off of the Appropriate Price List to the appropriate Price List. 3) Confirm the price offered is equal to, or lower than, the price calculated in step 2. Only accept Contractor quotes that provide itemized contract pricing (lump sum price quotes must be rejected and revised by the Contractor to show itemized State contract pricing). Prior to accepting an order and/or issuing an invoice, inspect the products received to ensure they match both the terms and pricing of the contract. Contact the AMS detailed on the first page of this release to report any pricing discrepancies or for assistance in confirming/calculating contract pricing. PRICES. At no time should the ordering entity pay more than the Contract price. Agencies must contact the AMS immediately and fill out a Vendor Performance Report if there is a discrepancy between the price on the invoice and the Contract price. 1. Installation Services. The Contractor must apply a charge as a separate line item for installation or mounting services if such service is requested in writing by the ordering entity. The price for equipment, attachments, or options does not include installation or mounting costs unless otherwise indicated in the Contract or Price Schedule. 2. Transportation. Freight under this contract is Price per Loaded Mile. Price per Loaded Mile is the delivery charge per loaded mile from the delivery starting point (city, state, and zip code) to the ordering entity’s delivery point. Freight must be included on the quote, and the amount invoiced may not exceed the amount quoted for freight unless the ordering entity agrees otherwise in writing. The State will not accept a flat, fixed price for shipping. If the Price per Loaded Mile is “No Charge” or “$0.00,” or that field on the Price Schedule is blank, delivery is included in the product cost. Mileage distance will be determined using an industry-standard product. 3. Taxes. Do not add sales tax to the prices being offered. State Agencies hold a Direct Payment Authorization Letter which is used to pay applicable taxes directly to the Department of Revenue. Contractors may go to http://www.revenue.state.mn.us to learn about the applicable sales tax (search “Fact Sheet 142”). Page 5 of 16 EQUIPMENT LIST AND PRICING Detailed Price Pages by Equipment type is available on the MnDOT web page http://www.dot.state.mn.us/maintenance/fleet.html Select “Current list of equipment contracts” on the MnDOT web page Contractor Name AMERICAN SIGNAL CO. AMKA GLOBAL LLC ENERGY ABSORPTION SYSTEMS, INC. INTELICOM INC., DBA LITESYS®, INCORPORATED STREET SMART RENTAL, LLC WARNING LITES OF MN INC. Contract Number 202185 202189 202190 202191 202192 202193 SPEC 2.0 ARROWBOARDS (GROUP I)   SPEC 3.0 TRUCK & TRAILER-TRUCK MOUNTED ATTENUATORS (Group II)   SPEC 4.0 PORTABLE CHANGEABLE MESSAGE SIGNS (PCMS) (Group III)     SPEC 5.0 AUTOMATED FLAGGER ASSISTANCE DEVICES (AFAD) (Group IV)  SPEC 6.0 PORTABLE TRAFFIC CONTROL SIGNALS (PTCS) (Group V)   SPEC 7.0 MOBILE TRAILERS (Group VII)   Items Awarded by Vendor STREET SMART RENTAL, LLC Contract No. 202192 • Solar Technology Silent Sentinel 25-Light Arrowboard Trailer • Solar Technology Silent Messenger LR 54”x92” PCMS Trailer • Solar Technology Silent Messenger 126”x76” PCMS Trailer • Solar Technology Silent Messenger 2 54”x92” PCMS Trailer WARNING LITES OF MN INC. Contract No. 202193 • WTSP-LSAC 25-LED Solar Trailer Unit • WVTM(B) Mini Matrix CMS Trailer, Hand-Operated Lift • WFB8-LSAC 48”x96” 25-LED Manual Tilt • WTMMB(A) Full Matrix CMS Trailer, Hydraulic Lift • WB8-LSAC 48”x96” Truck Mount Arrowboard • WTLMB(A) 3-Line Full Size CMS Trailer, Hydraulic Lift • WVMB-2LP Truck Mount 3-Line CMS • WVTMM-M Solar Trailer Metro-Medium CMS, Manual Lift • WVMB-3LP Truck Mount Matrix, 3-Line CMS • WSDT3-S Radar Speed Trailer-Full Matrix • WVT3(B) Mini 3-Line CMS Trailer, Hand-Operated Lift • WSDT3-SPD Radar Speed Trailer for Law Enforcement • WVTMM-L Metro VMS, Large • WSD-TF Folding Radar Speed Trailer Contract No. 202189 AMKA Global Price Schedules Contract No. 202190 Energy Absorption Systems, Inc. Price Schedules Contract No. 202191 Intelicom Inc., DBA LITESYS®, Incorporated Price Schedules Contract No. 202192 Street Smart Rental, LLC Price Schedules Contract No. 202193 Warning Lites of MN Inc.: Wanco Price Schedules Addco Price Schedules Page 6 of 16 EQUIPMENT REQUIREMENTS 1. GENERAL EQUIPMENT REQUIREMENTS 1.1. This equipment must be the most current advertised production model, as modified per specifications and approved by Mn/DOT 1.2. This equipment must l be furnished with all standard equipment advertised, whether or not specifically called for here, except where the item is replaced by optional over standard equipment or conflicting equipment is specified. 1.3. This equipment must be complete with all equipment required for immediate operation to function as listed in the equipment specifications and must meet all applicable codes and safety standards. 2. SPECIFICATION 2.0 ARROWBOARDS (GROUP II); CHANGEABLE MESSAGE BOARDS; and TRUCK & TRAILER MOUNTED ATTENUATORSARROWBOARD & TRAILER 2.1. Mn/DOT will only purchase arrowboards that are on Mn/DOT's qualified products list. Contractors can view and obtain information regarding Mn/DOT’s qualified product list and evaluation process at Mn/DOT’s Traffic Engineering’s website. http://www.dot.state.mn.us/trafficeng/products/index.html 2.2. The Contractor shall ensure equipment meets all current Federal and Minnesota safety codes, the requirements of the Manual on Uniform Traffic Control Devices (MUTCD). View at: http://www.dot.state.mn.us/trafficeng/otepubl/mutcd/index.html 2.3. The portable sign system shall not overturn or change orientation when it is either fully deployed and raised (sign face parallel to axle) or in the transport position (sign face perpendicular to axle). This shall be based on a 3 second wind gust speed of 72 M.P.H., directed to the front face or rear wall of display (NEMA standards). 2.4. Arrowboard shall have a minimum of 14 elements comprised of amber sealed beams, halogen bulbs, flip discs or LEDs plus an indicator lamp on the reverse side of the panel. Solderless connectors are not acceptable. Lamps must be hooded. 2.5. Arrowboard display elements shall be capable of at least 50 % dimming from full brilliance. This shall be controlled by a potentiometer, or a photocell located on the bottom channel where it is protected from direct ambient light. 2.6. The electrical system for arrowboard shall be protected from weather and damage. 2.7. Control box shall be weather protected with sealed touch membrane switches or enclosed in a sealed compartment. Panel shall indicate switch choices and/or positions. 2.8. Solar-charging systems shall be sufficient to operate in Minnesota without external charging. 2.9. The minimum element on time shall be 50% for the flashing mode, with equal intervals of 25% for each sequential phase. 2.10. The flashing rate shall not be less than 25 or more than 40 flashes per minute with the following mode selections: 2.10.1. A flashing arrow, sequential arrow, or sequential chevron mode. 2.10.2. A flashing double arrow mode. 2.10.3. A flashing caution mode with four or more elements that does not indicate any direction. 2.11. The Contractor shall offer an option so Mn/DOT units can have the left and right sequential stem arrow function disabled if standard. 2.12. Manufacturer’s standard color is acceptable, however paint must be lead free. Page 7 of 16 2.13. Each unit shall be supplied with one set of parts, service and operations manuals, as well as a complete wiring diagram. 2.14. The Contractor must give adequate training in mounting and removal, operation, safety and maintenance of supplied equipment at delivery site, before the purchase will be considered complete. 2.15. The Contractor must furnish a standard manufacturer’s warranty. The Contractor shall be responsible for the cost of any inspections, adjustments, parts, labor, travel, pickup and/or delivery charges that are a result of equipment failure(s) during the warranty period. This shall be performed without any delay. This warranty shall commence when the unit is put into service. The Contractor shall state warranty for all items requested on the pricing page. 3. SPECIFICATION 3.0 TRUCK & TRAILER-TRUCK MOUNTED ATTENUATORS 3.1. TRUCK MOUNTED ATTENUATOR REQUIREMENTS 3.1.1. Mn/DOT will only purchase truck mounted attenuators that are on Mn/DOT's qualified products list. Contractors can view and obtain information regarding Mn/DOT’s qualified product list and evaluation process at Mn/DOT’s Traffic Engineering’s website. http://www.dot.state.mn.us/products/index.html. 3.1.2. TMA and mounting hardware must meet federal MASH requirements per the AASHTO Manual for Assessing Safety Hardware. 3.1.3. TMA and mounting hardware must meet or exceed NCHRP 350 Test Level 2 (TL-2), Test #50 or the latest tests with an 1,800-pound inertial mass vehicle. 3.1.4. TMA and mounting hardware must meet or exceed NCHRP 350 Test Level 2 (TL-2), Test #51 or the latest tests with a 4,500-pound inertial mass vehicle. 3.1.5. TMA and mounting hardware must meet or exceed NCHRP 350 Test Level 2 (TL-2), Tests 52, and 53. 3.1.6. TMA must be furnished with a standard trailer lighting system including brake, tail, turn signal, and ICC bar lights that are visible in the lowered and 90 tilt position. 3.1.7. The Contractor must provide an optional light hook-up capable of being connected to a Mn/DOT truck with a standard ICC 7-pin connector and be compatible with Mn/DOT’s wiring pattern (per attached MnDOT wiring diagram). 3.1.8. TMA must be equipped with two heavy-duty, double- wheeled jacks at the front end of the TMA and one-wheel jack at the rear center. 3.1.9. TMA cartridge must be painted yellow with 4"-wide black inverted “V” chevrons on the rear. All steel members on the quick mount shall be primed and painted. Paint must not contain lead. 3.1.10. Each unit shall be supplied with one set of parts, service, and operations manuals as well as a complete wiring diagram. 3.1.11. The Contractor must give adequate training in mounting and removal, operation, safety and maintenance of supplied equipment at delivery site, before the purchase will be considered complete. 3.1.12. The Contractor shall furnish a standard manufacturer’s warranty. The Contractor shall be responsible for the cost of any inspections, adjustments, parts, labor, travel, pickup and/or delivery charges that are a result of equipment failure(s) during the warranty period. This shall be performed without any delay. This warranty shall commence when the unit is put into service. The Contractor shall state warranty for all items requested on the pricing page. Page 8 of 16 3.2. TRAILER-TRUCK MOUNTED ATTENUATOR REQUIREMENTS 3.2.1. Mn/DOT will only purchase trailer, truck mounted attenuators (Trailer TMA) that are on Mn/DOT's qualified products list. Contractors can view and obtain information regarding Mn/DOT’s qualified product list and evaluation process at Mn/DOT’s Traffic Engineering’s website. http://www.dot.state.mn.us/products/index.html 3.2.2. TMA and mounting hardware must meet federal MASH requirements per the AASHTO Manual for Assessing Safety Hardware. 3.2.3. Trailer TMA and mounting hardware must meet or exceed NCHRP 350 Test Level 3 (TL-3), Test #50 or the latest tests with a 1,800-pound inertial mass vehicle. 3.2.4. Trailer TMA and mounting hardware must meet or exceed NCHRP 350 Test Level 3 (TL-3), Test #51 or the latest tests with a 4,400-pound inertial mass vehicle. 3.2.5. Trailer TMA and mounting hardware must meet or exceed NCHRP 350 Test Level 3 (TL-3), Tests 52, and 53. 3.2.6. Trailer TMA must meet all current Federal and Minnesota safety codes. 3.2.7. TMA cartridge shall be painted yellow with 4"-wide black inverted “V” chevrons on the rear. All steel members on the quick mount shall be primed and painted. Paint must not contain lead. 3.2.8. Manufacturer's standard color is acceptable but must have 4"-wide black/yellow inverted “V” chevrons on the rear. Paint must not contain lead. 3.2.9. Each unit shall be supplied with one set of parts, service, and operations manuals as well as a complete wiring diagram. 3.2.10. The Contractor shall give adequate training in mounting and removal, operation, safety and maintenance of supplied equipment at delivery site, before the purchase will be considered complete. 3.2.11. The Contractor shall furnish a standard manufacturer’s warranty. The Contractor shall be responsible for the cost of any inspections, adjustments, parts, labor, travel, pickup and/or delivery charges that are a result of equipment failure(s) during the warranty period. This shall be performed without any delay. This warranty shall commence when the unit is put into service. The Contractor shall state warranty for all items requested on the pricing page. 4. SPECIFICATION 4.0 CHANGEABLE MESSAGE SIGN (PCMS) 4.1. CHANGEABLE MESSAGE SIGN (PCMS) REQUIREMENTS 4.1.1. Mn/DOT will only purchase changeable message signs that are on Mn/DOT's qualified products list. Contractors can view and obtain information regarding Mn/DOT’s qualified product list and evaluation process at Mn/DOT’s Traffic Engineering’s website. http://www.dot.state.mn.us/trafficeng/products/index.html 4.1.2. Mn/DOT shall only purchase PCMS’s with messages listed on Mn/DOT’s Traffic Engineering website. 4.1.3. The Contractor shall ensure equipment meets all current Federal and Minnesota safety codes, and the requirements of the Manual on Uniform Traffic Control Devices (MUTCD). View at: http://www.dot.state.mn.us/trafficeng/publ/mutcd/index.html. 4.1.4. PCMS elements shall be comprised aluminum indium phosphide LEDs (approx. 590nm) of flip disk/LEDs. 4.1.5. Except for Type A and flip disk PCMS’s, a pixel shall be comprised of four LEDs. 4.1.6. Unit shall be NTCIP compliant and shall allow for remote accessing via cellular phone system of the Page 9 of 16 State’s choice or wireless internet. 4.1.7. The sign system shall not overturn or change orientation when it is either fully deployed and raised (sign face parallel to axle) or in the transport position (sign face perpendicular to axle). This shall be based on a 3 second wind gust speed of 72 MPH, directed to the front face or rear wall of display (NEMA standards). 4.1.8. Control box shall be weather protected with sealed, touch membrane switches or be enclosed in a sealed compartment. Panel to indicate switch choices and/or positions. 4.1.9. Solar charging capacity shall be sufficient to operate year-round in Minnesota without external charging and with no loss of battery charge. 4.1.10. The electrical system for PCMS shall be protected from weather and damage. 4.1.11. Manufacturer’s standard color is acceptable. The paint must be powder coated and lead-free. 4.1.12. Each unit shall be supplied with one set of parts, service, and operations manuals as well as a complete wiring diagram. 4.1.13. The Contractor shall give adequate training in mounting and removal, operation, safety and maintenance of supplied equipment at delivery site, before the purchase will be considered complete. 4.1.14. The Contractor shall furnish a 3-ear manufacturer’s warranty. The Contractor shall be responsible for the cost of any inspections, adjustments, parts, labor, travel, pickup and/or delivery charges that are a result of equipment failure(s) during the warranty period. This shall be performed without any delay. This warranty shall commence when the unit is put into service. The Contractor shall state warranty for all items requested on the pricing page. 4.2. PCMS TRAILER REQUIREMENTS 4.2.1. Deck shall be constructed to be structurally adequate to serve both as a carrier of, and as an operation platform for, all components of the PCMS. 4.2.2. Trailer shall be designed for unlimited highway travel. 4.2.3. Tire size shall be largest available (minimum 13"). 4.2.4. Trailer shall have heavy-duty fenders. 4.2.5. Trailer shall be equipped with electric brakes if required by state and federal standards. 4.2.6. The trailer shall be equipped with a lighting system consisting of taillights, stoplights, and turn signal lights along with the required reflex reflectors. All lights shall be protected. 4.2.7. Trailer wiring shall be protected against weather and damage. 4.2.8. The Contractor shall provide an optional light hook-up capable of being connected to a Mn/DOT truck with a standard ICC 7-pin connector and be compatible with Mn/DOT’s wiring pattern (per attached MnDOT wiring diagram). 4.2.9. Hitch shall have screw jack, with locking pin, that rotates for transporting. 4.2.10. Contractor shall have four screw jacks with locking pins for leveling the trailer deck. 5. SPECIFICATION 5.0 AUTOMATED FLAGGER ASSISTANCE DEVICES 5.1. Mn/DOT will only purchase changeable message signs that are on Mn/DOT's qualified products list. Contractors can view and obtain information regarding Mn/DOT’s qualified product list and evaluation process at Mn/DOT’s Traffic Engineering’s website. http://www.dot.state.mn.us/products/index.html Page 10 of 16 5.2. Automated Flagger Assistance Devices (AFADs) enable a flagger(s) to be positioned out of the lane of traffic and are used to control road users through temporary traffic control zones. These devices are designed to be remotely operated either by a single flagger at one end of the TTC zone or at a central location, or by separate flaggers near each device’s location. 5.3. There are two types of AFADs: 5.3.1. An AFAD that uses a remotely controlled STOP/SLOW sign on either a trailer or a movable cart system to alternately control right-of-way. 5.3.1.1. A STOP/SLOW Automated Flagger Assistance Device (AFAD) shall include a STOP/SLOW sign that alternately displays the STOP (R1-1) face and the SLOW (W20-8) face of a STOP/SLOW paddle. 5.3.1.2. The AFAD STOP/SLOW sign shall have an octagonal shape, shall be fabricated of rigid material, and shall be mounted with the bottom of the sign a minimum of 6 feet above the pavement on an appropriate support. 5.3.1.3. The size of the STOP/SLOW sign shall be at least 36 x 36 inches with letters at least 12 inches high. 5.3.1.4. The background of the STOP face shall be red with white letters and border. 5.3.1.5. The background of the SLOW face shall be diamond shaped and orange with black letters and border. 5.3.1.6. Both faces of the STOP/SLOW sign shall be retro-reflectorized. 5.3.2. An AFAD that uses remotely controlled red and yellow lenses and a gate arm to alternately control right-of-way. 5.3.2.1. The AFAD STOP/SLOW sign shall have a means to positively lock, engage, or otherwise maintain the sign assembly in a stable condition when set in the STOP or SLOW position. 5.3.2.2. The AFAD STOP/SLOW sign shall be supplemented with active conspicuity devices by incorporating either: 5.3.2.2.1. White or red flashing lights within the STOP face and white or yellow flashing lights within the SLOW face to meet the provisions contained in Section 6E.3 of the Minnesota Manual on Uniform Traffic Control Devices; or 5.3.2.2.2. A Stop Beacon (see Section 4L.5 of the Minnesota Manual on Uniform Traffic Control Devices) mounted a maximum of 24 inches above the STOP face and a Warning Beacon (see Section 4L.3 of the Minnesota Manual on Uniform Traffic Control Devices) mounted a maximum of 24 inches above, below, or to the side of the SLOW face. The Stop Beacon shall not be flashed or illuminated with the SLOW face is displayed, and the Warning Beacon shall not be flashed or illuminated when the STOP face is displayed. Except for the mounting locations, the beacons shall comply with the provisions of Chapter 4L of the Minnesota Manual on Uniform Traffic Control Devices. 5.3.2.3. Type B warning light(s) (see Section 6F.83 of the Minnesota Manual on Uniform Traffic Control Devices) may be used in lieu of the Warning Beacon during the display of the SLOW face of the AFAD STOP/SLOW sign. If Type B warning lights are used in lieu of a Warning Beacon, they shall flash continuously when the SLOW face is displayed and shall not be flashed or illuminated when the STOP face is displayed. Page 11 of 16 5.3.2.4. The faces of the AFAD STOP/SLOW sign may include louvers to improve the stability of the device in windy or other adverse environmental conditions. If louvers are used, the louvers shall be designed such that the full sign face is visible to approaching traffic at a distance of 50 feet or greater. 5.3.2.5. The STOP/SLOW AFAD should include a gate arm that descends to a down position across the approach lane of traffic when the STOP face is displayed and then ascends to an upright position when the SLOW face is displayed. In lieu of a stationary STOP/SLOW sign with a separate gate arm, the STOP/SLOW sign may be attached to a mast arm that physically blocks the approach lane of traffic when the STOP face is displayed and then moves to a position that does not block the approach lane when the SLOW face is displayed. 5.3.2.6. Gate arms shall be fully retro-reflectorized on both sides and shall have vertical alternating red and white stripes at 16-inch intervals measured horizontally. When the arm is in the down position blocking the approach lane: 5.3.2.6.1. The minimum vertical aspect of the arm and sheeting shall be 2 inches; and 5.3.2.6.2. The end of the arm shall reach at least to the center of the lane being controlled. 5.4. RED/YELLOW LENS AUTOMATED FLAGGER ASSISTANCE DEVICE (AFAD) REQUIREMENTS 5.4.1. A Red/Yellow Lens Automated Flagger Assistance Device (AFAD) must alternately display a steadily illuminated CIRCULAR RED lens and a flashing CIRCULAR YELLOW lens to control traffic without the need for a flagger in the immediate vicinity of the AFAD or on the roadway. 5.4.2. Red/Yellow Lens AFADs must have at least one set of CIRCULAR RED and CIRCULAR YELLOW lenses that are 12 inches in diameter. Unless otherwise provided in this Section, the lenses and their arrangement, CIRCULAR RED on top and CIRCULAR YELLOW below, must comply with the applicable provisions for traffic signal indications in Part 4 of the Minnesota Manual on Uniform Traffic Control Devices. 5.4.3. If the set of lenses is post-mounted, the bottom of the housing (including brackets) must be at least 7 feet above the pavement. If the set of lenses is located over any portion of the highway that can be used by motor vehicles, the bottom of the housing (including brackets) must be at least 15 feet above the pavement. 5.4.4. A Red/Yellow Lens AFAD must include a gate arm that descends to a down position across the approach lane of traffic when the steady CIRCULAR RED lens is illuminated and then ascends to an upright position when the flashing CIRCULAR YELLOW lens is illuminated. 5.4.5. The gate arm must be fully retro-reflectorized on both sides and must have vertical alternating red and white stripes at 16-inch intervals measured horizontally. When the arm is in the down position blocking the approach lane: 5.4.5.1. The minimum vertical aspect of the arm and sheeting must be 2 inches; and 5.4.5.2. The end of the arm must reach at least to the center of the lane being controlled. 6. SPECIFICATION 6.0 PORTABLE TRAFFIC CONTROL SIGNALS 6.1. General Requirements 6.1.1. Portable Traffic Control Signals (PTCS) in this Section refer to Trailer-Mounted and Pedestal- Mounted Portable Traffic Control Signals. Page 12 of 16 6.1.2. Mn/DOT will only purchase Portable Traffic Control Signals (PTCS) that are on Mn/DOT's qualified products list. Contractors can view and obtain information regarding Mn/DOT’s qualified product list and evaluation process at Mn/DOT’s Traffic Engineering’s website. http://www.dot.state.mn.us/products/index.html 6.1.3. The Contractor must ensure equipment meets all current Federal and Minnesota safety codes. All equipment offered must meet the applicable standards and specifications prescribed in Part 4 of the current Minnesota Manual on Uniform Traffic Control Devices and the applicable provisions of Minnesota Department of Transportation (Mn/DOT) 2565, Mn/DOT 3834 and Mn/DOT Light Emitting Diode (LED) 12- and 8-Inch Ball Traffic Control Signal Indication Specifications, except as specifically provided otherwise in this document. View at: http://www.dot.state.mn.us/trafficeng/publ/mutcd/index.html. 6.1.4. All equipment offered must meet Institute of Transportation Engineers (ITE) LED requirements for: 6.1.4.1. Photometric 6.1.4.2. Colorimetric 6.1.4.3. Environmental 6.1.5. All equipment offered must meet the physical display requirements of conventional traffic signals as specified in Part 4 of the current Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD), and Mn/DOT specifications 2565 and 3834. Signal Heads must be cast aluminum or polycarbonate. All PTCS heads must have three 12-inch LED indications conforming to Mn/DOT LED 12- and 8-Inch Ball Traffic Control Signal Indication Specification. If polycarbonate signal heads are used, they must conform to MN/DOT Polycarbonate Signal Head Specification without Indications as specified in the Mn/DOT Approved Product List. 6.1.6. Signal Indications must be vertically arranged. 6.1.7. PTCS must have background shields and visors. 6.1.8. PTCS must be equipped with operating system having the NEMA TS1 or TS2 Standard capabilities. It must have the capabilities of being operated in a fixed time, actuated and/or manual mode. 6.1.9. PTCS must be capable of operating independently in the fixed time mode (each PTCS by itself). 6.1.10. PTCS must communicate between signals via hardwire connection and/or wireless radio link communication when operated in the actuation or manual mode. If the hardwire communication is utilized, the communication cable must be deployed in a manner that will not intrude in the direct work area of the project or obstruct vehicular and pedestrian traffic. If the radio link communication option is utilized, the radio system must conform to Federal Communication Commission requirements and all applicable State and Local requirements. 6.1.11. PTCS must be capable of accommodating a pre-emption request which provides a priority green phase in the direction of approaching emergency vehicles. 6.1.12. PTCS must be equipped with diagnostic capabilities in the event of a system default. 6.1.13. PTCS must have a self-contained primary power source. The primary source of power must have sufficient capacity to operate the unit for at least 10 days continuously without external recharge and must be continuously operational as needed for a project. 6.1.14. PTCS must be constructed or equipped for legal transport on public highway system and must be able to travel at posted highway speeds. 6.1.15. The PTCS must be structurally stable, and all connections must conform with current AISC (American Institute of Steel Construction) standards. 6.1.16. PTCS must be equipped with stabilizing and leveling devices. Page 13 of 16 6.1.17. Each unit must be supplied with one set of parts, service, and operations manuals as well as a complete wiring diagram. 6.1.18. The Contractor must give adequate orientation in setup, operation, safety and maintenance of supplied equipment at delivery site, before the purchase will be considered complete. 6.1.19. The Contractor must furnish a minimum 3-year manufacturer’s warranty. The Contractor must be responsible for the cost of any inspections, adjustments, parts, labor, travel, pickup and/or delivery charges that are a result of equipment failure(s) during the warranty period. This must be performed without any delay. This warranty must commence when the unit is put into service. The Contractor must state warranty for all items requested on the pricing page. 6.2. TRAILER-MOUNTED PORTABLE TRAFFIC CONTROL SIGNAL (PTCS) REQUIREMENTS 6.2.1. Trailer Mounted Portable Traffic Control Signal in this section is defined as those Portable Traffic Control Signals (PTCS) that have a mast arm with one signal head mounted vertically on the upright and with one or more signal head(s) mounted vertically on the mast arm. 6.2.2. PTCS must meet all the requirements listed in the 6.1 General Requirements section, as well as requirements listed in this section of this specification. 6.2.3. PTCS must be mounted with the centers of the signal heads at least 8 feet apart. The bottom of the signal housing (including brackets) of a signal face not located over a roadway must be at least 8 feet but not more than 19 feet above the sidewalk or, if there is no sidewalk, above the pavement grade at the center of the roadway. The bottom of the signal housing and any related attachments to signal face located over a roadway must be at least 17 feet and no more than19 feet above the pavement. The top of the signal housing of a signal face located over a roadway shall not be more than 25.6 feet above the pavement. 6.2.4. PTCS shall be able to withstand a 90mph wind speed in operating mode per AASHTO (2001) Standard Specification for Highway Signs, Luminaries and Traffic Signals. A proof of conformance shall be provided to Mn/DOT. 6.2.5. PTCS shall have four (4) 2” X 72” long sections of Reflective Vehicle Conspicuity Tape located on the trailer, such that it is completely visible from all four directions. 6.3. PEDESTAL-MOUNTED PORTABLE TRAFFIC CONTROL SIGNAL (PTCS) REQUIREMENTS 6.3.1. Pedestal Mounted Portable Traffic Control Signal in this section is defined as those Portable Traffic Control Signals (PTCS) with pedestal and vertical upright mounted signal heads. 6.3.2. PTCS must meet all the requirements listed in 6.1 General Requirements section, as well as requirements listed in this section of this specification. 6.3.3. The bottom of the signal housing (including brackets) of a signal face not located over a roadway must be at least 8 feet but not more than 19 feet above the sidewalk or, if there is no sidewalk, above the pavement grade at the center of the roadway. Any part of the device located over a roadway must be at least 17 feet above the pavement. 6.3.4. PTCS must be able to withstand a 60-mph wind speed in operating mode. A proof of conformance must be provided to Mn/DOT. 6.3.5. PTCS must have four (4) 2” X 72” long sections of Reflective Vehicle Conspicuity Tape located on the trailer, such that it is completely visible from all four directions. 6.4. PORTABLE TRAFFIC CONTROL SIGNAL (PTCS) TRAILER REQUIREMENTS 6.4.1. Deck must be constructed to be structurally adequate to serve both as a carrier of, and as an operation platform for, all components of the PTCS. Page 14 of 16 6.4.2. Trailer must be designed for unlimited highway travel. 6.4.3. Tire size must be the largest available (minimum 13"). 6.4.4. Trailer must have heavy-duty fenders. 6.4.5. Trailer must be equipped with electric brakes if required by State and Federal standards. 6.4.6. The trailer must be equipped with a lighting system consisting of taillights, stoplights, and turn signal lights along with the required reflectors. All lights must be protected. 6.4.7. Trailer wiring must be protected against weather and damage. 6.4.8. The Contractor must provide an optional light hook-up capable of being connected to a Mn/DOT truck with a standard ICC 7-pin connector and be compatible with Mn/DOT’s wiring pattern (per attached MnDOT wiring diagram). 6.4.9. Hitch must have screw jack, with locking pin, that rotates for transporting. 6.4.10. Contractor must have four screw jacks with locking pins for leveling the trailer deck. 7. SPECIFICATION 7.0 MOBILE TRAILERS 7.1. MOBILE TRAILER UNIT REQUIREMENTS 7.1.1. For purposes of this section, mobile trailers may include, but are not limited to: Speed Trailers, Radar Trailers, CCTV Trailers, Traffic Detection Sensors, Cell Modems, or any other Traffic Control/Traffic Monitoring equipped trailers. 7.1.2. Mn/DOT will only purchase items that are on Mn/DOT's qualified products list. Other entities/CPVs are not limited to this list. Contractors can view and obtain information regarding Mn/DOT’s qualified product list and evaluation process at Mn/DOT’s Traffic Engineering website. http://www.dot.state.mn.us/products/index.html 7.1.3. The Contractor must ensure equipment meets all current Federal and Minnesota safety codes, as well as the requirements of the Manual on Uniform Traffic Control Devices (MUTCD). View at: http://www.dot.state.mn.us/trafficeng/publ/mutcd/index.html 7.1.4. The mobile trailer system must not overturn or change orientation when it is either fully deployed and raised (sign face parallel to axle) or in the transport position (sign face perpendicular to axle). This must be based on a 3 second wind gust speed of 72 M.P.H., directed to the front face or rear wall of display (NEMA standards). 7.1.5. The electrical system must be protected from weather and damage. 7.1.6. All Boxes must be weather protected with sealed touch membrane switches or enclosed in a sealed compartment. Panel must indicate switch choices and/or positions. 7.1.7. Solar-charging systems must be sufficient to operate in Minnesota without external charging. 7.1.8. The Contractor must offer all options associated with trailer/system. 7.1.9. Manufacturer’s standard color is acceptable. The paint must be lead free. 7.1.10. Each unit must be supplied with one set of parts, service, and operations manuals, as well as a complete wiring diagram. 7.1.11. The Contractor must give adequate orientation in mounting and removal, operation, safety and maintenance of supplied equipment at delivery site, before the purchase will be considered complete. Page 15 of 16 7.1.12. The Contractor must furnish a standard manufacturer’s warranty. The Contractor must be responsible for the cost of any inspections, adjustments, parts, labor, travel, pickup and/or delivery charges that are a result of equipment failure(s) during the warranty period. This must be performed without any delay. This warranty must commence when the unit is put into service. The Contractor must state warranty for all items requested on the pricing page. 7.2. TRAILER REQUIREMENTS 7.2.1. Deck must be constructed to be structurally adequate to serve both as a carrier of, and as an operation platform for, all components. 7.2.2. Trailer must be designed for unlimited highway travel. 7.2.3. Tire size must be largest available (13” minimum). 7.2.4. Trailer must have heavy-duty fenders. 7.2.5. Trailer must be equipped with electric brakes if required by State and Federal standards. 7.2.6. Trailer must have lighting that meets FMVSS 108. 7.2.7. Trailer wiring must be protected against weather and damage. 7.2.8. The Contractor must provide an optional light hook-up capable of being connected to a Mn/DOT truck with a standard ICC 7-pin connector and be compatible with Mn/DOT’s wiring pattern (per attached Mn/DOT wiring diagram). 7.2.9. Hitch must have a screw jack that rotates for transporting. 7.2.10. Unit must have outrigger-type jacks or sliding legs with locking pins for leveling the trailer deck. 8. MNDOT CUSTOM SIGN TRAILERS - This product is being removed from this contract and will be managed directly by a separate contract RFP process solicited and issued by MNDOT. REVISIONS. 12/01/2024 All Contracts except American Signal are extended through November 30, 2025. For Energy Absorption Systems, Inc., and Contract No. 202190, Intelicom Inc., DBA LITESYS®, Incorporated Contract No. 202191, the pricing will unchanged. For the AMKA Contract No. 202189. Street Smart Contract No. 202192, and Warning Lites of MN Inc. Contract No. 202193, the pricing is updated. All other terms, conditions, and specifications remain the same. American Signal Contract No. 202185 will not be extended. 2/23/2024 For Street Smart Contract 202192, the following items are added to the contract. All other prices, terms, conditions, and specifications remain the same. For Street Smart Rental, LLC Contract No. 202192 and Warning Lites of MN Inc. Contract No. 202193, the pricing is updated. • Wanco | WLTT-4LM4K | Compact diesel light tower, Mitsubishi L2E engine, 350W LEDs, 4kW genset • Wanco | WLTT-4LK106K | Compact diesel light tower, Kubota D-1005 engine,350W LEDs, 6kW gen set 12/01/2023 Contracts are extended through November 30, 2024. For AMKA Contract No. 202189 pricing remains the same. For American Signal Company Contract No. 202185, Energy Absorption Systems, Inc. Contract No. 202190, Intelicom Inc., DBA LITESYS®, Incorporated Contract No. 202191, Street Smart Rental, LLC Contract No. 202192 and Warning Lites of MN Inc. Contract No. 202193, the pricing is updated. All other terms, conditions and specifications remain the same. 04/05/2023 For Warning Lites Contract No. 202193, the contact info is updated. 02/28/2023 For Energy Absorption Contract No. 202190, the contact email addresses have been updated. 12/27/2022 For Street Smart Contract 202192, the following items are added to the contract. All other pries, terms, conditions and specifications remain the same. Page 16 of 16 SAFETY TECHNOLOGIES | AF-54 | AF-54 AUTOFLAGGER SAFETY TECHNOLOGIES | AF-67X | AUTOFLAGGER AF-76X 10/04/2022 For Warning Lites Contract No. 202193, the Addco Price Schedule is replaced with Addco Price Schedule dated 10/04/2022. All other pricing, terms, conditions and specifications remain the same. 04/08/2022 For Street Smart Contract 202192, the following items are added to the contract. All other prices, terms, conditions, and specifications remain the same. 12/17/2021 For Street Smart Contract 202192, the following items are added to the contract. All other pries, terms, conditions and specifications remain the same. Ver-Mac | PSLT-6000 | 6,000 Lumen LED Portable Solar Light Tower Trailer (6 LED Fixtures, 26' Mast, 1,000 watt Solar) Ver-Mac | PSLT-4000S | 4,0000 Lumen LED Portable Solar Light Tower Trailer (4 LED Fixtures, 20' Mast, 600 watt Solar) Ver-Mac | PSLT-4000S-SL | Portable Solar Street Light Trailer (1 Street Light, 20' Mast, 300 watt Solar) Ver-Mac | PSLT-4000-SL | Portable Solar Street Light Trailer (1 Street Light, 26' Mast, 450 watt Solar) Ver-Mac | PPL-1000 | Portable Presence Light (1 LED fixture w/balloon canopy, 14' Mast) Ver-Mac | PTL-1000 | Portable Target Light (1 LED fixture, 14' Mast) Street Smart Rentals, LLC 6811 137th Ave NEColumbus, MN 55025    PREPARED FOR Jake Sandvig Eden Prairie, City of 952-949-8534 jsandvig@edenprairie.org     Sale Quote     Quote #Q-46412-2 Date 12/18/2024 Expires On 4/4/2025 Rep Name Ryan Kilpatrick Rep Phone (612) 597-5547 Rep Email rkilpatrick@streetsmartrental.com Billing Address  Shipping/Pick Up Address Eden Prairie, City of 8080 Mitchell RoadEden Prairie, MN 55344  Eden Prairie, City of 15150 Technology DriveEden Prairie, MN 55344   Pricing provided on this quote is valid for up to 30 days after the printed date.  Thank you for your business! PRODUCT CODE DESCRIPTION QTY UNIT PRICE TOTAL PCMS-1500-PRO G3 Full Matrix 3-Line Message Sign CMS 2 $21,643.00 $43,286.00 OPT-7-PIN-RV 7-Pin Flat RV Plug 2 $0.00 $0.00 OPT-3-PINTLE-EYE 3" Pintle Eye Hitch 2 $0.00 $0.00 OPT-MS-STEALTH CHARGER 15-Amp Charger for Stealth Batteries 2 $371.00 $742.00 Subtotal*$44,028.00 Est. Freight*$500.00 Total*$44,528.00 *Totals do not include Tax.  Taxes are applied on invoices if your account is not exempt. This quote and any attachments originated from Street Smart Rentals, LLC may contain information that is proprietary, privileged client communications, or workproduct. If you are not the intended recipient, you are not authorized to read, retain, or distribute this information. If you received this in error, please notify the senderimmediately and delete all copies. Page 1 of 2 Notes Quoting:(1) VM PCMS-1500 PRO**OPTIONAL - Tilt & Rotate $371**** This and all of our equipment can be purchased directly off of MN State Equipment Contract A-210(5) - Contract No. 202192**   Terms and Conditions To accept this quote and terms outlined above, sign and date, and return.   Eden Prairie, City of  Signature\sig\signature1 {"size":"medium"}\ csvisible=1&       Print Name\n1 {"size":"small"}\     Date\d1 {"size":"small"}\      PO Number\wb1 {"apiName":"PO_Number__c","textsize":"small"}\   This quote and any attachments originated from Street Smart Rentals, LLC may contain information that is proprietary, privileged client communications, or workproduct. If you are not the intended recipient, you are not authorized to read, retain, or distribute this information. If you received this in error, please notify the senderimmediately and delete all copies. Page 2 of 2 Street Smart Rentals, LLC 6811 137th Ave NEColumbus, MN 55025    PREPARED FOR Jake Sandvig Eden Prairie, City of 952-949-8534 jsandvig@edenprairie.org     Sale Quote     Quote #Q-46412-2 Date 12/18/2024 Expires On 4/4/2025 Rep Name Ryan Kilpatrick Rep Phone (612) 597-5547 Rep Email rkilpatrick@streetsmartrental.com Billing Address  Shipping/Pick Up Address Eden Prairie, City of 8080 Mitchell RoadEden Prairie, MN 55344  Eden Prairie, City of 15150 Technology DriveEden Prairie, MN 55344   Pricing provided on this quote is valid for up to 30 days after the printed date.  Thank you for your business! PRODUCT CODE DESCRIPTION QTY UNIT PRICE TOTAL PCMS-1500-PRO G3 Full Matrix 3-Line Message Sign CMS 2 $21,643.00 $43,286.00 OPT-7-PIN-RV 7-Pin Flat RV Plug 2 $0.00 $0.00 OPT-3-PINTLE-EYE 3" Pintle Eye Hitch 2 $0.00 $0.00 OPT-MS-STEALTH CHARGER 15-Amp Charger for Stealth Batteries 2 $371.00 $742.00 Subtotal*$44,028.00 Est. Freight*$500.00 Total*$44,528.00 *Totals do not include Tax.  Taxes are applied on invoices if your account is not exempt. This quote and any attachments originated from Street Smart Rentals, LLC may contain information that is proprietary, privileged client communications, or workproduct. If you are not the intended recipient, you are not authorized to read, retain, or distribute this information. If you received this in error, please notify the senderimmediately and delete all copies. Page 1 of 2 Notes Quoting:(1) VM PCMS-1500 PRO**OPTIONAL - Tilt & Rotate $371**** This and all of our equipment can be purchased directly off of MN State Equipment Contract A-210(5) - Contract No. 202192**   Terms and Conditions To accept this quote and terms outlined above, sign and date, and return.   Eden Prairie, City of  Signature\sig\signature1 {"size":"medium"}\ csvisible=1&       Print Name\n1 {"size":"small"}\     Date\d1 {"size":"small"}\      PO Number\wb1 {"apiName":"PO_Number__c","textsize":"small"}\   This quote and any attachments originated from Street Smart Rentals, LLC may contain information that is proprietary, privileged client communications, or workproduct. If you are not the intended recipient, you are not authorized to read, retain, or distribute this information. If you received this in error, please notify the senderimmediately and delete all copies. Page 2 of 2 City Council Agenda Cover Memo Date: Section: Jan. 7, 2025 Consent Calendar Item Number: VIII.S. Department: Information Technology ITEM DESCRIPTION Avolve upgrade ePlan Review to Software as a Service (SaaS). REQUESTED ACTION Move to: Approve to upgrade electronic plan review software for a cost of $60,450. SUMMARY Various city divisions including Building Inspections, Planning, Fire, Engineering, Assessing and others currently use Avolve ePlan Review software for electronic plan reviews for building and planning projects. The current version of the software includes functionality for markup of documents using Brava viewer, which will become obsolete at the end of 2024. It is required for the city to upgrade this software to the next version to ensure continued support for markup functionality. Other advantages include moving from Logis hosted environment to Avolve hosted environment, which includes hardware maintenance, and software upgrades. ATTACHMENTS Avolve agreement including Sales order as Exhibit A. (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the _____day of______________, 2024, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Avolve Software Corporation, a Delaware corporation (hereinafter “Vendor”) whose business address is 21001 N Tatum Blvd. Suite 1630-503, Phoenix, AZ 85054. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of Avolve SAAS Solution and Professional Services (as both such terms are defined in the Avolve Software as a Services Agreement (the “SAAS Agreement”) attached in Exhibit A to this Contract) by Vendor, such use rights to the Avolve SAAS Solution and the Professional Services will be referred to as the “Work”. The City and Vendor agree as follows: 1.Scope of Work. The Vendor agrees to provide, perform and complete all the provisions ofthe Work in accordance with attached Exhibit A, which is incorporated herein by reference inits entirety. In the case of a conflict between the terms set forth in the main body of this Contract and those set forth in any part of Exhibit A, the terms set forth in the main body ofthis Contract will control. 2.Term of Contract. While time is not of the essence, the parties will work together in good faith with the goal that all Work under this Contract shall be provided, performed and/or completed in accordance with the project timeline as set forth in in the SOW attached in Exhibit A. This Contract will automatically renew for successive twelve (12) month terms asdescribed in and subject to the provisions of the SAAS Agreement. 3.Compensation for Services. For the Initial Term (12 months), City agrees to pay the Vendor a fixed sum of $60,450.00 with total payments not to exceed $60,450.00 as full andcomplete payment for the Work rendered pursuant to this Contract and as described inExhibit A. Compensation for renewal terms will be as set forth in the SAAS Agreement. 4.Method of Payment. Vendor shall prepare and submit to City itemized invoices setting forth Work performed under this Contract in accordance with Section C (General Terms and Conditions) of the SAAS Agreement. Invoices submitted shall be paid in the same manneras other claims made to the City, consistent with Section C. By making the claim forpayment, the person making the claim is declaring that the account, claim, or demand is justand correct and that no part of it has been paid. Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 7 5. Staffing. The Vendor has designated _________________________to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replacethe designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6.Professional Services Warranty. Vendor shall provide the Professional Services inaccordance in all material respects with the specifications set forth in the applicable SOW. If City believes any Professional Services are not performed in accordance with this warranty, City must notify the Vendor within thirty (30) days of completion of the allegedly defective Professional Service. For all timely reported and verified defective ProfessionalServices, as Vendor’s sole liability and City’s sole remedy, Vendor shall either reperform thedefective Professional Service at no additional cost to City or, if reperformance is notreasonably possible, refund the amount paid by City for the defective Professional Services. 7. Insurance.a.General Liability. Vendor shall maintain a general liability insurance policy withlimits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as willprotect Vendor from claims under the Worker's Compensation Acts and from claimsfor bodily injury, death, or property damage which may arise from the performance ofVendor’s services under this Contract. c.Comprehensive Automobile Liability. Vendor shall maintain comprehensiveautomobile liability insurance with a $1,000,000 combined single limit each accident(shall include coverage for all owned, hired and non-owed vehicles.) 8.Indemnification. Vendor will defend City, its officers, agents, and employees from and against all judgments and claims, and indemnify the same from all damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or forwhich it may be liable for death, bodily injury or damage to real property to the extent suchare resulting directly from any breach of this Contract by Vendor, its agents, contractors andemployees; or any grossly negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to thisContract. City will indemnify and hold Vendor harmless from and against any loss forinjuries or damages arising out of the negligent acts of the City, its officers, agents oremployees. The indemnification obligations set forth in this section are in addition to and without prejudice to the indemnification obligations set forth in the SAAS Agreement. 9.Warranty. In addition to the Professional Services warranty set forth in Section 6, thewarranties, disclaimers, and limitations of liability set forth in the SAAS Agreement apply tothis Contract. 10.Termination. This Contract may be terminated by either party in accordance with the SAASAgreement. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 7 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the Professional Services to be provided under this Contract solely and exclusively for City; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City; provided, however, that Vendor may assign this Contract in whole without the City’s prior consent to any person or entity that is a successor to all or substantially all of Vendor’s business, whether such change of control occurs by sale of assets, securities, merger, operation of law or otherwise. 13. Work Not Provided For. No claim for Work furnished by Vendor not specifically provided for in Exhibit A or otherwise approved in advance in a written amendment or statement of work shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Except as set forth in Section 12 above, neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In performing their respective obligations hereunder, each party shall abide by statutes, ordinances, rules, and regulations applicable to such party. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, except in the case of intentional misconduct, gross negligence, and breach of confidentiality, security or intellectual property provisions, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 7 enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts with any subcontractors hired to provide Professional Services unique and exclusive for the City, and will require all such City exclusive subcontractors to incorporate such requirements in all subcontracts for City exclusive subcontracted Work. The Vendor and City each 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 applicable to each. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. Except where expressly set forth otherwise herein or in the SAAS Agreement, the duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 7 26 Intentionally omitted. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this Contract. b. Data Practices. Any Customer Data (as defined in the SAAS Agreement) which the City requests to be kept confidential, shall not be made available by Vendor 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”). To the extent applicable to each party, City and Vendor must comply with the MGDPA as it applies to Customer Data. Vendor is providing under this Contract access and use rights to a SAAS solution, which will be used by the City and its authorized users in City’s performance of City’s functions. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Ranju Ravikumar Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 7 Its: _______________________________ CFO Standard Contract for Goods and Services (rev. 6/2024) Page 7 of 7 EXHIBIT A Quote/Proposal/Scope of Work 06112024 Page 1 of 34 EXHIBIT A to Contract for Goods and Services between Avolve and City of Eden Prairie, MN AVOLVE SOFTWARE SALES ORDER ProjectDox SaaS Agreement After signing this Avolve Software Order From (“Software Sales Order”), please either mail to Avolve Software Corporation, 21001 N Tatum Blvd. Suite 1630-503 Phoenix, Arizona 85050, or e-mail scanned image to pgosselin@avolvesoftware.com Order Date: CUSTOMER INFORMATION Customer Name: Eden Prairie, MN Customer Mailing Address: 8080 Mitchell Road City: Eden Prairie State: MN Zip: 55344 CUSTOMER CONTACTS PRIMARY SECONDARY Name: Aditi Salunke Phone: 952-949-8520 E-mail: asalunke@edenprairie.org Name: Phone: E-mail: Licenses and Services Fees* ProjectDox Named User SaaS (annual payment) $42,450.00 Implementation Services $18,000.00 Total Fees: $60,450.00 Total Fees Invoiced on Signing: $60,450.00 * See Quote and/or relevant Schedules for details concerning fees. Fees do not include applicable sales, with holdings or value-added taxes. All fees are in United States Dollars. Authorized Business Unit(s): City of Eden Prairie, MN Initial Payment Term): 12 months from contract execution. License Term: One year, with payment made yearly in the amount set forth above for Subscription Fees Payment Method: EFT 06112024 Page 2 of 34 Schedules: The following Schedules are hereby incorporated by reference into this Software Sales Order. Schedule A General Terms and Conditions Schedule B Statement of work for ProjectDox Implementation Signature IN WITNESS WHEREOF, the parties hereto, each by a duly authorized representative, have executed this Software Sales Order as of the Order Date first set forth above: Avolve Software Corporation Customer: Eden Prairie, MN Signature: Signature: Printed: Printed: Title: Title: Date: Date: Ranju Ravikumar CFO 12/27/2024 06112024 Page 3 of 34 AVOLVE SOFTWARE CORPORATION Software as a Services Agreement This agreement (“Agreement”) is made this _____________ ________ (“Effective Date”) by and between Avolve Software Corporation, a Delaware corporation with offices at 21001 N Tatum Blvd. Suite 1630-503 Phoenix, Arizona 85050, United States of America, (“Avolve” or “Services Provider”) and the City of Eden Prairie, MN, a Minnesota municipal corporation with offices at 8080 Mitchell Road, Eden Prairie, Minnesota 55344 (“Customer”). WHEREAS Avolve offers remotely hosted subscription, software-as-a-service access (on hardware owned or operated on behalf of Avolve by a third party hosting service provider such as Microsoft Corporation) to Avolve’s software (collectively, such hosted electronic plan review and project information management, collaboration and review system, including all software applications, application program interfaces, modules, databases, hardware, infrastructure, documentation and system administration, management and monitoring activities that Avolve provides for the software shall be referred to herein as the “Avolve SAAS Solution”); WHEREAS Avolve provides professional services (“Professional Services”) to assist customers with among other things, implementation of the Avolve SAAS Solution and training; WHEREAS the Customer desires to purchase use rights for the Avolve SAAS Solution and related Professional Services (the “Initial Purchase”) from Avolve; and WHEREAS Avolve and Customer now desire to provide the terms and conditions under which Avolve will provide the Initial Purchase to Customer, as well provide the terms and conditions for the Customer to purchase other Professional Services from Avolve; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth herein, Avolve and Customer agree as follows. SECTION A. – AVOLVE SAAS SOLUTION 1. Avolve SAAS Solution. a. Use Rights. Subject to Customer’s compliance with all the terms and conditions of this Agreement, Avolve grants to Customer a non-exclusive, non-transferable, non- sublicensable right) to permit Users to use the Avolve SAAS Solution identified in the Implementation SOW for Customer’s internal business operations, solely for the Customer’s Building, Planning, and Community Development departments for a the Term, calculated from the Effective Date (the “Term”). Promptly following the Effective Date, subject to Customer timely providing all information reasonably requested by Avolve in writing, Avolve will set-up an instance of the Avolve SAAS Solution and provide system log-in access to the Customer’s designated resource User. Customer acknowledges that failure to timely respond to Avolve’s requests may result in a delay in set-up and covenants to timely provide all reasonably requested information. As used in this Agreement, “User” means authorized Customer employees and third parties that require access to the Avolve SAAS Solution in connection with the Customer’s internal business operations, such as the Customer’s administrators, contractors, reviewers, and applicants. There may be different types/levels of Users for the Avolve SAAS Solution, such as administrator Users, if so identified in the Implementation SOW. 06112024 Page 4 of 34 b. Storage. The Avolve SAAS Solution will include for the Term the amount of storage set forth in the Implementation SOW. Customer acknowledges that should Customer exceed the included storage limits after Avolve has sent notice to Customer in accordance with Avolve's then-current standard storage limits and data backup practices (available upon request), additional charges will be incurred by Customer. Avolve shall invoice Customer for any such additional incurred charges, and Customer shall pay such invoices, in accordance with Section C of this Agreement. Avolve may, in its sole discretion, modify the amount of standard storage included at no additional charge with the Avolve SAAS Solution, with such modification to become effective upon the effective date of any renewal term provided that Avolve provides Customer written notice of such modification at least ninety days in advance of the expiration of the then-current Term. c. Restrictions on Use. Customer will not, and will ensure that its Users do not: (i) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, host or transmit in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, any part of Avolve SAAS Solution or any other Avolve materials; (ii) use the Avolve SAAS Solution or any other Avolve materials to provide services to third parties (e.g., business process outsourcing, service bureau applications or third party training); (ii) assign, sublicense, sell, lease, loan, resell, sublicense or otherwise distribute or transfer or convey the Avolve SAAS Solution or any other Avolve materials, or pledge as security or otherwise encumber Customer’s rights under this Agreement; (iii) make any use of or perform any acts with respect to the Avolve SAAS Solution or any other Avolve materials other than as expressly permitted in accordance with the terms of this Agreement; or (iv) use the Avolve SAAS Solution components other than those specifically identified in the Implementation SOW and then only as part of Avolve SAAS Solution as a whole, even if it is also technically possible for Customer to access other Avolve SAAS Solution components; or (v) modify, further develop or create any derivative works of, disassemble, decompile, reverse engineer or otherwise attempt to obtain or perceive the source code from which any part of Avolve SAAS Solution is compiled or interpreted, or access or use Avolve SAAS Solution in order to build a similar or competitive product or service; (vi) allow use of the Avolve SAAS Solution or any other Avolve materials by anyone other than authorized Users; (vii) publish any results of benchmark tests run on Avolve SAAS Solution; (viii) unless otherwise expressly authorized in writing by Avolve, use the Avolve SAAS Solution in connection with any software product or tools, or any other software as a service not provided by Avolve; and (ix) input, upload, transmit or otherwise provide to or through Avolve SAAS Solution or any systems used by Avolve anything that is unlawful, injurious, or contains, transmits or activates any harmful code. Customer acknowledges that nothing herein will be construed to grant Customer any right to obtain or use the source code from which Avolve SAAS Solution is delivered. Customer shall not tamper with or attempt to disable any security device or protection used by Avolve SAAS Solution or any other Avolve materials, nor shall Customer damage, destroy, disrupt or otherwise impede or harm in any manner the Avolve SAAS Solution or any systems used by Avolve. Customer agrees to take all commercially reasonable steps to ensure that Users abide 06112024 Page 5 of 34 by the terms of this Agreement and expressly agrees to indemnify Avolve, its officers, employees, agents and subcontractors from and against all claims, liabilities, losses, damages and costs (including reasonable attorney fees) suffered by Avolve arising from a breach by the User of the conditions of this Agreement. d. High-Risk Activities. The Avolve SAAS Solution is not fault-tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapons systems, in which the failure of the Avolve SAAS Solution or derived binaries could lead directly to death, personal injury, or severe physical or environmental damage. The Avolve SAAS Solution is also not designed or intended for use with Federal Tax Information (FTI) as defined in the Internal Revenue Service Publication 1075 (IRS 1075) or criminal justice information ("CJI"), such as fingerprint records and criminal histories. Customer shall not use the Avolve SAAS Solution for any of these high-risk activities, including without limitation transmitting, storing or otherwise processing any FTI or CJI with the Avolve SAAS Solution. e. Project Administrator. Customer agrees, if not already designed in the Implementation SOW, to promptly designate in writing one person to be the Customer’s point person responsible for all communications with Avolve (the Customer’s “Project Administrator”). The Project Administrator is responsible for project administration duties as documented in the Avolve systems guides, statements of work, and documentation (collectively, the “Documentation”), as provided for time to time by Avolve to Customer. f. Customer Connection. During the Term, the Customer is responsible for obtaining and maintaining connection to the Avolve SAAS Solution, including the Internet connection. Avolve shall not be responsible for any inadequacy or lack of functionality of Customer’s connection to the Avolve SAAS Solution or the inability of the Customer’s computer, telecommunications provider, or other equipment and capabilities to access or use the Avolve SAAS Solution. g. Third Party Service Providers and Components. Notwithstanding anything to the contrary in this Agreement or any other documents between Avolve and Customer, Customer acknowledges and agrees that the Avolve SAAS Solution and its component parts are protected by copyright and other propriety rights of Avolve and one or more third party software vendors (including Oracle and Open Text Corporation (“OTC”), all such third party vendors, including without limitation Oracle and OTC, shall be referred to herein as “third party vendors” or “third party software vendors”). Customer may be held directly responsible by such third party vendors for acts relating to the Avolve SAAS Solution component parts that are not authorized by this Agreement. Customer’s use of such third party software is limited to only in conjunction with Avolve SAAS Solution and Customer acknowledges that it is not allowed to modify such third party software or use it independent from Avolve SAAS Solution. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CUSTOMER WAIVES, AND 06112024 Page 6 of 34 WILL CAUSE ITS USERS TO WAIVE, ALL CLAIMS AND CAUSES OF ACTION AGAINST SUCH THIRD PARTY SOFTWARE VENDORS THAT ARISE UNDER THIS AGREEMENT. h. Compatibility Updates. Avolve will make commercially reasonable efforts to update the Avolve SAAS Solution, if and as required, to cause it to operate under new versions or releases of current operating systems and internet browsers, within fifteen (15) months of general availability. i. Passwords, Access. Customer may designate and add Users and shall provide and assign unique passwords and user names to each authorized User pursuant to Avolve’s then-current protocols. At Avolve’s discretion, Users may be added either by Avolve or directly by Customer. Customer shall ensure that multiple Users do not share a password or user name. Customer further acknowledges and agrees that it is prohibited from sharing passwords and/or user names with unauthorized users. Customer will be responsible for the confidentiality and use of its User’s passwords and user names. Avolve will act as though any electronic communications it receives under such passwords, user names, and/or account numbers have been sent by Customer. Customer agrees to immediately notify Avolve if it becomes aware of any loss or theft or unauthorized use of any of passwords, user names, and/or account numbers. Customer agrees not to access Avolve Cloud by any means other than through the interfaces that are provided by Avolve. j. Transmission Of Data. Customer understands that the technical processing and transmission of Customer Data is necessary to use of the Avolve SAAS Solution, and consent to Avolve’s interception and storage of Customer Data. Customer understands that its Users or Avolve may be transmitting Customer Data over the Internet, and over various networks, only part of which may be owned by Avolve. Avolve is not responsible for any portions of Customer Data that are lost, altered, intercepted or stored without authorization during the transmission of Customer Data across networks not owned by Avolve. k. Customer Responsibilities. Customer will (a) be responsible for Users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Customer Data and the means by which it acquired Customer Data, (c) be responsible for cooperating and assisting Avolve as reasonably requested by Avolve to facilitate performance of its obligations and exercising of its rights under this Agreement, (d) use the Avolve SAAS Solution and any other materials provided by Avolve only in accordance with the Documentation and applicable laws and government regulations, including complying with all applicable legal requirements regarding privacy and data protection so as to not violate the intellectual property, privacy or any other rights of any third parties, and (e) use commercially reasonable efforts to prevent any security breach, including any unauthorized access to or use of the Avolve SAAS Solution. Should Customer become aware of any actual or threated security breach, Customer shall promptly notify Avolve and take all reasonable and lawful measures within its control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized 06112024 Page 7 of 34 access to the Avolve SAAS Solution). Customer shall provide sufficient notice to, and obtain sufficient consent from, its Users and any other party providing personal data to Avolve and its suppliers (including the Microsoft Corporation) to permit the processing of data by Avolve and its supplier, and their respective affiliates, subsidiaries, and service providers solely to the extent such processing of data is expressly allowed for under this Agreement, including for the purpose of disclosing it to law enforcement or other governmental authorities as directed by Avolve solely to the extent Avolve is required to do so by law, or otherwise mutually agreed to in writing by the parties. l. Data Backup. The Avolve SAAS Solution is programmed to perform data backups of Customer Data stored within the Avolve SAAS Solution in accordance with Avolve's then-current standard storage limits and data backup practices (available upon request). Additional data backups may be purchased for an additional fee from Avolve and such additional data backup services shall be documented in an SOW pursuant to Section B of this Agreement. In the event of any loss, destruction, damage or corruption of Customer Data caused by Avolve or the Avolve SAAS Solution, Avolve, as its sole obligation and liability and as Customer’s sole remedy, will use commercially reasonable efforts to restore Customer Data from Avolve’s most current backup of Customer Data. m. Ownership. Customer acknowledges and agrees that Avolve owns all right, title, and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the Avolve SAAS Solution and any suggestions, enhancements requests, feedback, recommendations or other information provided by Customer or any of its Users related to the Avolve SAAS Solution. Customer’s use rights to the Avolve SAAS Solution and the related materials supplied by Avolve pursuant to this Agreement are strictly limited to the right to use the proprietary rights in accordance with the terms of this Agreement. No right of ownership, expressed or implied, is granted under this Agreement. 2. Security. The security, privacy and data protection commitments set forth in this Agreement only apply to products and services provided by Avolve directly to Customer and do not include any products or services resold by Avolve hereunder, including any hosting services provided by Microsoft Corporation pursuant to the Customer's Microsoft Customer Agreement. a. Security Program. Avolve has implemented and maintains an information security program that incorporates administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the Customer Data provided by Customer and its Users to Avolve in accordance with this Agreement. b. Annual Audit. Avolve will use commercially reasonable efforts to conduct an annual security audit of Avolve using an independent third party selected by Avolve. Upon the Customer’s written request, a copy of the final report from any such audit shall be promptly provided the Customer. The Customer agrees that any such reports or other information provided to Customer concerning any audit shall be the Confidential Information of Avolve. 06112024 Page 8 of 34 c. Security Breach. Avolve will notify Customer promptly and in no event later than one (1) business day following Avolve’s discovery of a Data Security Breach (defined below) and shall (i) undertake a reasonable investigation of the reasons for and the circumstances surrounding such Data Security Breach and (ii) reasonably cooperate with Customer in connection with such investigation, including by providing Customer with an initial summary of the results of Avolve’s investigation as soon as possible, but in all cases within two (2) business days after the date Avolve discovered or reasonably suspected a Data Security Breach, and then regular updates on the investigation as it progresses; (iii) not make any public announcements relating to such Data Security Breach without Customer’s prior written approval, which shall not be unreasonably withheld; (iv) use commercially reasonable efforts to take all necessary and appropriate corrective action reasonably possible on Avolve’s part designed to prevent a recurrence of such Data Security Breach; and (v) collect and preserve evidence concerning the discovery, cause, vulnerability, remedial actions and impact related to such Data Security Breach, which shall meet reasonable expectations of forensic admissibility. In the event of any Data Security Breach is caused by Avolve, Customer shall have, in addition to all other rights and remedies available under this Agreement, law and equity, the right to terminate the Agreement upon thirty (30) days prior written notice. For purposes of this Agreement, the term “Data Security Breach” shall mean any of the following occurring in connection with Customer Data in connection with Customer’s and its Users’ authorized use of the Avolve SAAS Solution: (a) the loss or misuse of Customer Data; and (b) disclosure to, or acquisition, access or use by, any person not authorized to receive Customer Data, other than in circumstances in which the disclosure, acquisition, access or use is made in good faith and within the course and scope of the employment with Avolve or other professional relationship with Avolve and does not result in any further unauthorized disclosure, acquisition, access or use of Customer Data. 3. Suspension Right. Avolve reserves the right to include disabling devices in the service and software provided under this Agreement and to use such disabling devices to suspend access and/or use when any payment is overdue or when Avolve believes that Users are using the Avolve SAAS Solution and/or any other materials or services provided by Avolve hereunder not in accordance with the Documentation, this Agreement and/or applicable laws and government regulations. In addition, if Customer is using Microsoft Corporation for hosting services, Microsoft Corporation may terminate or suspend Customer's hosting services in accordance with the Customer's Microsoft Customer Agreement and, should this happen, Customer will not be able to access the Avolve SAAS Solution. Customer agrees that Avolve shall not be liable to Customer, Users or to any third party for any suspension or inability to access the Avolve SAAS Solution pursuant to this Section A(3). If suspended for failure to pay, upon payment in full of all amounts overdue (including any interest owed), Customer may request the reactivation of its account. Avolve shall reactivate promptly after receiving in advance all applicable reactivation fees, provided that Avolve has not already terminated this Agreement. 4. Ownership and Disposition of Customer Owned Data, Hosting Location. “Customer Data” refers to the data provided by the Customer that resides in the Customer’s Avolve SAAS Solution environment, including any plan review, project drawings and associated project documents. Customer shall own all Customer Data that may reside within Contractor’s hosting environment, to include Disaster recovery site, equipment and media. Contractor is granted no rights hereunder to use the Customer Data except to the extent necessary to fulfill its obligations to Customer under this Agreement. Unless approved in writing by Customer, Avolve shall host the Avolve SAAS Solution provided to Customer hereunder from a data center located within the United States. 06112024 Page 9 of 34 Upon termination or expiration of Customer’s right to use the Avolve SAAS Solution for any reason other than Customer’s uncured material breach, for the first thirty (30) calendar days following termination or expiration, Customer may request in writing that Avolve provide a copy of Customer's then-current Customer Data and, for no additional cost, Avolve shall provide a copy in a mutually agreed upon format on media supplied by the Customer. If the parties are unable to mutually agree upon the format or the media supplied by Customer is not acceptable to Avolve, Avolve will use commercially reasonable efforts to still provide a copy of the Customer Data but Avolve may charge a reasonable professional services fee for increased costs incurred. After this time period has expired, Avolve has no further obligation to retain the Customer Data and shall use commercially reasonable efforts to promptly delete all Customer Data from the Avolve SAAS Solution. 5. Verification. Avolve shall be permitted to audit (at least once annually and in accordance with Avolve standard procedures, which may include on-site and/or remote audit) the usage of the Avolve SAAS Solution and any other materials provided by Avolve to Customer. Customer shall cooperate reasonably in the conduct of such audits. In the event an audit reveals that (i) Customer underpaid fees to Avolve and/or (ii) that Customer has used in excess of the use rights granted herein, Customer shall pay such underpaid fees for such excess usage. Reasonable costs of Avolve’s audit shall be paid by Customer if the audit results indicate usage in excess of the authorized quantities or levels. Avolve reserves all rights at law and equity with respect to both Customer’s underpayment of fees and usage in excess of the authorized quantities or levels. SECTION B. – PROFESSIONAL SERVICES AND SOWS 1. Statements of Work. From time-to-time during the Term of this Agreement, the parties may enter into statements-of-work (each being an “SOW”) for Avolve SAAS Solution use rights (including additional storage) and/or Professional Services on terms mutually agreed in writing between the parties in the SOW, including, without limitation, scope of services, expected deliverables, milestone dates, acceptance procedures and criteria, fees and other such matters. No SOW shall be binding until executed by both parties. Each SOW will be incorporated into and subject to this Agreement. In the case of any conflict between the SOW and this Agreement, this Agreement shall control unless the SOW specifically states otherwise. SECTION C. – GENERAL TERMS AND CONDITIONS 1. Fees. a. Implementation SOW and Additional Storage Fees. The Implementation SOW includes the Avolve SAAS Solution subscription fees, as well as the training and implementation professional services; which, unless set forth otherwise below or in the Implementation SOW, shall be invoiced by Avolve in full, in advance on the Effective Date. Additional storage fees shall be as set forth in the then-current standard storage limits and data backup practices document, a copy of which is available from Avolve upon request. Additional storage fees will be charged in accordance with the then-current standard storage limits and data backup practices document. b. Other SOWs. Any SOWs that Avolve and the Customer may execute from time to time during the Term of this Agreement shall include within them the applicable fees. Unless otherwise specified in the SOW, Professional Services fees will be invoiced as the Professional Services are delivered and Avolve SAAS Solution subscription fees will be invoiced yearly, in advance, in full at the time the SOW is executed. c. General Payment Terms. Unless set forth otherwise in an SOW, payment on all invoiced amounts shall be due thirty (30) days from receipt of invoice, with past due amounts accruing interest at the rate of the lesser of either 18% per annum or the maximum amount as allowed by law. Avolve will invoice for the Avolve SAAS Solution subscription fees yearly, in advance, with the first invoice being issued on the Effective Date of this Agreement. The Customer agrees 06112024 Page 10 of 34 to pay all invoiced subscription fees net thirty (30) days from receipt of invoice, with past due amounts accruing interest at the rate of the lesser of either 18% per annum or the maximum amount as allowed by law. All fees are due in advance, irrevocable and non-refundable (except as expressly set forth otherwise in this Agreement). Customer agrees to provide Avolve with complete and accurate billing and contact information. 2. Taxes. Fees and other charges described in this Agreement do not include federal, state or local sales, foreign withholding, use, property, excise, service, or similar transaction taxes (“Tax(es)”) now or hereafter levied, all of which shall be for Customer’s account. Any applicable direct pay permits or valid tax-exempt certificates must be provided to Avolve prior to the execution of this Agreement. If Avolve is required to pay Taxes, Customer shall reimburse Avolve for such amounts. 3. Renewal Terms. Except as otherwise provided in any SOW, UPON THE EXPIRATION OF THE TERM, THE AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE RENEWAL TERMS EACH EQUAL TO TWELVE (12) MONTHS, AT AVOLVE’S THEN CURRENT FEES FOR CUSTOMER’S THEN CURRENT USAGE, UNLESS EITHER PARTY PROVIDES NOTICE OF NON-RENEWAL AS SET FORTH IN THIS SECTION C(3). Avolve will provide notice of non- renewal or a notice of the fees due for each Renewal Term at least ninety (90) days prior to the commencement of the Renewal Term. If a notice of fees is provided, it will be in the form of an invoice. Customer acknowledges that it is its responsibility to provide a current email address to Avolve and to monitor such address for such notices. Customer may elect not to renew by providing notice to Avolve at least thirty (30) days prior to the commencement of the Renewal Term. 4. Termination. In addition to any termination rights that may be set forth in a specific SOW, either party may terminate this Agreement immediately upon written notice in the event that the other party materially breaches this Agreement and thereafter has failed to cure such material breach (or commenced diligent efforts to cure such breach that are reasonably acceptable to the terminating party) within thirty (30) days after receiving written notice thereof. Without prejudice to either party's rights to terminate set forth in the prior sentence, if Customer has purchased from Avolve hosting of the Avolve SAAS Solution on the Microsoft® Windows AzureTM platform, and Microsoft Corporation terminates the Customer's Microsoft Customer Agreement during a Term, Avolve and Customer shall act in good faith to determine a mutually acceptable replacement provider promptly upon receiving notice of Microsoft Corporation's intent to terminate the Customer's Microsoft Customer Agreement. 5. Force Majeure. Any delay or nonperformance of any provision of this Agreement (other than for the payment of amounts due hereunder) caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. 6. Confidentiality. Each party shall use commercially reasonable efforts to hold confidential information (“Confidential Information”) of the other in confidence. All Confidential Information (including but not limited to data) shall (i) remain the sole property of the disclosing party and (ii) be used by the receiving party only as authorized herein. Information will not be considered to be Confidential Information if (i) available to the public other than by a breach of this agreement; (ii) rightfully received from a third party not in breach of any obligation of confidentiality, (iii) independently developed by or for a party without access to Confidential Information of the other; (iv) lawfully known to the receiving party at the time of disclosure, (v) produced in compliance with applicable law, securities reporting requirement or a government or court order, provided the other party is given notice and an opportunity to intervene; or (vi) it does not constitute a trade secret and more than three (3) years have elapsed from the date of disclosure. If Avolve receives a request for Customer Data (either directly or as redirected to Avolve by the Microsoft Corporation), then Avolve shall redirect the law enforcement agency to request that data directly from Customer. If compelled to disclose Customer Data to law enforcement, then Avolve shall promptly notify Customer and provide a copy of the demand, unless legally prohibited from doing so. To the extent required by law, Customer shall notify individual Users that their data 06112024 Page 11 of 34 may be processed for the purpose of disclosing it to law enforcement of other governmental authorities as directed by Avolve, and shall obtain the User's consent to the same. 7. Customer is a government entity subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (“MGDPA”). If Customer is required, or anticipates that it will be required, to disclose any Confidential Information of Avolve pursuant to the MGDPA or to a court order or to a government authority, Customer shall, at its earliest opportunity, provide written notice to Avolve so as to give Avolve a reasonable opportunity to secure a protective order or take other actions as appropriate.Indemnification; Limitation of Liability. a. Indemnification. If a third party makes a claim against the Customer that any Customer’s use of the Avolve SAAS Solution in accordance with the terms of this Agreement infringes such third party’s intellectual property rights, Avolve, at its sole cost and expense, will defend Customer against the claim and indemnify Customer from the damages, losses, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by Avolve, provided that Customer: (i) notifies Avolve promptly in writing of the claim; (ii) gives Avolve sole control of the defense and any settlement negotiations; and (iii) gives Avolve reasonable assistance in the defense of such claim. If Avolve believes or it is determined that the Avolve SAAS Solution has violated a third party’s intellectual property rights, Avolve may choose to either modify the Avolve SAAS Solution to be non-infringing or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, Avolve may terminate Customer’s use rights and refund any unused, prepaid fees Customer may have paid to Avolve. Avolve will not indemnify the Customer to the extent that the alleged infringement arises from (1) the combination, operation, or use of the Avolve SAAS Solution with products, services, information, materials, technologies, business methods or processes not furnished by Avolve; (2) modifications to the Avolve SAAS Solution, which modifications are not made by Avolve; (3) failure to use updates to the Avolve SAAS Solution provided by Avolve; or (4) use of Avolve SAAS Solution except in accordance with any applicable Documentation or specifications. This section provides THE SOLE, EXCLUSIVE, AND ENTIRE LIABILITY OF AVOLVE AND ITS LICENSORS TO CUSTOMER, AND IS CUSTOMER’s SOLE REMEDY, WITH RESPECT TO THE INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. b. Limitation of Liability. To the maximum extent permitted by law, in no event will Avolve, except in the case of intentional misconduct, gross negligence, and breach of confidentiality, security or intellectual property provisions, be liable for special, indirect, incidental, consequential, or exemplary damages, including, without limitation, any damages resulting from loss of use, loss of data, interruption of business activities, or failure to realize savings arising out of or in connection with this Agreement, including without limitation use of the Avolve SAAS Solution and the provision of the Professional Services. Except for direct damages and expenses associated with Avolve’s obligation to indemnify Customer pursuant to Section C (7) (a), to the maximum extent permitted by law, Avolve’s aggregate, cumulative liability for damages and expenses arising out of this Agreement, whether based on a theory of contract or tort, including negligence and strict liability, will be limited to the amount of three times (3x) the total fees received by Avolve from Customer under this Agreement. Such fees reflect and are set in reliance upon this limitation of liability. The limited remedies set forth in this Agreement shall apply notwithstanding the failure of their essential purpose. 8. Support; Warranties. a. Support. During the Term, at no additional cost to the Customer, Avolve shall provide the Avolve SAAS Solution in accordance with Avolve’s Service Level Agreement (attached hereto as Exhibit 1). b. Warranties. Customer warrants and covenants that it owns or otherwise has and will have the necessary rights and consents in and relating to the Customer Data so that, as received by Avolve and processed in accordance with this Agreement, they do not and will not infringe, misappropriate or otherwise violate any intellectual property rights, or any privacy or other rights of any third party or 06112024 Page 12 of 34 violate any applicable laws or and government regulations, including but not limited to all foreign, United States federal and United States state recording laws. If Customer is purchasing from Avolve resold rights to Microsoft Cloud for US Government, Customer further warrants that it is one of the following: (i) a bureau, office, agency, department or other entity of the United States Government; (ii) any agency of a state or local government in the United States; (iii) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state jurisdiction and geographic boundaries; or (iv) a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the US Department of Interior by virtue of its status as an Indian tribe. c. Disclaimer. Avolve AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS GIVEN AS TO ACCURACY, ERROR-FREE OR UNINTERRUPTED SERVICE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES, ANY AVOLVE MATERIALS, THE AVOLVE SAAS SOLUTION OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR ITS PURPOSES. EACH PARTY DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. Avolve makes no warranties or conditions as to any services or products distributed under a third-party name, copyright, trademark or trade name that may be offered with or incorporated with the Avolve SAAS Solution or Professional Services provided by Avolve hereunder (such as the Microsoft hosting services). To the maximum extent permitted by law, Avolve will have no liability in connection with the third-party services or products. 9. Notices: Any notices being given by this Agreement shall be in writing and shall be effective if delivered personally, sent by prepaid courier service, sent by prepaid mail, or sent by facsimile or electronic communication (confirmed on the same or following day by prepaid mail). All correspondence shall be addressed to the parties as follows: If to Avolve: If to Customer: Ranju Ravikumar CFO Avolve Software Corporation 21001 N. Tatum Blvd, Suite 1630-503 Phoenix, AZ 85050 Stephen Kartak Chief Building Official City of Eden Prairie, MN 8080 Mitchell Road Eden Prairie, MN 55344 10. Governing Law. This Agreement will be governed by and construed in accordance with the laws of Customer’s state of domicile. 11. Entire Agreement. This Agreement, together with any SOWs, constitutes the entire agreement and understanding between the parties and supersedes any prior agreements, representation, or understandings, whether oral or written, relating to the services provided hereunder. 12. Severability. Should any court of competent jurisdiction declare any term of this Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof. 13. Assignment. These services and any other information or rights provided by Avolve, may not be sold, leased, assigned, sublicensed or otherwise transferred in whole or in part. Customer may not assign this Agreement or the benefits there from in whole or in part without the prior written consent of Avolve, which consent shall not 06112024 Page 13 of 34 be unreasonably withheld. Any assignment made in conflict with this provision shall be voidable at the option of Avolve. 14. Independent Contractor. Avolve is an independent contractor and not an employee of the Customer. Any personnel performing services under this Agreement on behalf of Avolve shall at all times be under Avolve’s exclusive direction and control. Avolve shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Avolve shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and worker’s compensation insurance. 15. Amendment. This Agreement may only be modified by written amendment signed by authorized representatives of both parties. 16. Hierarchy. The following order of precedence shall be applied in the event of conflict or inconsistency between provisions of the components of this Agreement: (i) the Contract for Goods and Services between Customer and Avolve, of which this Agreement is Exhibit A; (ii) this Agreement and (iii) the applicable Avolve Support SLA or SOW. Notwithstanding the foregoing, if any part of the Avolve Support SLA or SOW expressly states that it shall control over the Agreement, it shall so control. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth below. Avolve Software Corporation Eden Prairie, MN By: By: Name: Name: Ronald A. Case Title: Title: Mayor Date: Date: By: __________________________________________ Name: Rick Getschow Title: City Manager Date: ________________________________________ Page 14 of 34 EXHIBIT 1 – SERVICES SERVICE LEVEL AGREEMENT (SLA) SUPPORT PROCESS AND SERVICE LEVEL AGREEMENT Avolve’s current support process and service level commitments (“Support”) are defined below. Support Portal. Avolve provides Support through its Support Portal (https://support.avolvesoftware.com). All issues can be logged using the portal or through an on-call support number. Customer personnel receive Support Portal login credentials promptly following purchase of rights to use the Avolve SAAS Solution. After a login is received, the Customer may enter, track, update, and report on trouble ticket, as well as communicate with Avolve helpdesk staff via phone, email, web meeting, and/or ticket notes. Help, FAQs, Documentation, and a Knowledge-base are also available at the Avolve support portal. Support Hours. 8 AM – 5 PM MST, Monday through Friday (excluding standard holidays). Planned Downtime. Avolve or its third-party agent may render the Avolve SAAS Solution unavailable in order to perform upgrades, updated, patches, enhancements and routine maintenance activities, so long as the Avolve SAAS Solution is only unavailable to Customer and its Customer Users outside of the hours of 7 AM through 9 PM East Coast Time on business days during the Term. Avolve shall provide no less than five (5) days advance notice to Customer of any planned downtime. Customer acknowledges that in the case of emergencies, Avolve or its third-party agents may render the Avolve SAAS Solution unavailable in order to address the emergency. In such situations, if reasonably feasible, Avolve will provide notice to Customer in advance of rendering the Avolve SAAS Solution unavailable or, if not reasonably feasible, notice to Customer promptly following the rendering of the Avolve SAAS Solution unavailable. Customer understands and agrees that Avolve shall not be liable for any such interruption in access to the Avolve SAAS Solution for downtime occurring pursuant to this paragraph (collectively, referred to herein as “Planned Downtime”). On-Site Emergency Support. Customer may request on-site emergency operational support services as a separate and distinct billable service. In such cases and at its discretion, Avolve will dispatch appropriate technical staff to deliver on- site technical services. Problem Determination and Resolution. Avolve resources are allocated to resolve reported problems based on the severity level as described in the following table. Avolve uses commercially reasonable efforts to provide a prompt acknowledgement, acceptable resolution, workaround, or a plan for the provision of a resolution or acceptable workaround in the timeframe set forth below: Incident Response, Resolution, and Restoration Times Severity Level System Down Critical High Medium Low Response Time 1 hour 4 business hours 12 business hours 24 business hours 48 business hours Resolution Time Reasonable Best Effort Reasonable Best Effort Reasonable Best Effort Reasonable Best Effort Reasonable Best Effort Incident Reports 24 Hours n/a n/a n/a n/a *Normal Business Hours: 8:00 a.m. through 5:00 p.m. Mountain Standard Time, Monday through Friday (excluding standard holidays). Page 15 of 34 Support Classification Definitions: • Response Time. Once a problem has been reported, the Customer receives an acknowledgement by email, chat, phone or through the support portal. Avolve will begin the process of problem determination and resolution at this point. The time the ticket is submitted, and the response time will be logged to ensure SLA is met. • Status Updates. During the problem determination and resolution process, Customer may receive regular communications, via email, chat, phone, or the support portal, as to the status of the problem determination and resolution. All communications should be logged in Avolve’s support system including date, time, and contact name. This helps Avolve and the customer determine the status and duration of the issue reported. Any communications outside the support portal, unless scheduled by Avolve Support such as an online conference (e.g., Zoom or Teams), will not be considered as part of Avolve’s SLA. Tickets forwarded to Avolve Development/QA or 3rd Party Software company for further analysis or patch development, may result to delayed updates to the customer. • Resolution Time. It is the time the issue should be resolved. In some instances, a resolution may still be a temporary fix beyond the viable workaround. This incident occurs if the solution requires a product patch and/or product upgrade that result to a longer resolution schedule. • Severity Re-classification. Avolve and the Customer can reclassify the severity of a ticket if required. Severity Type Definitions: • System Down: A complete system failure impacting Customer’s ability to use the system that affects their business operations. From a time management perspective, it is urgent and important. Examples of a system down severity is when all users are unable to login or various errors occur simultaneously for all users. Avolve Support will respond to the ticket within 1 hour and try to restore the system within 4 hours. Customer’s administrators, IT, and/or users experiencing the issue may need to be available to help address specific tickets. If it requires further investigation and longer resolution time, a temporary workaround (i.e., restoration) will be determined with the Customer to allow operations to proceed during business or non- business hours. Status updates will be provided periodically, on a System Down tickets 24x7 until resolution. Infrastructure issues are often resolved quickly by service or system restart. Any potential system alerts will be promptly addressed in an effort to avoid issues from reoccurring. Avolve will create a new ticket with a low severity rating if the issue has been resolved but require further root-cause analysis. • Critical: An application failure impacting 1 or more end-users’ ability to use the system and affects critical operations that need to be addressed immediately. From a time management perspective, it is urgent and important for some users. Examples of a critical severity is when 1 or more users are unable to upload files, batch stamp approved plans, open several files, or run reports after several attempts. Avolve Support will respond to the issue within 4 hours and try to resolve the issue within 6 hours. Customer’s administrators, IT, and/or users experiencing the issue may need to be available to help address specific issues. If it requires further investigation and longer resolution time, a temporary workaround (i.e., restoration) will be determined with the customer to allow operations to proceed during business hours. Critical tickets will be immediately worked on until restoration from Monday to Friday (excluding US holidays) and within business hours. Any issue that requires work beyond work hours will be addressed on the following workday and within business hours. Avolve will create a new ticket with a low severity rating if the issue has been resolved but require further root-cause analysis. • High: An error that causes Avolve product to fail with minimal business impact. From a time management perspective, it is not urgent but important. Examples of a high severity are intermittent but frequent operational errors that need to be addressed. Avolve Support will respond to the issue within 12 business hours and try to resolve the issue within 24 business hours. If it requires further investigation and longer Page 16 of 34 resolution time, a temporary workaround will be determined with the customer to allow operations to proceed during business hours. Support will work on the issue from Monday to Friday (excluding US holidays) and within business hours. Any issue that requires work beyond business hours will be addressed on the following workday and within business hours. Avolve will create a new ticket with a low severity rating if the issue has been resolved but require further root-cause analysis. • Medium: An error that causes Avolve product to fail with no significant business impact. From a time management perspective, it is not urgent and slightly important to some users. Examples of a medium severity are how-to questions, or specific issues only occurring to a single end-user. Avolve Support will respond to the issue within 24 business hours and resolve the issue within reasonable best efforts. Support will work on the issue from Monday to Friday (excluding US holidays) and within business hours. Any issue that requires work beyond business hours will be addressed on the following workday and within business hours. • Low: A service request for a new feature, additional documentation, or an explanation of product functionality that does not impact business operations. From a time management perspective, it is not urgent with low importance. Avolve Support will respond to the issue within 48 business hours and resolve the issue within reasonable best efforts. Support will work on the issue from Monday to Friday (excluding US holidays) and within business hours. Any issue that requires work beyond business hours will be addressed on the following workday and within business hours. Unsupported Issues. Avolve does not cover under Support, and the SLA does not include the following conditions (collectively, the “Unsupported Issues”). • Any Avolve SAAS Solution use not covered by an active support contract and/or not in compliance with a valid agreement with Avolve. Authorized users of the Avolve SAAS Solution are entitled to Support as part of their use fee. • End-user’s computer hardware/software configurations such as OS (e.g., Linux or older Windows versions) or browser versions not supported by Avolve. • Problems caused by misuse or misapplication of the Avolve SAAS Solution, including any anomalies and/or failures in test or production operating environments that impact the Avolve SAAS Solution and are determined to have their cause due to unwarranted Customer decisions, actions, system configuration/ modification, policies and/or procedures. • Problems caused by Customer’s custom application code authorized to be developed using Avolve APIs as set forth in the documentation accompanying such API and the Customer’s Agreement. • Problems caused by updates or upgrades of 3rd party applications that are integrated with Avolve products and/or services. • All Training programs, regardless of software version updates and/or upgrades. • On-premises type of support including but not limited to: (a) End-user’s Windows configuration issues; (b) On-prem firewall or other security device configuration; (c) On-prem VPN, proxy servers, or other internal devices that connect to the Avolve SaaS solution; (d) Customer DNS, SSL certifications, or Azure AD configurations and updates if used for the Avolve SaaS solution; (d) On-prem or end-user’s network performance monitoring and updates; (e) End-User browser support; (f) User-modified and new workflows or eforms. Additional services may be purchased for an additional fee. • Any other reasons set forth in the Customer’s Agreement, including without limitation any down-time due to Microsoft Corporation. Page 17 of 34 Avolve, in its sole discretion, shall determine whether any of the foregoing exclusions are applicable to Customer. Any services provided for exclusions shall be paid by Customer at Avolve’s then-current rates, as well as all travel and other expenses incurred by Avolve in providing such services. Customer’s Obligations for Operational Support. To facilitate clear and consistent communication and timely issue resolution, Customer shall designate up to two contact persons for technical support processes. These individuals are responsible for initiating support requests, communicating with Avolve technical support personnel, and monitoring the support process with Avolve. Timely Customer response to Avolve requests for information during issue resolution is a necessary pre-requisite to Avolve’s providing Support. Avolve also requires remote access to the Customer system for the purpose of problem determination and analysis. Where reasonably necessary to provide Support, Customer shall provide Avolve’s technical support personnel reasonable, remote access capabilities into Customer’s systems. Upon Avolve’s request, Customer will also provide reasonable supporting data to aid in the identification and resolution of the issue. Service Level Commitments Uptime commitment. Per Avolve's SaaS agreement, Avolve will use commercially reasonable efforts to make the Avolve SAAS Solution available. The Annual Uptime Percentage has 2 components: The infrastructure uptime, which is dependent on Microsoft's SLA; Avolve software, which is 99.5%, excluding Planned Downtime.  In the event that Avolve does not meet this uptime commitment, Customer will be eligible to receive a service credit for 1% of the monthly fee for each one (1) hour of downtime during Customer’s normal business hours, up to 50% of Customer’s Pro-Rated Monthly Subscription Fee. Definitions • “Annual Uptime Percentage” is calculated by subtracting from 100% the percentage of 10-minute periods during a calendar month in which the Avolve SAAS Solutions was Unavailable to Customer. • “Availability” means the ability to log into the Avolve SAAS Solution. • “Claim” means a claim for a service credit Customer submits by opening a support case with Avolve, on the basis that the hosted Avolve SaaS Product infrastructure has been Unavailable to Customer during a service month. • “Pro-Rated Monthly Subscription Fee” is calculated by dividing the Customer’s applicable annual Avolve SAAS Solution subscription fee by twelve. • “Unavailability” means the inability to log into the Avolve SAAS Solution. Service Credit Requests To receive a service credit, Customer must notify Avolve and submit a Claim within thirty (30) days from the incident that would be the basis for the claim. To be eligible, the Claim must include (a) the dates, times, description and duration of each incident experienced; and (b) the Customer’s event logs or any other system telemetry that document the errors and corroborate the claimed Unavailability (any confidential or sensitive information should be removed). Failure to provide a timely Claim, which includes all the required information, will disqualify the Claim and Customer from receiving a service credit. If Avolve validates the Claim, then Avolve will promptly issue the service credit. Service Credit Provisions Service credits are Customer’s sole and exclusive remedy for any failure of Avolve to provide the Avolve SAAS Solution in accordance with the terms of the Agreement. Service credits shall be a credit toward future services only and do not Page 18 of 34 entitle Customer to any refund or other payment from Avolve. Service credits may not be transferred, applied to another account, exchanged for, or converted to monetary amounts. The maximum service credits awarded with respect to Claims the Customer submits in any calendar month shall not, under any circumstance, exceed in the aggregate 50% of the Customer’s Pro-Rated Monthly Subscription Fee for such month. Avolve will use all information reasonably available to it to validate Claims and make a good faith judgment on whether a service credit should be applied to the Claim. SLA Exclusions This SLA does not apply to any Availability or Unavailability of the Avolve SAAS Solution: • During Planned Downtime; • Caused by Unsupported Issues; • Caused by factors outside of Avolve’s control, including any force majeure event or interruption or impediment to Internet access or related problems; • That result from Customer’s equipment, software or other technology and/or third party equipment, software or other technology, including any third party hosting providers; • That resulted from Planned Maintenance or associated to beta, evaluation, non-production systems, and trial services accounts; • That result from any actions or inactions from Customer or any third party, including employees, Users, agents, contractors, or vendors, or anyone gaining access to the hosted Avolve SaaS Product infrastructure by means of Customer’s (and its Users’) passwords or equipment; • Arising from Avolve’s suspension and termination of Customer’s right to use the hosted infrastructure in accordance with the Agreement; and • That result from Avolve application software implementation errors caused by configuration, customization, installation, or human errors. • Avolve, in its sole discretion, shall determine whether any of the foregoing exclusions are applicable to Customer. Avolve may, but is not obligated to, issue a Service Credit in Avolve’s sole discretion where Customer’s use of the Avolve SAAS Solution may be Unavailable due to factors other than expressly provided here in this SLA. Page 19 of 34 EXHIBIT A: CHANGE REQUEST FORM Page 20 of 34 Page 21 of 34 Eden Prairie, MN ProjectDox® ePlan SaaS Proposal April 30, 2024 Prepared by your Avolve Software Representative Jacob Byers Account Executive Email: jbyers@avolvesoftware.com Phone: (801) 707-8687 www.avolvesoftware.com Page 22 of 34 ProjectDox ePlan Solution Pricing Agreement SAAS Product Name Product Code Description Qty Unit Price Total Price Production& Test Environment for ProjectDox SaaS Single User License Pack SAAS-P.L.SULP Software as a Service (SaaS) for ProjectDox on a Production and Test Environment Single User License Pack. Maximum of 30 unique named users. Software included for SaaS Production: • ProjectDox Software Subscription • Unlimited Workflow license • 1TB storage. Additional storage space can be acquired via separate SOW. Services included for SaaS Production: • Managed services • Annual ProjectDox upgrades Production Environment Safeguard: Avolve security policy limits access to the Production environment. External users including the customer’s IT will not be allowed direct access to the Production servers and database. Any development or testing can be performed on the Test environment. 1.00 $31,800.00 $31,800.00 ProjectDox SaaS Users SAAS-P.L.SUL Production & Test Environment for ProjectDox SaaS Single User License 5 $1,050.00 $5,250.00 Video License Subscription TES-VLS Video License Subscription 1.00 $5,400.00 $5,400.00 SaaS Sub-Total (annual amount): $42,450.00 PROFESSIONAL SERVICES Product Name Product Code Description Qty Unit Price Total Price ProjectDox Data Migration PS-225 Migration of existing customer data onto the Avolve 35 $225.00 $7,875.00 Page 23 of 34 Project Management Services PS-225 Professional Services time for Project Management and integration services 45 $225.00 $10,125.00 Professional Services: $18,000.00 Professional Services Total: $18,000.00 Unless otherwise stated, pricing does not include any applicable taxes that may be applied at invoicing. Travel and Expenses are not included in this total and will be invoiced as incurred. First year SaaS and 20% of Services shall be invoiced upon execution of Agreement. Payment for the total amount is due net thirty (30) days from the date of Initial Invoice. Payment via EFT. See notes for details. Total SaaS: Total Services: Grand Total: $42,450.00 $18,000.00 $60,450.00 Page 24 of 34 Eden Prairie, MN ProjectDox SaaS Migration and Upgrade to 9.3 Statement of Work (SOW) April 30, 2024 Prepared by your Avolve Software Representative Paul Gosselin Regional Sales Director Email: pgosselin@avolvesoftware.com Phone: 651.249.9344 www.avolvesoftware.com Page 25 of 34 Executive Summary This Statement of Work focuses on the migration, upgrade, and deployment of the current Production Environment from the customer’s on-premises environment to Avolve’s SaaS Infrastructure to 9.3. It includes the overall time and cost required to migrate the system including setup, testing, and initial support. High Level Scope of Work SETUP This phase of the project will focus on the setup of the test and production environments in the Avolve SaaS cloud to version 9.3. The estimate for this phase is 12 weeks. • Avolve shall prepare, for review and approval, a project plan, detailing specific tasks and responsibilities of the parties, deliverables and milestones, dependencies, and dates for completion of the same (such plan, as approved by Customer, the "Project Plan"). Avolve shall maintain the Project Plan for the duration of the project, with any changes to the Project Plan subject to Customer's prior review and approval. • Avolve shall provision the Test and Production Environments. • Avolve requires access to the Customer’s ProjectDox Web Server to install and configure its ProjectDox Azure • Migration tool used to copy and move plan review and log files for the environments. The migration tool will require port 443 to be open to conduct this move. DATA MIGRATION • Avolve shall install and configure the ProjectDox Azure Migration tool for the on-premises test environment to migrate the log files for the Test Environment. o There is no file migration (Plan Review Drawings/Documents) of the UserFilesSource (UFS) or UserFilesPublish (USP) for the Test environment. • Avolve shall install and configure the ProjectDox Azure Migration tool for the on-premises Production Environment at the same time for the Production Environment. This service will run in the background to transfer the UserFilesSource (UFS) or UserFilesPublish (USP) as well as the log migration for production and continue to keep the systems in sync. • Avolve shall request a backup of any Avolve product databases and installation directories to be uploaded to a provided encrypted OneDrive shared file server solution. o The Customer is responsible for providing a copy of the requested databases and installation directories to the OneDrive location. o Avolve will provide installation directory to allow Customer to upload requested directories: Page 26 of 34 § ProjectDox Web Server ü \ProjectDox ü \ProjectDox.Web.UI ü \ProjectDox.Web.API ü \ProjectDox.Portal.Web.UI ü \ProjectDox.Portal.Web.API ü \ProjectDox.Permitting.Web.API ü \PDSF\WFlowDllCache ü \Program Files (x86)\Avolve § ProjectDox Application Server (all ProjectDox Services installation folders) ü \Program Files (x86)\Avolve § ProjectDox Database Server (latest Full Backup of databases listed below) ü ProjectDox Database ü Portal Database ü WorkflowPersistencestore ü FTM TEST ENVIRONMENT UPGRADE & CONFIGURATION Completion of the infrastructure setup and initiation of the migration tasks will allow for the upgrade of the software to the latest version of 9.3 and the reconfiguration of the integration endpoints within the Avolve SaaS Cloud by both Avolve Software and the Customer. A. Test Environment Avolve Tasks • Avolve shall install the latest version of ProjectDox 9.3 software to the SaaS environment. • Avolve shall restore a copy of Customer's 9.2 production database(s) to the new SaaS server environment. • Avolve shall make necessary site configuration updates for the new SaaS environments. • Avolve shall restore the ProjectDox integration in the Avolve SaaS cloud for communication to the permitting system. B. Test Environment Customer Tasks • The Customer team shall be responsible for updating integration URLs/endpoints and completing any formula or data recompiles as required (with Avolve providing details required for endpoint integration) to point to the correct ProjectDox system for testing. • The Customer team shall be responsible for ensuring communication to the permitting from the Avolve SaaS cloud environment is permitted. The standard communication port is 443; however, this will be evaluated with Page 27 of 34 the Customer and Avolve teams to determine if any additional port or requirements are needed upon setup of the environment. • Customer shall be responsible for assisting with setup post the upgrade to 9.3. This includes: o Identification and update of persons that perform stamping actions to be added to Stampers group within each project for each project template in the system. o Identification and update of project administrators per project template. o Identification and update of users into the limited administrators in the project template. o Identification and update of the maximum file height and width of files submitted to Customer and applied to each stamp template in ProjectDox.    C. Training New features training will be provided via video for version 9.3 to allow the project team and general users access to see the new features. The video will be available for Customer to review at any time. D. UAT  (User Acceptance Testing)  The Customer is responsible for the testing of the updated system and for reporting product issues to the Avolve project team.  The UAT of the application will be scheduled to be completed within 10 business days.  Customer is expected to organize resources to meet this schedule to keep the project on time and on budget allowing the Customer to receive the benefits of the new application.  As issues are reported, Avolve will review and provide resolutions as quickly as possible for any identified issues and allow Customer to retest (with such 10-business day period reasonably extended to allow such retesting), and ultimately upon validation of no critical issues (or as otherwise agreed to by both Avolve and Customer), to authorize the project to move to the "Launch" phase.      E. Launch                                          The Customer's acceptance of UAT will complete this phase of the project with the full delivery of a functional development environment with integration to the permitting system. Initiation for coordination of the upgrade of the Production system will begin. SAAS PRODUCTION SYSTEM LAUNCH A. SaaS Production Upgrade & Migration The Avolve Software team will have previously set up the infrastructure for the production environment and performed most of the file migration for production to allow for the cutover from the on-premises to Avolve SaaS Cloud migration to occur. The on-premises production system will be placed in maintenance mode and allow the final preparations, data transfers and upgrade for the Avolve SaaS Production Environment to be conducted, including all configuration updates. After the final data cutover, the customer will conduct a final end-to-end test leading into final launch/go-live. The customer should expect 1-2 days of downtime for their production environment during the work week. Customer Tasks • The Customer shall provide new backups of the production system databases for the Avolve team to restore to the SaaS environment for the production cutover. Page 28 of 34 • The Customer team shall be responsible for updating integration URLs/endpoints and completing any formula or data recompiles as required (with Avolve providing details required for endpoint integration) to point to the correct ProjectDox system for testing. • The customer is responsible for redirecting the existing on-premises URL DNS for the production site to point to the new Avolve SaaS URL and disabling of the on-premises environment. Avolve Tasks • Avolve shall restore the provided database backups into the new SaaS environment. • Avolve shall update configurations to match the new server environment for SaaS. • Avolve shall restore integration endpoints to the permitting system. • Avolve shall configure the Production Environment with setup from the Test Environment: o Update of Users into Stampers group per Project Template o Update of Min/Max settings for stamps o Report Access o Identification of PA’s per Project Template o Identification of LA’s per Project Template • ProjectDox File Migration tool will be disabled/uninstalled on both the on-premises web server and the Avolve SaaS file server upon completion of the permission migration process. B. UAT The Avolve team will turn the system over to the customer post the upgrade and migration of production to allow the Customer team to conduct testing of the production environment. Upon acceptance of the upgrade by the Customer, maintenance mode will be removed to open the site up to the public. C. Launch/Project Completion The Avolve project manager will be engaged to assist the customer with any product-related errors or questions about the software for Iden post-go-live. After the 30 day go-live period, should product issues remain the Avolve project team shall stay engaged to assist until resolution to said items is provided or agreement is made between the Customer and Avolve for the transition from Avolve’s project team to Avolve’s support team, whichever may come first. • Go-Live • Transition to Support Page 29 of 34 ACCEPTANCE PROCESS There will be Key Deliverables, as identified in the Project Activities/Deliverable Payment Schedule, which will be subject to acceptance by the Customer ("Acceptance"). Upon completion of each Key Deliverable, Avolve will request from the Customer a written response within five (5) business days after receipt thereof. Notwithstanding the foregoing or anything to the contrary in the Purchase Agreement, all other Deliverables provided under this Statement of Work shall be deemed to have been accepted by the Customer upon delivery. If Customer does not approve, reasons for rejection must be clearly noted. Avolve will then work with the Customer to agree on getting approval. The Customer shall be deemed to accept any such Key Deliverable which the Customer does not accept or reject within such period. This acceptance will initiate the invoice of the applicable milestone. PROJECT ASSUMPTIONS AND CAVEATS 1. Avolve will have full access to all Project team members from the customer as needed to complete the successful implementation and roll out of ProjectDox. This access may require the team members of the customer to dedicate specific time to specific detailed tasks within the Project Plan. Team member tasks will be more clearly defined during the kickoff and planning sessions and documented in the Project Plan.  2. Customer and its third parties and/or subcontractors will fulfill any hardware/software requirements, as identified to allow communication between Avolve Software and the Customer’s permitting system in a timely fashion to keep the Project Plan on schedule.  3. Customer and its third parties and/or subcontractors will fulfill the hardware and network requirements, as outlined in the ProjectDox/OAS Implementation Guide (a standard end user document that accompanies each version of the Software) in a timely fashion to keep the Project Plan on schedule.  4. Unless explicitly stated in this SOW, the replacement of the servers for the Customer environment and related professional services for installation are not considered in this scope of work.  Should the customer wish to replace servers in the existing environments, virtual or otherwise a change order to acquire the necessary additional professional services is required.    5. Delays/schedule Changes: This best approach package to implementation relies on partnership with the jurisdiction to achieve desired go-live goals. Should either party cause or contribute to the delay of any deliverable/milestone relative to the agreed upon Project Plan schedule, the other party may issue a Change Request(s)/Work Order (s) to denote said change of schedule and any reasonable incremental costs incurred by such party arising from the delay. Once approved by the parties, the Change Request/Work Order shall be signed by both Avolve and Customer, with issuance of payment for any additional costs as noted within said Change Request/Work Order to occur as set forth in such Change Request/Work Order.  6. Scope Changes: Should the Customer request a change in the scope of work for the project, Avolve shall issue a Change Request(s)/Work Order to denote the change in scope (and any associated impacts to schedule or change to project fees). Once approved by the parties, the Change Request/Work Order shall be signed by both Avolve and Customer, with issuance of payment or credit (as applicable) for any change to project fees as noted within said Change Request/Work Order to occur as set forth in such Change Request/Work Order.  Page 30 of 34 7. Customer may not cancel or reschedule requests for the upgrade/migration and/or instructor-led training within 72 hours of the scheduled event without Avolve’s written consent. Cancellations approved within 72 hours may result in a 20% cancellation fee on the total services for the project. 8. All parties will reasonably prioritize their efforts to meet the Project Plan schedule to achieve a rapid roll out model. It is understood by all parties that multiple tasks may be in process at one time and Avolve may have more than one Professional Services team member working on the project at one time.  9. Customer will assign a project manager for management of their own resources, and/or third parties retained by Customer, to collaborate with Avolve’s project manager. Customer subject matter experts and applicable users will be accessible and available in a timely fashion, and for adequate and reasonable durations as set forth in the Project Plan. Avolve will make sure that scheduling of meetings are adequately in advance of these resource allocations.  10. Any optional items chosen in the Purchase Agreement/Sales Order are not included here and would require a modification to this Statement of Work.   11. Avolve and Customer agree to cooperate in good faith to complete the Services and Deliverables in a timely and efficient manner.  12. A list of decommissioned features and integration touch points associated to the upgrade to ProjectDox 9.3 is available for review upon request.  The Customer assumes responsibility for reviewing and notifying the appropriate internal and third-party persons about said changes.  13. Formatting, data and/or alterations to customized reports are not covered under this Statement of Work unless explicitly identified in the scope of work.    14. Workflow, Project template, and/or Report enhancements are not covered under this Statement of Work unless explicitly identified in the scope of work.  15. In the event Customer, in its discretion, suspends the project for 4 consecutive weeks, Avolve may reassign its project resources to other projects. Upon Customer's request to re-commence the project, Avolve will not guarantee that the same project personnel will be available to re-engage and requires a minimum of 4 weeks’ written notice from Customer of intent to restart the project. During this notice period, Avolve will meet with Customer to update the Project Plan and assign Avolve project resources. Avolve will then provide the Customer with the proposed updated Project Plan, as well as any reasonable costs required to restart the project. The project will only restart upon the parties written mutual agreement on the Project Plan and any restart costs. CHANGE CONTROL PROCESS The “Change Control Process” is that process which shall govern changes to the scope of the Project during the life of the Project. The Change Control Process will apply to new components and to enhancements of existing components. The Change Control Process will commence at the start of the Project and will continue throughout the Project's duration. Additional procedures and responsibilities may be outlined by the Project Manager identified on the signature page to the Agreement and will be included in the Project Plan if mutually accepted. Under the Change Control Process, a written “Change Request” (attached) will be the vehicle for communicating any desired changes to the Project. It will describe the proposed change; the reason for the change and the effect the change may have on the Project. The Project Manager of the requesting party will submit a written Change Request to the Project Manager for the other parties. Page 31 of 34 All parties must sign the approval portion of the Change Request to authorize the implementation of any change that affects the Project’s scope, schedule, or price. Furthermore, any such changes that affect the scope of this SOW, schedule or price will require an amendment to the SOW and/or any other part of the Purchase Agreement. PRICING, TRAVEL AND EXPENSE Pricing and payment terms are as set forth in Purchase Agreement/Sales Order. • Professional Service hours will be invoiced monthly as time and materials based on the rate for the applicable resources.  • No Travel and Expenses are estimated for this project. If onsite work is requested by the customer it will be invoiced as incurred for trips to the Customer offices.  The Customer will only be invoiced for actual incurred expenses.  PROJECT ACTIVITIES / DELIVERABLES PAYMENT SCHEDULE This delivery and payment schedule is subject to change based on discussions to occur post the kick-off of the project, provided that both the Customer and Avolve agree to the modifications in writing pursuant to the Change Control Process. This scope of work is based on a 12-week implementation schedule. Week Phase Deliverable Acceptance Criteria 1-4   Setup SaaS Test Environment • Project Kick Off Meeting   • Project Plan  • Deliver Functional SaaS Test System    Customer Acceptance  5-7  UAT SaaS Test Environment  UAT issues resolved Customer Acceptance  8 Go Live Go Live Preparations 9-11 Go Live • Deliver Functional SaaS Production 9.3 System   • Production Environment available for Customer use • Warranty Period 12 Go Live • Transition to Support • Project Complete Customer Acceptance CHANGE CONTROL PROCESS The “Change Control Process” is that process which shall govern changes to the scope of the Project during the life of the Project. The Change Control Process will apply to new components and to enhancements of existing components. The Change Control Process will commence at the start of the Project and will continue throughout the Project's duration. Additional procedures and responsibilities may be outlined by the Project Manager identified on the signature page to the Agreement and will be included in the Project Plan if mutually accepted. Under the Change Control Process, a written “Change Request” (attached) will be the vehicle for communicating any desired changes to the Project. It will describe the proposed change; the reason for the change and the effect the change Page 32 of 34 may have on the Project. The Project Manager of the requesting party will submit a written Change Request to the Project Manager for the other parties. All parties must sign the approval portion of the Change Request to authorize the implementation of any change that affects the Project’s scope, schedule, or price. Furthermore, any such changes that affect the scope of this SOW, schedule or price will require an amendment to the SOW and/or any other part of the Purchase Agreement. STATEMENT OF WORK ACCEPTANCE Once fully executed, this document will become the Statement of Work for the Project defined in this document. Avolve and Customer’s signatures below authorizes Avolve to begin the services described above and indicates Customer’s agreement to pay the invoices associated with these services delivered as described. AUTHORIZED SIGNATURES Avolve Software Corporation Eden Prairie, MN By: By: Name: Name: Title: Title: Date: Date: Page 33 of 34 Exhibit – Change Request Template Page 34 of 34 City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Consent Calendar Item Number: VIII.T. Department: Information Technology ITEM DESCRIPTION Declare obsolete computer equipment as surplus. REQUESTED ACTION Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3. SUMMARY The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3. ATTACHMENTS List of surplus equipment. Asset Type Manufacturer Model Serial Number Tablet Apple iPad F9FZJ613MDG1 Tablet Apple iPad GG7XXJTMJF88 Laptop HP Pro Book 440 G6 5CD9165V6Y Laptop HP Elitebook X360 1030 G4 5CD021G26N Laptop HP Eltebook x360 1030 G4 5CD0288Q7G Laptop HP ProBook 440 G6 5CD951CXHX Laptop HP ProBook 440 G6 5CD951CXJC Laptop HP ProBook 440 G6 5CD951CXJF Laptop HP ProBook 440 G9 5CD3107HP3 Laptop HP ProBook 440 G6 5CD951CWN5 Laptop HP ProBook 440 G6 3T395001G6 Tablet Apple iPad DMPXNJK9JF88 Tablet Apple iPad DMPXF4WSJF88 Tablet Apple iPad F9GZKD9FMDG1 Tablet Apple iPad F9FTX0J0HP61 Tablet Apple iPad DMPTPNSMHLJK Tablet Apple iPad DMPXNP0XJF88 Tablet Apple iPad DMPXMS1DJF88 Tablet Apple iPad F9FTX0K6HP61 Tablet Apple iPad F9FZ8DEXMDG1 Tablet Apple iPad DMPXF509JF88 Tablet Apple iPad DMPTPQJZHLJK Tablet Apple iPad DMQWJ0BZJF88 Tablet Apple iPad DMPYTJXJJF88 Tablet Apple iPad DMPXMMBBJF88 Tablet Apple iPad DMPXMHF6JF88 Tablet Apple iPad DMPZM3TEMDG1 Printer HP 402dne PHB5F04266 Scanner Canon DR-5010C DD302449 Phone Mitel 5312 IP AVAHF6138 Phone Mitel 5330 IP FSADA7707 Phone Mitel 5330 IP FSAJG3760 Monitor Dell E2216H CN-OJF44Y-FCC00-7BF-AJ9U-A02 Tablet Apple iPad DMPZM8DFMDG1 Monitor ViewSonic VG2847Smh U4Z163240405 Monitor ViewSonic VG2732m-LED SMM122020561 Monitor ViewSonic VG2436WM-LED S5D111400638 Monitor ViewSonic VX2770SMH-LED TAF142847436 Monitor ViewSonic VG2732m-LED SMM122620730 Monitor ViewSonic VG2436WM-LED S5D120130803 Monitor ViewSonic VX2770SMH-LED TAF142847435 PC HP EliteDesk 800 G5 SFF MXL9422Y47 PC HP EliteDesk 800 G5 SFF MXL9422Y45 PC HP EliteDesk 800 G5 SFF MXL9482X3N PC HP EliteDesk 800 G5 SFF MXL9412XTR PC HP EliteDesk 800 G5 SFF MXL9422Y3V PC HP EliteDesk 800 G5 SFF MXL9422Y41 PC HP EliteDesk 800 G5 SFF MXL9482X3S City Council Agenda Cover Memo Date: Section: Jan. 7, 2025 Consent Calendar Item Number: VIII.U. Department: Police, Chief Matt Sackett ITEM DESCRIPTION Approval of 2025 Towing Services Agreement REQUESTED ACTION Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and Allen’s Service Inc, DBA Matt’s Auto Service. SUMMARY For 59 years, Matt’s Auto Service has been the official towing agency for the City of Eden Prairie. Matt’s Auto Service has consistently provided the City with quality service. Matt’s Auto Service provides towing/impoundment services for several other local police departments. This is a renewal of the 2024 agreement. ATTACHMENTS Agreement 1 2025 AGREEMENT FOR TOWING SERVICES THIS AGREEMENT, entered into this 7th day of January, 2025, between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 (“City”), and Allen’s Service Inc. DBA Matt’s Auto Service, 6283 Industrial Drive, Eden Prairie, MN 55344 (“Contractor”). In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor’s Services. The Contractor agrees to provide all services required by the City for towing of “vehicles,” as that term is defined in Minn. Stat. § 169.011, Subd. 92. These services shall be provided in accordance with the terms of this Agreement. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this Agreement. 2. Personnel. All drivers provided for the towing of vehicles shall be checked for driver’s license and warrants by the City of Eden Prairie Police Department (hereinafter, the “Police Department”) prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws. 3. Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be located within one mile of the City limits. 4. Operation. No vehicle shall be towed under this Agreement without specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this Agreement, and provide and maintain mobile radio service with all towing units. 5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall follow MN State Statute notification requirements listed in State Statute 168B.06. A record of this notice shall be retained by the Contractor. 6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department (“Police Hold”) shall not be released without written authorization from the Police Department. Vehicles not kept on a Police Hold shall be released by the Contractor after obtaining proper proof of ownership and proof of current insurance coverage if the vehicle is to be driven out of the storage facility. The Contractor reserves the right to specify the manner of payment for all charges and fees. The Contractor agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 4:30 p.m. Monday through Friday; 11:00 2 a.m. to 12:00 p.m. Saturdays, Sundays, and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the Police Department. 7. Towing and Storage Charges. The 24-hour towing rate schedule for the term of this Agreement for City of Eden Prairie impounded vehicles is: TOWING RATES Impounded vehicles $150.00 Trailering impounded vehicles (additional) $5 minimum Accidents $175.00* Lowboy & Tractor service $250/hour minimum Dollies (Additional) $25.00/45.00 Winching (Additional) $45 small truck $500 big truck* Semi truck tractors and trailers $500.00 per hour* On-scene additional labor charges $50.00/hour minimum *additional labor charges may be imposed depending on the specific equipment or labor needed at the scene. STORAGE RATES Cars and pickup trucks $35.00/day Two wheel motor vehicles, mopeds, ATVs, and snowmobiles $45.00/day Inside storage $55.00/day Tractor-trailers, large trucks $65.00-75.00/day Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be towed at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify. Note: (2) Additional labor charges may include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the Contractor. All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request of the City) shall be returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor’s expense pursuant to paragraph 10 of this Agreement. Any such fees 3 charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement. 8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and § 169A.63 and subsequently released to the registered owner or lien holder shall be towed and stored pursuant to the following guidelines: (a) Rates (i) Vehicles released within 15 days of impound (0–15 days) shall be charged the towing and storage fees outlined in paragraphs 6 and 7. (ii) Vehicles released up to 60 days after impound (16–60 days) shall be charged a $200.00 flat fee. (iii) Vehicles released more than 60 days after impound (61+ days) shall be charged a $200 flat fee plus $5 per day beginning on the 61st day. (b) Notification (i) If the registered owner or lienholder collects the vehicle within 4 days of the date of release of the hold, the Contractor shall charge no additional storage rates beyond those outlined in (a)(i)–(iii), above. (ii) If the registered owner or lienholder fails to collect the vehicle within 2 days of the date of release of the hold, the Contractor shall send notification to the registered owner or lienholder via certified mail to collect the vehicle. If the registered owner or lienholder does not collect the vehicle within 4 days from the date the Contractor mailed the notification, the Contractor shall charge the applicable storage rate outlined in paragraph 7, beginning on the 5th day after the notification was mailed. (iii) If the Contractor is required to send notice by certified mail, the Contractor shall also charge to the registered owner or lienholder $30.00 to cover staff time and materials. Release of such vehicles shall be governed by Minnesota Statutes §§ 609.531 to 609.5318, § 169A.42, and § 169A.63. Any storage or towing fees paid to the Contractor by the registered owner or lien holder which have already been paid by the City shall be reimbursed to the City by the Contractor. 9. Transfer to Long-Term Storage Facility. At the City’s request, the Contractor agrees to transport vehicles from its facility to a long-term storage facility designated by the City. The City agrees to pay to the Contractor $115 for each vehicle transported by the Contractor to the long-term storage facility. 4 10. Records and Reports. The Contractor shall prepare an annual report of all vehicles towed, stored, released, and still held by the Contractor in a form acceptable to the City (the “Annual Towing Report”). The Annual Towing Report shall include the reasons why, if any, vehicles towed have not been released. The Contractor shall file the Annual Towing Report with the Police Department on or before January 31 of each year for the preceding twelve-month period. All records of services provided by the Contractor pursuant to this Agreement shall be available for inspection by the City upon request. 11. Administrative Fees. The Contractor agrees to pay the City $3.00 for clerical and administrative expenses for each vehicle referenced in the Annual Towing Report filed with the Police Department. The Contractor shall pay these fees annually at the same time that the Contractor files the Annual Towing Report as provided in paragraph 10. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 12. Sales and/or Disposal. When the total of all charges for towing, storage, and other charges equals or exceeds the value of the vehicle impounded, the Contractor shall, with the permission of the Chief of Police of the Police Department, sell the vehicle at a sheriff’s sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all transactions of sale or disposal, including the proceeds received, in the Annual Towing Report. The Contractor shall keep records and prepare an annual summary report by January 31, 2026, of all losses and profits from the sale or disposal of vehicles towed pursuant to this Agreement. 13. Liability. The Contractor shall be responsible for the loss of, or damage to, any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time the Contractor, its employees or agents take custody of the vehicle, including by signing the receipt for the vehicle, by hooking or hoisting the vehicle, or by any other means. The Contractor shall be responsible for the safekeeping of personal property within or on the vehicle as identified on the vehicle impound form. 14. Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its employees, and agents from and against all claims, damages, losses, and expenses, including attorneys’ fees, which the City may suffer or for which it may be held liable because of bodily injury, including death, or damage to property, including loss of use, arising out of any act or omission of the Contractor, its employees, agents, or subcontractors in the performance of this Agreement. 15. Insurance. The Contractor shall obtain and maintain liability insurance for coverage of not less than the following amounts: Hazardous Load As required by state and federal law 5 Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 personal and advertising injury $10,000 medical expense Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all hired, scheduled, and non- owned autos) Umbrella or Excess Liability $2,000,000 Motor Cargo Coverage $200,000/$1,000 deductible The insurance shall cover all operations under this Agreement, whether undertaken by the Contractor, subcontractors, or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired, and non-owned motor vehicles. The insurance shall also cover the indemnification liability set forth in paragraph 14. All insurance policies required by this paragraph shall include a provision stating that the policy may not be canceled, terminated, or reduced except upon thirty (30) days written notice to the City. The insurance company shall deliver to the City certificates of all required insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate. 16. Non-Discrimination. The Contractor agrees during the life of this Agreement not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by federal, state, or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement. 17. Subcontractors. The Contractor shall not subcontract all or any portion of this Agreement without the prior written approval of the City, except for assistance in 6 emergency or unforeseen circumstances. All subcontractors shall be bound by and covered by all terms of this Agreement. 18. Agreement Period. This Agreement shall be effective as of January 1, 2025, and terminate on January 15, 2026 or upon commencement of a renewal of this Agreement, whichever first occurs. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of the City and the Contractor. This Agreement may also be terminated by either party upon fifteen (15) days written notice if the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 19. Independent Contractor. At all times and for all purposes hereunder, the Contractor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement as follows: (1) if it is directed to the City, by delivering it personally to an officer of the City; (2) if it is directed to the Contractor, by delivering it personally to an officer of the Contractor; (3) if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; (4) if sent via email, followed by deposit in the U.S. mail, but failure to follow the email with mailed notice does not negate the validity of the emailed notice; or (5) if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to the City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Matt Sackett, Chief of Police Email: msackett@edenprairie.org If to Contractor: Allen’s Service, Inc. DBA Matt’s Auto Service 6283 Industrial Drive Eden Prairie, MN 55346 Attn: Julie Wagner, Office Manager Email: julie.mattsauto@gmail.com Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any 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. 7 22. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the performance of this Agreement. Any violation shall constitute a material breach of this Agreement and entitle the City to terminate this Agreement. 22. Audit. 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 as appropriate. 23. Payment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one- half percent (1½%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor. 24. Data Practices Act Compliance. 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 the Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and the Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 25. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement. 26. Agreement Review. The Contractor reserves the right to renegotiate certain fees should fuel prices rise significantly during the term of this Agreement. 27. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be modified, except in writing, signed by all parties. 8 City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Payment of Claims Item Number: X. Department: Administration / Finance ITEM DESCRIPTION Payment of Claims REQUESTED ACTION Move to approve the payment of claims as submitted (roll call vote). SUMMARY Checks 313738-314739 Wire Transfers 10881-10949 ATTACHMENTS Check Register Check Summary Department Amount Department Amount 000 General 54,034 308 E-911 119 100 City Manager (2) 309 DWI Forfeiture 26 101 Legislative 1,947 315 Economic Development 1,645,621 102 Legal Counsel 63,686 502 Park Development 200,675 110 City Clerk 968 509 CIP Fund 422,022 111 Customer Service 2,526 513 CIP Pavement Management 657,415 112 Human Resources 15 526 Transportation Fund 1,046,598 113 Communications 11,449 528 Shady Oak Rd-CR 61 North 9,788 114 Benefits & Training 16,605 445 Cable PEG 690 130 Assessing 37 539 2020 Improvement Projects 35,427 131 Finance 1,415 541 Dell Rd (Crestwood to CSAH 61)66,540 136 Public Safety Communications 1,883 543 Police Remodel 91,895 137 Economic Development 344 544 Shady Oak (FCD to Valley View)43,408 138 Community Development Admin.283 804 100 Year History 0 151 Park Maintenance 104,753 Total Capital Project Fund 4,220,222 153 Organized Athletics 208 154 Community Center 54,682 601 Prairie Village Liquor 324,266 156 Youth Programs 31,127 602 Den Road Liquor 648,903 158 Senior Center 13,288 603 Prairie View Liquor 376,989 159 Recreation Administration 6,161 605 Den Road Building 15,980 162 Arts 846 701 Water Enterprise Fund 1,221,758 163 Outdoor Center 746 702 Wastewater Enterprise Fund 481,789 168 Arts Center 1,495 703 Stormwater Enterprise Fund 161,558 180 Police Sworn 440,547 Total Enterprise Fund 3,231,243 184 Fire 21,634 186 Inspections 1,615 316 WAFTA 429 200 Engineering 18,044 802 494 Commuter Services 98,278 201 Street Maintenance 156,487 806 SAC Agency Fund 9,940 202 Street Lighting 81,190 807 Benefits Fund 1,106,906 Total General Fund 1,088,012 812 Fleet Internal Service 168,346 813 IT Internal Service 194,473 301 CDBG 9,583 814 Facilities Capital ISF 159,280 303 Cemetery Operation 7,386 815 Facilities Operating ISF 146,605 312 Recycle Rebate 13,155 816 Facilities City Center ISF 267,674 Total Special Revenue Fund 30,123 817 Facilities Comm. Center ISF 338,652 818 Dental Insurance 28,850 437 G.O. Perm. Improv. 2010A 94,803 820 Fencing Consortium 1,118 440 GO Perm Impr Ref Bonds 2011D 180,509 809 Investment Fund 19,120 441 2012A G.O. Refunding Bonds 897,591 999 Holding 2,311 442 2012B G.O. Refund Capital Impr 328,843 Total Internal Svc/Agency Fund 2,541,983 Total Debt Service Fund 1,501,746 Report Total 12,613,329 CHECK SUMMARY REPORT FOR CITY OF EDEN PRAIRIE 1/7/2025 Vendor Name Amount Account Description Business Unit Comments U S BANK 1,501,746 Principal and Interest Debt Funds Debt Payment NEW LOOK CONTRACTING INC 956,137 Improvement Contracts Transportation Fund Franlo/Eden Prairie Ctr Dr Intersection Improvements NORTHWEST ASPHALT 633,168 Improvement Contracts CIP Pavement Management PCD Pavement Rehabilitation METROPOLITAN COUNCIL 396,352 MCES User Fee Wastewater Collection Wastewater Svc Fee Jan 2025 PARAVEL 387,848 TIF Payment TIF_Paravel/Castle Ridge 2nd Half TIF Payment HEALTHPARTNERS 369,079 Insurance Health and Benefits Dec 2024 Premium EDEN PRAIRIE SCHOOL 368,500 School Liaison General Fund Refund Double Payment TP ELEVATE LLC 337,676 TIF Payment TIF-Elevate Apts 2nd Half TIF Payment UKG INC 315,912 Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.15.24 EP CONSOLIDATED PROPERTIES LLC 303,987 TIF Payment TIF-Eden Shores Senior Housing 2nd Half TIF Payment U S BANK 262,615 Principal and Interest Water Capital Debt Payment PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 233,890 PERA Health and Benefits PERA PR Ending 11.15.24 XCEL ENERGY 219,766 Electric Various Funds Electric Bills CASCADE AT TOWN CENTER 195,258 TIF Payment TIF-Lincoln Parc Apts 2nd Half TIF Payment GOODMANSON CONSTRUCTION 185,064 OCS-Other Contracted Services Park Acquisition & Development Miller Park Court Facility BITUMINOUS ROADWAYS INC 160,821 Improvement Contracts Water Capital Mount Curve Watermain Lining MINNESOTA DEPT OF REVENUE 151,735 Sales Tax Payable Various Funds Sales Tax Nov 2024 NEW LINE MECHANICAL INC 148,580 OCS-Other Contracted Services Facilities Capital Fire 1 HVAC Upgrade BITUMINOUS ROADWAYS INC 144,055 OCS-Other Contracted Services Capital Maint. & Reinvestment Parks Parking Lot Maintenance WATERS SENIOR LIVING 132,973 TIF Payment TIF-Rolling Hills Sr Hsg 2nd Half TIF Payment Kurilla Contracting Company 119,979 OCS-Other Contracted Services Capital Maint. & Reinvestment West Bluff Overlook Erosion WINDSOR PLAZA LLC 113,796 TIF Payment TIF-Town Center-Windsor Plaza 2nd Half TIF Payment XCEL ENERGY 109,426 Electric Various Funds Electric Bills DEPARTMENT OF CORRECTIONS 106,750 OCS-Other Contracted Services Various Funds August and December 2024 Work Crew Services KonectaEV 100,502 Machinery and Equipment City Hall (City Costs)DC Fast Charger Materials SOUTHVIEW DESIGN 97,684 OCS-Other Contracted Services Economic Development Fund SRF CONSULTING GROUP INC 97,509 Design & Engineering Various Funds BS&A SOFTWARE 91,610 New Software Capital Maint. & Reinvestment AMERICAN LIBERTY CONSTRUCTION, INC 80,640 Improvement Contracts Water Capital BREAKTHRU BEVERAGE MN BEER LLC 68,526 Liquor Product Received Liquor Funds WSB & ASSOCIATES INC 66,540 Design & Engineering Dell Rd (Crestwood to CSAH 61) KEYS WELL DRILLING COMPANY 62,879 Improvement Contracts Water Capital SJE INC 56,975 Improvement Contracts Wastewater Capital MINGER CONSTRUCTION INC 56,810 Improvement Contracts Stormwater Capital EXCEL LAWN & LANDSCAPE 51,931 OCS - Snow Removal Various Funds JOHNSON BROTHERS LIQUOR CO 50,880 Liquor Product Received Liquor Funds BKV GROUP 48,447 OCS - Other Contracted Services Police Remodel VERMONT SYSTEMS, INC 47,956 Software Maintenance IT Operating MINNESOTA DEPT OF HEALTH 47,227 Licenses, Taxes, Fees Utility Operations - General MICHAEL BASICH INC 43,000 OCS - Other Contracted Services Capital Maint. & Reinvestment SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 42,177 Liquor Product Received Liquor Funds SMSC ENTERPRISES 41,034 OCS - Other Contracted Services Various Funds GREGERSON ROSOW JOHNSON & NILAN LTD 39,295 Legal Legal Council LOGIS 38,885 Various IT Operating MAGNEY CONSTRUCTION INC 37,843 Improvement Contracts Water Capital BKV GROUP 36,017 OCS - Other Contracted Services Police Remodel JOHNSON BROTHERS LIQUOR CO 35,828 Liquor Product Received Liquor Funds PRAIRIE ELECTRIC COMPANY 34,310 Machinery and Equipment City Hall (City Costs) EXCEL LAWN & LANDSCAPE 34,280 OCS - Snow Removal Various Funds BREAKTHRU BEVERAGE MN BEER LLC 34,185 Liquor Product Received Liquor Funds BREAKTHRU BEVERAGE MN BEER LLC 33,633 Liquor Product Received Liquor Funds METROPOLITAN AIRPORTS COMMISSION 30,750 Other Rentals Flying Cloud Fields BREAKTHRU BEVERAGE MN WINE & SPIRITS 30,543 Liquor Product Received Liquor Funds EMPOWER 30,221 Deferred Compensation Health and Benefits JOHNSON BROTHERS LIQUOR CO 30,044 Liquor Product Received Liquor Funds HULS BROS TRUCKING INC 29,506 Lime Residual Removal Water Treatment SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 28,494 Liquor Product Received Liquor Funds JOHNSON BROTHERS LIQUOR CO 28,426 Liquor Product Received Liquor Funds NOW MICRO INC 28,050 Computers IT Operating PEARSON BROTHERS INC 27,960 Sweeping Stormwater Non-Capital SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 27,487 Liquor Product Received Liquor Funds ZIEGLER INC 26,958 Machinery and Equipment Street Maintenance ELLIE MULTIFAMILY PROPERTY LLC 26,634 TIF Payment TIF-Ellie Apartments DIVERSE BUILDING MAINTENANCE 25,642 Janitor Services Various Funds BREAKTHRU BEVERAGE MN BEER LLC 25,215 Liquor Product Received Liquor Funds DIVERSE BUILDING MAINTENANCE 25,139 Janitor Services Various Funds BREAKTHRU BEVERAGE MN WINE & SPIRITS 24,946 Liquor Product Received Liquor Funds DIVERSE BUILDING MAINTENANCE 24,864 Janitor Services Various Funds NCR PAYMENT SOLUTIONS,PA, LLC 24,079 Credit Card/Bank Fees Liquor Funds BRIDGEWATER BANK 23,977 TIF Payment TIF-Trail Point Ridge CHECK REGISTER FOR CITY OF EDEN PRAIRIE 1/7/2025 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 23,794 Liquor Product Received Various Funds WALL TRENDS INC 23,711 OCS - Buildings Various Funds BRAUN INTERTEC CORPORATION 23,410 Testing Transportation Fund GREGERSON ROSOW JOHNSON & NILAN LTD 23,342 Legal Legal Council EGAN-MCKAY ELECTRICAL CONTRACTORS INC.22,921 OCS - Equipment/Vehicles Traffic Signals SRF CONSULTING GROUP INC 22,715 Design & Engineering Various Funds BRAUN INTERTEC CORPORATION 22,377 Testing PCD Pavement Rehabilitation CENTERPOINT ENERGY 22,254 Gas General Community Center BEAUDRY OIL & PROPANE 22,037 Motor Fuels Fleet Operating TRAFFIC CONTROL CORPORATION 21,295 Improvement Contracts Transportation Fund ADVANCED ENGINEERING & ENVIROMENTAL SERV 20,968 Process Control Services Various Funds CAPITOL BEVERAGE SALES LP 20,668 Liquor Product Received Liquor Funds SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 20,459 Liquor Product Received Liquor Funds MINNESOTA LIFE INSURANCE COMPANY 19,444 Life Insurance EE/ER Health and Benefits BREAKTHRU BEVERAGE MN BEER LLC 19,340 Liquor Product Received Liquor Funds SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 19,280 Liquor Product Received Liquor Funds CAPITOL BEVERAGE SALES LP 19,268 Liquor Product Received Liquor Funds PFM ASSET MANAGEMENT LLC 19,120 Interest Investment Fund JOHNSON BROTHERS LIQUOR CO 19,089 Liquor Product Received Liquor Funds ICMA RETIREMENT TRUST-457 18,903 Deferred Compensation Health and Benefits FIDO TECH LTD 18,900 Design & Engineering Water Capital CENTERPOINT ENERGY 18,841 Gas General Community Center JOHNSON BROTHERS LIQUOR CO 18,479 Liquor Product Received Liquor Funds GRI EDEN PRAIRIE, LLC 18,412 Rent Prairie Village Liquor Store PHILLIPS WINE AND SPIRITS INC 17,930 Liquor Product Received Liquor Funds WALL TRENDS INC 16,835 OCS - Building Various Funds U.S. BANK - I-494 PURCH. CARD 16,746 Various 494 Corridor Commission PRAIRIEVIEW RETAIL LLC 16,698 Rent Prairie View Liquor Store JOHNSON BROTHERS LIQUOR CO 16,587 Liquor Product Received Liquor Funds WEX 16,524 Health Savings Account Health and Benefits VERIZON WIRELESS 16,411 Data Plans IT Operating SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 16,179 Liquor Product Received Liquor Funds WEX 16,122 Health Savings Account Health and Benefits PAYCHEX 15,979 Full time Wages 494 Corridor Commission PAYCHEX 15,979 Full time Wages 494 Corridor Commission PAYCHEX 15,979 Full time Wages 494 Corridor Commission STANTEC CONSULTING SERVICES INC 15,872 OCS - Other Contracted Services Park Acquisition & Development ABM ONSITE SERVICES-MIDWEST 15,832 Janitor Services Various Funds STANTEC CONSULTING SERVICES INC 15,713 Various Various Funds PHILLIPS WINE AND SPIRITS INC 15,709 Liquor Product Received Liquor Funds ITRON INC.15,461 Maintenance Contracts Water Metering HULS BROS TRUCKING INC 15,358 Lime Residual Removal Water Treatment WEX 15,240 Health Savings Account Health and Benefits GRAYMONT 15,220 Chemicals Water Treatment GRAYMONT 15,214 Chemicals Water Treatment MAGNEY CONSTRUCTION INC 15,100 Improvement Contracts Water Capital GRAYMONT 15,073 Chemicals Water Treatment BKJ LAND COMPANY 14,801 Improvement Contracts Stormwater Capital GRAYMONT 14,787 Chemicals Water Treatment WINE MERCHANTS INC 13,821 Liquor Product Received Liquor Funds HAWKINS INC 13,680 Chemicals Water Treatment BREAKTHRU BEVERAGE MN WINE & SPIRITS 13,549 Liquor Product Received Liquor Funds STREICHERS 13,504 Protective Clothing Police Sworn ADVANCED ENGINEERING & ENVIROMENTAL SERV 13,464 Design & Engineering Water Capital WALL TRENDS INC 13,275 OCS - Building Various Funds ASPEN EQUIPMENT CO.13,217 Autos Fleet - Water BADGER METER 12,882 Telephone Water Metering CARD CONNECT 12,323 Credit Card/Bank Fees Various Funds BREAKTHRU BEVERAGE MN BEER LLC 12,079 Liquor Product Received Liquor Funds ARTISAN BEER COMPANY 12,016 Liquor Product Received Liquor Funds SIR LINES-A-LOT 12,010 Contracted Striping Traffic Signs CENTERPOINT ENERGY 11,800 Gas Various Funds BEAUDRY OIL & PROPANE 11,793 Motor Fuels Fleet Operating CAPITOL BEVERAGE SALES LP 11,385 Liquor Product Received Liquor Funds CEDAR RIDGE LANDSCAPING 11,202 Improvement Projects 2020 Improvement Projects PHILLIPS WINE AND SPIRITS INC 11,072 Liquor Product Received Liquor Funds ST. PAUL PORT AUTHORITY 10,933 Deposits General Fund STREICHERS 10,654 Protective Clothing Police Sworn ARTISAN BEER COMPANY 10,569 Liquor Product Received Liquor Funds BREAKTHRU BEVERAGE MN BEER LLC 10,558 Liquor Product Received Liquor Funds WATER HEATERS ONLY LLC 10,466 R&M Supplies - Plumbing Ice Arena Maintenance WATER HEATERS ONLY LLC 10,466 R&M Supplies - Plumbing General Community Center BEAUDRY OIL & PROPANE 10,413 Motor Fuels Fleet Operating ARTISAN BEER COMPANY 10,405 Liquor Product Received Liquor Funds USTA NORTHERN 10,243 Instructor Service Recreation Sports BEAUDRY OIL & PROPANE 10,226 Motor Fuels Fleet Operating LHB INC 10,203 Deposits Economic Development Fund CAPITOL BEVERAGE SALES LP 10,071 Liquor Product Received Liquor Funds TWIN CITY HARDWARE 10,000 OCS - Other Contracted Services Facilities Capital VAN PAPER COMPANY 9,989 VALLEY PAVING INC 9,882 METROPOLITAN COUNCIL 9,841 DODGE OF BURNSVILLE 9,777 MINNESOTA LIFE INSURANCE COMPANY 9,727 MADISON NATIONAL LIFE INSURANCE CO INC 9,633 CAPITOL BEVERAGE SALES LP 9,607 SRF CONSULTING GROUP INC 9,583 K&S HEATING AIR PLUMBING ELECTRIC INC 9,476 FASTENAL COMPANY 9,438 PHILLIPS WINE AND SPIRITS INC 9,415 HEALTHPARTNERS 9,311 CATALYST GRAPHICS INC 9,290 PRAIRIE ELECTRIC COMPANY 9,281 SHORT ELLIOTT HENDRICKSON INC 9,278 ARTISAN BEER COMPANY 9,036 MACQUEEN EQUIPMENT INC 9,032 HYDROCORP 9,008 BREAKTHRU BEVERAGE MN WINE & SPIRITS 8,915 INTEREUM INC 8,836 VAN PAPER COMPANY 8,771 KODIAK CUSTOM LETTERING 8,760 ARTISAN BEER COMPANY 8,612 INTEGRITY REMODELING & DESIGN GROUP LLC 8,583 VALLEY RICH CO INC 8,440 JSW EMBROIDERY & TACKLE TWILL 8,394 JSW EMBROIDERY & TACKLE TWILL 8,297 YOUNGSTEDTS COLLISION CENTER 8,268 HANSEN THORP PELLINEN OLSON 8,071 BREAKTHRU BEVERAGE MN WINE & SPIRITS 8,037 MACQUEEN EQUIPMENT INC 8,023 TOTAL MECHANICAL SERVICES 8,000 HEALTHPARTNERS 7,979 COREMARK METALS 7,798 GOODPOINT TECHNOLOGY INC 7,775 PAUSTIS & SONS COMPANY 7,552 CAPITOL BEVERAGE SALES LP 7,542 METRO SALES INCORPORATED*7,523 BPAS 7,515 YOUNGSTEDTS COLLISION CENTER 7,498 HOHENSTEINS INC 7,463 HOHENSTEINS INC 7,461 WINE MERCHANTS INC 7,448 SSI KEF SLB LLC 7,402 GRAYMONT 7,392 BARR ENGINEERING COMPANY 7,344 VERTEX UNMANNED SOLUTIONS 7,202 ADVANCED ENGINEERING & ENVIROMENTAL SERV 7,114 ELECTRIC PUMP LLC 7,000 K-TECH SPECIALTY COATINGS, INC 6,992 BREAKTHRU BEVERAGE MN WINE & SPIRITS 6,982 HOHENSTEINS INC 6,939 CHICO BAG 6,919 TRACKER 6,780 JOHNSON CONTROLS 6,722 TIGER PLUMBING HEATING AND AIR 6,702 LOCKRIDGE GRINDAL NAUEN PLLP 6,667 PHILLIPS WINE AND SPIRITS INC 6,626 VALLEY RICH CO INC 6,589 BRAUN INTERTEC CORPORATION 6,540 PHILLIPS WINE AND SPIRITS INC 6,470 BARR ENGINEERING COMPANY 6,458 CAPITOL BEVERAGE SALES LP 6,443 SOCCER SHOTS 6,435 JOHNSON FITNESS & WELLNESS 6,170 LYNDALE PLANT SERVICES 6,124 CATALYST GRAPHICS INC 6,121 HORIZON COMMERCIAL POOL SUPPLY 6,105 CATALYST GRAPHICS INC 6,065 BOYER TRUCKS 6,033 DG MINNESOTA CS 2021 LLC 6,028 MIDWEST FENCE & MFG COMPANY 5,995 ERICKSON ENGINEERING COMPANY LLC 5,940 MACQUEEN EQUIPMENT INC 5,881 HOHENSTEINS INC 5,858 HENNEPIN COUNTY ACCOUNTS RECEIVABLE 5,850 BREAKTHRU BEVERAGE MN WINE & SPIRITS 5,824 EARL F ANDERSEN INC 5,818 HOHENSTEINS INC 5,799 WINE MERCHANTS INC 5,717 WAYNES HOME SERVICES 5,620 CAMFIL USA INC 5,616 TYTANN BLACKTOPPING 5,565 ALTERNATIVE BUSINESS FURNITURE INC 5,554 PAUSTIS & SONS COMPANY 5,537 EPA AUDIO VISUAL INC 5,524 PRAIRIE ELECTRIC COMPANY 5,490 PRECISION UTILITIES 5,450 MUSIC TOGETHER IN THE VALLEY LLC 5,449 DAILEY DATA & ASSOCIATES 5,400 CHASE 5,395 ARTISAN BEER COMPANY 5,394 PHILLIPS WINE AND SPIRITS INC 5,370 TYLER TECHNOLOGIES INC 5,355 HORIZON COMMERCIAL POOL SUPPLY 5,326 GARTNER REFRIGERATION & MFG INC 5,213 HAMMER COMMUNITY SOLAR LLC 5,195 TruNorth Solar LLC 5,174 PAUSTIS & SONS COMPANY 5,136 LUBE-TECH ESI 5,067 DAVE'S FLOOR SANDING & INSTALLING INC 5,064 MINNESOTA NATIVE LANDSCAPES 5,050 PRECISION UTILITIES 4,940 A. M. LEONARD 4,929 CLEAR RIVER BEVERAGE CO 4,916 METRO SALES INCORPORATED*4,856 WM CORPORATE SERVICES INC 4,852 HEALTHPARTNERS 4,846 HEALTHPARTNERS 4,846 MADISON NATIONAL LIFE INSURANCE CO INC 4,839 WEX 4,820 WINE MERCHANTS INC 4,815 MINNEAPOLIS GLASS COMPANY 4,777 LAW ENFORCEMENT LABOR SERVICES INC.4,724 TED'S CHRISTMAS LIGHTING 4,722 IMPACT PROVEN SOLUTIONS 4,713 LAW ENFORCEMENT LABOR SERVICES INC.4,653 WM CORPORATE SERVICES INC 4,622 SHADYWOOD TREE EXPERTS INC 4,615 PERA 4,614 CASTRO CLEANING LLC 4,600 HOHENSTEINS INC 4,583 COLORADO TIME SYSTEMS 4,575 THE ADVENT GROUP 4,484 INTEGRATED PROCESS SOLUTIONS INC 4,479 VINOCOPIA 4,400 WATERFRONT RESTORATION LLC 4,379 INTERSTATE POWER SYSTEMS INC 4,368 EARL F ANDERSON 4,358 ST CROIX ENVIRONMENTAL INC 4,355 CLEAR RIVER BEVERAGE CO 4,347 BLOOMINGTON, CITY OF 4,315 SSI KEF SLB LLC 4,214 WINE COMPANY, THE 4,178 HINTERLAND CSG LLC 4,166 BELLBOY CORPORATION 4,160 BCM ONE 4,151 WINE MERCHANTS INC 4,089 POLLARD WATER 4,076 ISG 4,045 POMP'S TIRE SERVICE INC 4,013 HEALTHPARTNERS 3,979 JOHN HENRY FOSTER MINNESOTA INC 3,960 CLEAR RIVER BEVERAGE CO 3,934 ETHANOL PRODUCTS LLC 3,906 GRAYBAR 3,901 WINE COMPANY, THE 3,874 BELLBOY CORPORATION 3,858 GRAINGER 3,851 GADDIS INC 3,824 HOME DEPOT CREDIT SERVICES 3,819 CHOSEN VALLEY TESTING INC 3,800 STREICHERS 3,794 Symetra Select Benefits 3,747 DISTRICT 6 3,725 SJE INC 3,709 RISE RIGHT LLC 3,675 MINNESOTA VALLEY ELECTRIC COOPERATIVE 3,669 BKJ LAND COMPANY 3,648 HEALTH STRATEGIES 3,646 BRAUN INTERTEC CORPORATION 3,630 MINNESOTA VALLEY ELECTRIC COOPERATIVE 3,559 IMPACT PROVEN SOLUTIONS 3,507 VINOCOPIA 3,502 MOHLENCAMP MCKENZIE 3,500 BELLBOY CORPORATION 3,491 BELLBOY CORPORATION 3,479 SOBANIA COMMUNITY SOLAR 3,464 BELLBOY CORPORATION 3,458 SSI KEF SLB LLC 3,455 ADVANCED ENGINEERING & ENVIROMENTAL SERV 3,425 VINOCOPIA 3,394 WEX 3,360 BROTHERS FIRE PROTECTION 3,342 HEALTHPARTNERS 3,317 LEGACY GYMNASTICS 3,308 ST CROIX ENVIRONMENTAL INC 3,300 SHADYWOOD TREE EXPERTS INC 3,240 EXCEL LAWN & LANDSCAPE 3,225 BOLTON & MENK INC 3,200 WEX 3,181 BRIN GLASS SERVICE 3,125 MAVERICK WINE LLC 3,059 BECKER ARENA PRODUCTS INC 3,026 ETHICAL LEADERS IN ACTION LLC 3,000 INTERTECH INC 2,975 XIGENT SOLUTIONS LLC 2,961 SYSCO WESTERN MINNESOTA 2,955 CATALYST GRAPHICS INC 2,934 CEMSTONE PRODUCTS COMPANY 2,826 SYSCO WESTERN MINNESOTA 2,825 SMSC ENTERPRISES 2,802 BRAUN INTERTEC CORPORATION 2,800 DOMACE VINO LLC 2,730 DIETHELM, TAMMY L 2,700 DANGEROUS MAN BREWING CO LLC 2,683 HEALTHPARTNERS OCCUPATIONAL MEDICINE 2,664 CENTERPOINT ENERGY 2,650 ARVIG 2,642 STREICHERS 2,614 THE ADVENT GROUP 2,585 METERING & TECHNOLOGY SOLUTIONS 2,556 ERICKSON ENGINEERING COMPANY LLC 2,535 KODIAK CUSTOM LETTERING 2,488 D H EXCAVATING 2,450 HAMMER COMMUNITY SOLAR LLC 2,441 CLEAR RIVER BEVERAGE CO 2,434 GENUINE PARTS COMPANY 2,423 CLEAR RIVER BEVERAGE CO 2,408 PAUSTIS & SONS COMPANY 2,389 VINOCOPIA 2,353 HEALTHPARTNERS 2,344 PERA 2,307 PERA 2,307 NOVOTX LLC 2,300 SHOOTING STAR NATIVE SEEDS INC 2,299 PAUSTIS & SONS COMPANY 2,272 ARTISAN BEER COMPANY 2,240 CDW GOVERNMENT INC.2,223 GREAT LAKES COCA-COLA DISTRIBUTION 2,220 REVOLUTIONARY SPORTS, LLC 2,203 WEX 2,202 DOMACE VINO LLC 2,166 XCEL ENERGY 2,129 HOHENSTEINS INC 2,115 MENARDS 2,115 T-MOBILE 2,078 SAMBATEK INC 2,048 PAUSTIS & SONS COMPANY 2,017 NATURAL SHORE TECHNOLOGIES INC 2,000 JAMES SCHARBER 2,000 HINTERLAND CSG LLC 1,997 MAVERICK WINE LLC 1,989 FIRE SAFETY USA INC 1,989 GREAT LAKES COCA-COLA DISTRIBUTION 1,989 SYSCO WESTERN MINNESOTA 1,981 BELLBOY CORPORATION 1,981 MEDICINE LAKE TOURS 1,960 POMP'S TIRE SERVICE INC 1,941 INTERNATIONAL UNION OF OPERATING 1,855 INTERNATIONAL UNION OF OPERATING 1,855 WINEBOW 1,848 WINEBOW 1,845 FINLEY BROS INC 1,844 INSIGHT BREWING COMPANY LLC 1,800 INSIGHT BREWING COMPANY LLC 1,796 WORTHINGTON MATT 1,782 NARAYANAN PG 1,780 THE ADVENT GROUP 1,776 POWERPLAN OIB 1,776 FCP SERVICES 1,772 KRISS PREMIUM PRODUCTS INC 1,760 POMP'S TIRE SERVICE INC 1,755 SUBURBAN WILDLIFE CONTROL INC 1,725 BOUND TREE MEDICAL LLC 1,720 WINE MERCHANTS INC 1,715 GIRARD'S BUSINESS SOLUTIONS INC 1,714 CENTURYLINK 1,709 VARITECH INDUSTRIES INC 1,707 SOBANIA COMMUNITY SOLAR 1,705 PRYES BREWING COMPANY 1,701 FAT PANTS BREWING CO LLC 1,690 PAUSTIS & SONS COMPANY 1,685 INNOVATIVE GRAPHICS 1,685 ADS ON BOARDS 1,670 LEXISNEXIS RISK SOLUTIONS FL INC 1,667 DOMACE VINO LLC 1,638 MN DEPT OF TRANSPORTATION 1,629 FIDELITY SECURITY LIFE INSURANCE CO 1,628 STRYKER SALES CORPORATION 1,614 LAKE COUNTRY DOOR LLC 1,614 STAN MORGAN & ASSOCIATES, INC 1,607 LEAST SERVICES COUNSELING 1,605 PUMP AND METER SERVICE 1,597 GOPHER STATE ONE-CALL 1,580 XCEL ENERGY 1,578 BRIN GLASS SERVICE 1,565 MEGA BEER 1,564 FENDLER PATTERSON CONSTRUCTION 1,564 BOURGET IMPORTS 1,562 LITTLE FALLS MACHINE INC 1,560 WINEBOW 1,552 OUTDOOR ENVIRONMENTS INC 1,539 MAVERICK WINE LLC 1,539 GREAT LAKES COCA-COLA DISTRIBUTION 1,529 SCOTT NELSON COACHING INC 1,500 OOMA INC 1,468 CDW GOVERNMENT INC.1,445 YORKTOWN OFFICES 1,440 JOHN HENRY FOSTER MINNESOTA INC 1,440 GREAT LAKES COCA-COLA DISTRIBUTION 1,434 SHORT ELLIOTT HENDRICKSON INC 1,434 GREAT LAKES COCA-COLA DISTRIBUTION 1,427 MARTIN MARIETTA MATERIALS 1,426 MEGA BEER 1,426 DRAG N FLY WIRELESS INC 1,425 VESTIS SERVICES LLC 1,424 AMERICAN KARATE STUDIO INC 1,390 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 1,357 DREW'S CONCESSIONS LLC 1,351 POMP'S TIRE SERVICE INC 1,351 BELL ANDREW 1,350 MARCO INC 1,349 ADVANTAGE PROPERTY MAINTENANCE INC 1,320 SSI KEF SLB LLC 1,308 FIRE SAFETY USA INC 1,296 HENNEPIN COUNTY FIRE CHIEF ASSOC 1,275 LUPULIN BREWING COMPANY 1,273 SPS COMPANIES 1,271 POMP'S TIRE SERVICE INC 1,269 MARTIN-MCALLISTER 1,250 AFFORDABLE BEST CATERING 1,249 LUPULIN BREWING COMPANY 1,249 PRECISE MRM LLC 1,242 PRECISE MRM LLC 1,242 XIGENT SOLUTIONS LLC 1,229 NEW FRANCE WINE COMPANY 1,214 AIRGAS USA LLC 1,212 ALTERNATIVE BUSINESS FURNITURE INC 1,201 BIFFS INC 1,193 SCHMIDT, MATT 1,189 METROPOLITAN FORD 1,189 MINNESOTA CLAY CO. USA 1,175 MAVERICK WINE LLC 1,166 MCNEILUS STEEL INC 1,160 PREMIER FENCE INC 1,148 METRO SALES INCORPORATED*1,148 MEGA BEER 1,142 MENARDS 1,133 STEEL TOE BREWING LLC 1,129 Stevens Brian W 1,125 BELLBOY CORPORATION 1,125 DANGEROUS MAN BREWING CO LLC 1,120 LEAGUE MN CITIES INS TRUST WC 1,118 CONCRETE CUTTING AND CORING 1,117 HACH COMPANY 1,112 FIRE SAFETY USA INC 1,095 WSB & ASSOCIATES INC 1,095 TWIN CITIES DOTS AND POP LLC 1,089 SMALL LOT MN 1,085 AIRGAS USA LLC 1,077 WINE MERCHANTS INC 1,059 RISE RIGHT LLC 1,050 INTERTECH INC 1,050 MEDICINE LAKE TOURS 1,040 UKG INC 1,038 UNMAPPED BREWING CO 1,036 PETERSON BROS ROOFING AND CONSTRUCTION I 1,033 BERRY COFFEE COMPANY 1,028 DOMACE VINO LLC 1,023 MEDICINE LAKE TOURS 1,020 FORCE AMERICA 1,016 MHSRC/DDP 1,016 DAKOTA SUPPLY GROUP INC 1,016 BECKER ARENA PRODUCTS INC 1,011 MARTIN-MCALLISTER 1,000 MAVERICK WINE LLC 998 VINOCOPIA 982 RED BULL DISTRIBUTING COMPANY INC 979 VINOCOPIA 976 NORTH PINE AGGREGATE, INC 968 WEX 951 WINEBOW 950 INDIGO SIGNWORKS, INC.950 INSIGHT BREWING COMPANY LLC 950 REINDERS INC 936 AIRGAS USA LLC 929 HAAK LORI 925 MTI DISTRIBUTING INC 924 WIESE USA 912 TWIN CITIES DOTS AND POP LLC 907 RECYCLE AWAY, LLC 907 CARLSON, THOR 905 AMERICAN EXPRESS 901 HANSEN THORP PELLINEN OLSON 900 USA SECURITY 900 PETERSON COUNSELING AND CONSULTING LLC 900 GREEN ACRES SPRINKLER COMPANY 900 PRYES BREWING COMPANY 896 GERTENS 888 KUSSKE CONSTRUCTION 884 WOODEN HILL BREWING COMPANY LLC 873 CLEAR RIVER BEVERAGE CO 864 MODIST BREWING COMPANY 861 CEF EP COMMUNITY SOLAR LLC 861 FASTENAL COMPANY 860 MODIST BREWING COMPANY 857 HENNEPIN COUNTY I/T DEPT 853 ALLEGRA PRINTING 852 CINTAS CORPORATION 849 VENN BREWING COMPANY 844 SOLUTION BUILDERS 843 LEXISNEXIS RISK SOLUTIONS FL INC 833 WEX 833 INSIGHT BREWING COMPANY LLC 833 WEX 823 AIRGAS USA LLC 819 GLYNN JULIETTE 818 R & R SPECIALTIES OF WISCONSIN INC 816 MENARDS 815 INNOVATIVE GRAPHICS 815 ABRAMOVICH GENNADIY 814 PAFFY'S PEST CONTROL 810 PRINCIPAL FINANCIAL GROUP 803 PRINCIPAL FINANCIAL GROUP 803 JACK NORQUAL 803 NORTH AMERICAN SAFETY INC 799 STABLE PATH HOA 792 TRAFFIC CONTROL CORPORATION 790 HANSEN THORP PELLINEN OLSON 769 CINTAS CORPORATION 766 SWANK MOTION PICTURES INC 765 FASTENAL COMPANY 761 VINOCOPIA 758 NATIVE RESOURCE PRESERVATION 753 LEAST SERVICES COUNSELING 750 EDINA, CITY OF 740 GRAINGER 732 HEALTHPARTNERS OCCUPATIONAL MEDICINE 731 FERRELLGAS 728 WATER CONSERVATION SERVICES INC 724 WEX 722 BIG STATE INDUSTRIAL SUPPLY INC 721 FLYING CLOUD TRANSFER STATION 4553 717 SIGN SOLUTIONS USA 712 SEBCO INC 700 UNMAPPED BREWING CO 700 FERRENTINO, CANDYCE 697 VENN BREWING COMPANY 696 RISE RIGHT LLC 684 STEEL TOE BREWING LLC 681 GOPHER STATE ONE-CALL 676 INSIGHT BREWING COMPANY LLC 663 SAINT CROIX VINEYARDS, INC.658 BERRY COFFEE COMPANY 657 WEX 651 IDENTISYS 651 CLEAR RIVER BEVERAGE CO 650 US BANK - CREDIT CARD MERCHANT ONLY 642 VENN BREWING COMPANY 640 NATIONAL MARTIAL ARTS ASSOCIATION, INC 623 NATIONAL MARTIAL ARTS ASSOCIATION, INC 623 ASPEN WASTE SYSTEMS INC.622 MENARDS 617 JSW EMBROIDERY & TACKLE TWILL 615 STRYKER SALES CORPORATION 614 ASPEN WASTE SYSTEMS INC.612 HANSEN THORP PELLINEN OLSON 602 ULINE 600 MINNESOTA NATIVE LANDSCAPES 600 METRO CONCRETE RAISING INC 600 AM Construction Supply Inc 600 ACME TOOLS 599 I-STATE TRUCK CENTER 591 I-STATE TRUCK CENTER 591 SPS COMPANIES 584 M-K GRAPHICS 583 M-R SIGN CO INC 581 COMMERCIAL DOOR SYSTEMS INC 575 PETERSON COUNSELING AND CONSULTING LLC 570 HEADFLYER BREWING 567 EDAM 565 PMA FINANCIAL NETWORK INC 559 MENARDS 558 FERGUSON WATERWORKS 557 WINEBOW 554 ARCPOINT LABS OF EDINA 554 BATTERIES PLUS BULBS 549 CORE & MAIN 548 WOODEN HILL BREWING COMPANY LLC 547 FLAHERTYS HAPPY TYME COMPANY 546 METROPOLITAN FORD 546 THE OASIS GROUP 543 AMERICAN RED CROSS 540 INSIGHT BREWING COMPANY LLC 540 VESTIS SERVICES LLC 537 WINE COMPANY, THE 534 RISE RIGHT LLC 525 CARLSTON, BRANDON 524 GRAINGER 521 MEGA BEER 516 DANGEROUS MAN BREWING CO LLC 516 FERGUSON WATERWORKS 511 LOAD'EM UP TRAILERS RENTAL AND SALES 510 MINNESOTA VALLEY ELECTRIC COOPERATIVE 508 AMAZING ATHLETES OF CENTRAL MN 504 BOLTON & MENK INC 503 LIBATION PROJECT 501 SCOTT COUNTY SHERIFF'S OFFICE 500 SCOTT COUNTY TREASURER 500 BRIN GLASS SERVICE 498 STANDARD SPRING PARTS 489 I-STATE TRUCK CENTER 485 INVICTUS BREWING CO 478 FASTENAL COMPANY 475 DAKOTA SUPPLY GROUP INC 475 LIBERTY TIRE SERVICES LLC 473 BATTERIES PLUS BULBS 468 DODGE OF BURNSVILLE 468 BRO-TEX INC 458 HENNEPIN COUNTY I/T DEPT 453 WEX 452 RISE RIGHT LLC 450 DIVERSE BUILDING MAINTENANCE 444 UKG INC 442 SAFETY SIGNS 437 WEX 433 DIVERSE BUILDING MAINTENANCE 433 TRI STATE BOBCAT INC.431 CAMPBELL KNUTSON, P.A.429 BERGMAN LEDGE LLC 429 HENNEPIN COUNTY I/T DEPT 429 WINE COMPANY, THE 425 MARBLE MEDORI 417 PARLEY LAKE WINERY 414 INBOUND BREW CO 414 SMALL LOT MN 410 WINE COMPANY, THE 410 WINE COMPANY, THE 410 NESSLER STEVEN 410 INVICTUS BREWING CO 408 BOUNDLESS NETWORK 400 CONCRETE CUTTING AND CORING 394 VESTIS SERVICES LLC 390 LAKE COUNTRY DOOR LLC 388 BOURGET IMPORTS 380 SEJKORA PATRICK 376 DODGE OF BURNSVILLE 376 METROPOLITAN FORD 376 GREGOIRE, DAVID 375 NAC 374 WM CORPORATE SERVICES INC 370 GREATAMERICA FINANCIAL SVCS 370 NOVACARE REHABILITATION 370 GRAINGER 369 SUBURBAN CHEVROLET 366 COMCAST 363 MEGA BEER 358 PRAIRIEVIEW RETAIL LLC 357 ASSURED SECURITY 356 SUBURBAN CHEVROLET 353 JERRY MITCHELL 352 BIG STATE INDUSTRIAL SUPPLY INC 352 QUALITY PROPANE 352 TWIN CITY MONUMENT CO 350 MPPOA 350 MINNESOTA AIR INC 350 BOURGET IMPORTS 346 DEVILBISS JAYDEN 346 SHAMROCK GROUP, INC - ACE ICE 334 CERTIFIED APPLIANCE RECYCLING 328 CONTINENTAL SAFETY EQUIPMENT 328 MINNESOTA DEPT OF REVENUE 325 MODIST BREWING COMPANY 325 CLAREY'S SAFETY EQUIPMENT 325 INBOUND BREW CO 322 STAAF, CARTER 319 CUSTOM HOSE TECH 318 BARREL THEORY BEER COMPANY 314 ASTLEFORD EQUIPMENT COMPANY INC 310 LUCE LINE BREWING CO LLC 310 SMALL LOT MN 309 BARNA, GUZY & STEFFEN ,LTD 306 LANDS END CORPORATE SALES 301 COMCAST 301 WES STRAIT DRON 300 RISE RIGHT LLC 300 HIRSHFIELD'S 300 LAKE COUNTRY DOOR LLC 299 STAAF, CARTER 298 US BANK - PAYMODE 296 T-MOBILE 296 PROP - PR 296 PROP - PR 296 AM CRAFT SPIRITS SALES & MARKETING 294 MR CUTTING EDGE 291 QUALITY PROPANE 291 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 291 FAT PANTS BREWING CO LLC 288 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 287 STEEL TOE BREWING LLC 287 METRO ELEVATOR 284 CORE & MAIN 280 56 BREWING LLC 280 DELTA DENTAL 278 DELTA DENTAL 278 ELM CREEK BREWING COMPANY 277 MUEHLBAUER, THOMAS G 270 DANGEROUS MAN BREWING CO LLC 264 FOUNDATION THE 263 HENNEPIN COUNTY ACCOUNTS RECEIVABLE 262 WINEBOW 261 ECM PUBLISHERS INC 257 BOYER TRUCKS 256 CONCRETE CUTTING AND CORING 256 DEALER AUTOMOTIVE SERVICES INC 256 SHAMROCK GROUP, INC - ACE ICE 255 COMCAST 255 FLEETPRIDE INC 252 HEADFLYER BREWING 252 DIRECTV 251 HESSEL, ZACK 250 ST. ANDREW LUTHERAN CHURCH 250 SUMMER LAKES BEVERAGE LLC 248 WEX 245 DIRECTV 245 AMERICAN RED CROSS 244 CEF EP COMMUNITY SOLAR LLC 242 ESTRINE, ROBERT 240 NESSLER STEVEN 239 AM CRAFT SPIRITS SALES & MARKETING 239 BARRIE SPENCER 239 BARREL THEORY BEER COMPANY 237 UNMAPPED BREWING CO 236 WEX 234 EDEN PRAIRIE SCHEELS 234 VESTIS SERVICES LLC 230 TRANSUNION RISK & ALTERNATIVE DATA 228 VANCO SERVICES 227 SINON, CORY 227 TRANSUNION RISK & ALTERNATIVE DATA 227 EDINA, CITY OF 225 NEW FRANCE WINE COMPANY 225 STARRY EYED BREWING LLC 222 JOHNSON KARLEIGH 220 BARREL THEORY BEER COMPANY 216 STEEL TOE BREWING LLC 215 ALLEGRA PRINT & IMAGING 210 WOODEN HILL BREWING COMPANY LLC 209 SHAMROCK GROUP, INC - ACE ICE 207 LUPULIN BREWING COMPANY 207 LANDS END CORPORATE SALES 205 SHAMROCK GROUP, INC - ACE ICE 202 STEEL TOE BREWING LLC 202 DEAN BRYAN 202 ECM PUBLISHERS INC 202 SITEONE LANDSCAPE SUPPLY, LLC 201 MADISON, MELISSA 201 INVICTUS BREWING CO 198 LANDS END CORPORATE SALES 197 BATTERIES PLUS BULBS 197 OPTUM HEALTH 195 OFFICE OF MN IT SERVICES 195 COMCAST 192 BROADWAY AWARDS 190 ASTLEFORD EQUIPMENT COMPANY INC 186 MR CUTTING EDGE 186 ABRAMOVICH GENNADIY 186 NEW FRANCE WINE COMPANY 181 COMCAST 180 CENTURYLINK 180 HIGHWAY 5 BP 178 TWIN CITY MONUMENT CO 175 BOURGET IMPORTS 175 ARBEITER BREWING COMPANY LLC 174 SOLUTION BUILDERS 174 PAFFY'S PEST CONTROL 173 MINNESOTA ICE SCULPTURES LLC 171 US POSTMASTER - HOPKINS 171 MINNESOTA ICE SCULPTURES LLC 170 FAT PANTS BREWING CO LLC 170 56 BREWING LLC 170 LIBATION PROJECT 169 ARBEITER BREWING COMPANY LLC 168 TIMESAVER OFF SITE SECRETARIAL INC 167 ADAMS PEST CONTROL INC 162 JOHNSTONE SUPPLY 160 MARIE RIDGEWAY LICSW LLC 160 COMCAST 158 INBOUND BREW CO 156 56 BREWING LLC 156 SHAMROCK GROUP, INC - ACE ICE 155 NEW FRANCE WINE COMPANY 155 HACH COMPANY 154 BERGMAN LEDGE LLC 154 SEJKORA PATRICK 151 CONTINENTAL SAFETY EQUIPMENT 150 USA SECURITY 150 VENN BREWING COMPANY 150 BARREL THEORY BEER COMPANY 149 MOTION INDUSTRIES INC.149 CINTAS CORPORATION #470 146 CINTAS CORPORATION #470 146 ZIEGLER INC 145 BUILDING CONTROLS & SOLUTIONS 144 PARLEY LAKE WINERY 144 WEX 144 GRAINGER 144 LEONARD, MICHELLE 141 SHRED RIGHT 137 VESTIS SERVICES LLC 137 SHAMROCK GROUP, INC - ACE ICE 136 BARNA, GUZY & STEFFEN ,LTD 136 PROPIO LS LLC 134 HENNEPIN COUNTY TREASURER 133 DAXKO LLC 133 DAXKO LLC 133 PAYCHEX 133 WOODEN HILL BREWING COMPANY LLC 131 MODIST BREWING COMPANY 130 ELM CREEK BREWING COMPANY 130 MULVANEY, JOSH 130 FACTORY MOTOR PARTS COMPANY 130 HEADFLYER BREWING 126 CORE & MAIN 125 JODY KNIGHT 125 KELLY DEROUIN 125 RECKER, KATHRYN ROSSO 125 SHAMROCK GROUP, INC - ACE ICE 123 ASPEN MILLS 123 TWIN CITY SEED CO 122 MINNESOTA SECRETARY OF STATE - NOTARY 120 RETRO BAKERY 120 AM CRAFT SPIRITS SALES & MARKETING 120 PAYA 120 COMCAST 119 COMCAST 119 SHRED RIGHT 118 ARCPOINT LABS OF EDINA 118 OFFICE OF MN IT SERVICES 117 WEX 116 JIM ZUSAN 114 STERICYCLE INC 114 COMCAST 113 WEX 112 RED BULL DISTRIBUTING COMPANY INC 108 ALYSSA BARRETT 108 APPLIED CONCEPTS, INC.108 WEX 107 KOMROSKY, HANK 106 56 BREWING LLC 106 WEX 104 BROWN MICHAEL 104 COMCAST 103 INBOUND BREW CO 102 INBOUND BREW CO 102 BROMBACK ERIC 101 SUSAN STRAND 100 PROSOURCE SUPPLY 99 DEVILBISS JAYDEN 98 GEIS, ROB 97 DALE E. EVANS 97 COMCAST 97 UPS 96 WEX 94 ANDERSON LAKES ANIMAL HOSPITAL 94 FADDEN, TIMOTHY 93 TRUE BRANDS 92 SHRED RIGHT 91 LANO EQUIPMENT INC 91 CHC CREATING HEALTHIER COMMUNITIES 90 MINNESOTA POLLUTION CONTROL AGENCY 90 CHC CREATING HEALTHIER COMMUNITIES 90 TODD JUDY 89 CULLIGAN BOTTLED WATER 88 DAILEY DATA & ASSOCIATES 85 A CLEAR SOLUTION AUTO GLASS REPAIR 85 COMCAST 84 COMCAST 84 WEX 84 HOFFER, CLETIS 83 PAYCHEX 83 PAYCHEX 83 SCHULZE, CARTER 81 SCHLOSSMACHER, JIM 80 MRPA/MASS 80 HENNEPIN COUNTY WARRANT OFFICE 80 CWKK CRIME DEX 79 HOANG ALISA 79 CUSTOM HOSE TECH 78 MINNESOTA TROPHIES & GIFTS 76 SMITH CARINA 75 OLSON, ROBERT 74 BARNES, BELINDA A.74 JAIRUS JUSTUS 74 MINNESOTA EQUIPMENT 74 BICKLER, JILL 72 TRUE BRANDS 72 STAAF, CARTER 71 COMCAST 68 LANE JAIMI 67 MPX GROUP, THE 65 Manbeck Angela M 63 CUB FOODS EDEN PRAIRIE 63 UNMAPPED BREWING CO 62 LINDAHL, DAVID 61 MINNESOTA TROPHIES & GIFTS 60 DOHERTY, SANDRA L 60 DEPARTMENT OF PUBLIC SAFETY 60 ZIEGLER INC 57 COMCAST 56 CARLSTON, BRANDON 56 SUBURBAN CHEVROLET 56 SHAKOPEE BREWHALL 54 SITEONE LANDSCAPE SUPPLY, LLC 54 ANDREWS, JOHN 52 COMCAST 51 COMCAST 51 CHARTER COMMUNICATIONS 50 Scott Nelson 50 SUBURBAN CHEVROLET 49 PAULA WYMAN 48 RDO EQUIPMENT CO 47 XCEL ENERGY 46 TRUSTEES OF THE HAMLINE UNIVERSITY OF MN 46 ROCKEY, JOSH 46 GREGERSON ROSOW JOHNSON & NILAN LTD 45 BOSACKER MIKE 44 SHULTS TATYANA 43 ANTONOVICH, HEATHER 43 SHULTS TATYANA 42 RAHIMI, RENEE 42 MARTH JENNIFER 42 MANBECK, KEVIN 42 HEINRICHS ERICA 42 HEINE MINDY 42 GIBBS ELIZABETH 42 EDEN PRAIRIE CRIME PREVENTION FUND 42 TULLY KEIKO 40 HEINE MINDY 40 HUNT MARGARET 40 KIRCHBERG KIRA 40 CUSTOM HOSE TECH 39 MANBECK, KEVIN 38 UPS 38 DALCO 38 BROOKS JARED 37 MINNESOTA TROPHIES & GIFTS 36 TSAI LULU 35 MARCI JOHNSTON 35 TICKNOR LORI 35 CORDER TRICIA 35 XCEL ENERGY 34 COMCAST 34 ASPEN MILLS 34 WEX 31 PRAIRIE LAWN AND GARDEN 31 SHAWN HOFFMAN-BRAM 30 HENNEPIN COUNTY I/T DEPT 29 MRI SOFTWARE LLC 27 HANSON JIM 27 TOLL GAS AND WELDING SUPPLY 26 STATE OF MINNESOTA 26 TOLL GAS AND WELDING SUPPLY 26 TICKNOR LORI 25 YORKTOWN OFFICES 25 WINSUPPLY EDEN PRAIRIE MN CO 25 MINNESOTA TROPHIES & GIFTS 24 SPOK, INC.23 PROPIO LS LLC 22 SPOK, INC.22 MEREDITH KATE 21 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 21 BOYER TRUCKS 21 STARKE, TINO 21 EDEN PRAIRIE CRIME PREVENTION FUND 21 EDEN PRAIRIE CRIME PREVENTION FUND 21 SHIRLEY PRICHARD 20 CHRIS CASTLE INC 20 MILLE LACS COUNTY 20 MONEY MOVERS INC 19 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 18 SQUARE 18 NCPERS GROUP LIFE INSURANCE 16 NCPERS GROUP LIFE INSURANCE 16 MINNESOTA VALLEY ELECTRIC COOPERATIVE 15 NELSON, ROBIN 14 FIDELITY SECURITY LIFE INSURANCE CO 13 Hayad Abdi 12 HOFFER, LINDA 12 MENARDS 11 CULLIGAN BOTTLED WATER 10 CULLIGAN BOTTLED WATER 10 PERA 10 MRI SOFTWARE LLC 9 JERRY'S ENTERPRISES INC 9 NCR PAYMENT SOLUTIONS,PA, LLC 8 SYKORA CHERYL 6 Reed Presnell 5 COMCAST 4 COMCAST 4 OLSEN CHAIN & CABLE 3 12,613,329 City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Ordinances and Resolutions Item Number: XI.A. Department: Community Development / Planning Julie Klima / Jeremy Barnhart ITEM DESCRIPTION An amendment to Chapter 9 related to fences and intersection impacts, establishing permissible fence height, materials, and locations within the city. The ordinance also defines prohibited materials, and provides for barbed wire in certain uses. REQUESTED ACTION Move to approve the first reading of the Ordinance to amend Chapter 9 relative to fences and vision impacts. SUMMARY In August 2024 the City Council directed staff to research an amendment to regulate electrified and barbed wire fencing in in the city. This type of fencing can be an attractive nuisance to children and cause harm when placed inappropriately. Research of peer cities indicates that many cities regulate barbed wire fencing. Many prohibit barbed wire below a certain height (Edina 8 ft) or below a certain height in non-residential districts (Bloomington, St. Louis Park, Minneapolis). There are a handful of known areas in Eden Prairie that use barbed wire fencing. They include the airport, electric transfer facilities, industrial storage yards, and at least 2 private agricultural areas. The proposed ordinance consolidates fence regulations from the zoning code into one location in Chapter 9, (Public Protection, Crimes and Offenses), for user clarity. The ordinance provides definitions, height limitations, permitting requirements. The ordinance also outlines permitted and prohibited materials, consistent with current practice. The ordinance allows barbed wire and above ground electric wire fencing in certain areas and situations, including government and infrastructure uses, the airport, and in agricultural areas, or temporarily invasive species mitigation. The regulations are generally consistent with those of peer cities. ATTACHMENTS Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.76 RELATING TO THE REGULATION OF FENCES AND SECTION 9.77 RELATING TO VISION CLEARANCE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9 is amended by adding a new Section 9.76 to read as follows: SECTION 9.76. - FENCES Subd. 1. Definitions. As used in this section, the following terms have the following meanings: Fence means any partition, structure, wall, or gate erected as a divider, marker, barrier, or enclosure, and located along the boundary or within the required yard of a lot. Required yard has the meaning given in City Code Section 11.02. Subd. 2. Height; Permit Requirement. A. Height. Fences shall not exceed seven (7) feet in height and may occupy any yard. B. Fences above 7 feet shall be prohibited. Building Code. Fences shall be constructed in accordance with applicable Building Code. Subd. 3. Materials. A. Permitted Materials. Fences must be constructed of permanent materials designed for permanent fencing. Any wood used must be resistant to decay. B. Prohibited Materials. Fences may not be constructed of razor wire, barbed wire, chain link with slats, chicken wire, rope, cable, railroad ties, landscape timbers, utility poles, mesh of any type, tarps, electrically charged wire or any other similar materials, or any other materials not specifically manufactured for permanent fencing. Such materials are prohibited, with the following exceptions: 1. Chicken wire may be used as fencing for the keeping of chickens when permitted by Section 9.74. 2. Barbed wire may be used at an airport, data center, City-owned building or facility, public infrastructure, or similar use approved by the City Planner, provided that the height of the barbed wire may not be less than six and one- half (6½) feet above grade. 3. Electric fencing may be used to contain animals used in the treatment of invasive vegetation with the approval of the City Forester. 4. Temporary construction fencing, including but not limited to erosion control hay bales, fabric, and plastic, may be used on a construction site but must be removed following the elimination of hazards or completion of the construction project. Subd. 4. Shoreland. In addition to meeting all other requirements of this section, fences in shoreland areas as provided in City Code § 11.50 must comply with the following requirements. Terms used in this subdivision 4 have the meanings given in Section 11.50, subdivision 2.E. A. Fences must be set back at least ten (10) feet from the ordinary high water level; B. Solid fences are not permitted within the shore impact zone; C. Fences may not be located within wetlands or wetland buffer areas; D. Fences must be located outside of bluff impact zones and steep slopes; and E. Within the shore impact zone, fences must be installed and maintained without removal of healthy native vegetation. Subd. 5. Exemption. Fences in the Park and Open Space District are exempt from the requirements and restrictions of this section. Fencing standards for the Parks and Open Space District are set forth in City Code Section 11.37. Section 2. City Code Chapter 9 is amended by adding a new Section 9.77 to read as follows: SECTION 9.77. – VISION CLEARANCE No fence, hedge, or other vegetation exceeding thirty (30) inches in height, or trees pruned even to a height less than eight (8) feet, are permitted where there will be interference with traffic sight distance as determined by the City Engineer. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 9.99 entitled “Violation a Misdemeanor or Petty Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall be in effect from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the _____ day of _______________, 2025, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of __________________, 2025. ____________________________ ______________________________ David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on __________________, 2025. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.A. Department: Administration / Office of the City Manager ITEM DESCRIPTION Designate official City newspaper. REQUESTED ACTION Move to adopt a Resolution designating the Eden Prairie Sun Sailor as the official City newspaper for the year 2025. SUMMARY This designation is required on an annual basis. Since the Eden Prairie News published their final newspaper in April 2020, the Eden Prairie Sun Sailor (formerly Sun Current) has been the official newspaper for Eden Prairie. ATTACHMENTS Eden Prairie Sun Sailor bid Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION DESIGNATING THE OFFICIAL CITY NEWSPAPER BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota that the Eden Prairie Sun Sailor be designated as the official City newspaper for the year 2025. ADOPTED by the City Council of the City of Eden Prairie, on this 7th day of January 2025. ______________________________ Ronald A. Case, Mayor ATTEST: ______________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.B. Department: Administration / Office of the City Manager ITEM DESCRIPTION Designate official meeting dates, time, and place for the City of Eden Prairie Council in 2025 and appointing Acting Mayor. REQUESTED ACTION Move to adopt a Resolution designating the official meeting dates, time, and place for the City of Eden Prairie Council in 2025 and appointing Council Member _____________ as Acting Mayor. SUMMARY This resolution requires approval on an annual basis. Council Member Kathy Nelson served as Acting Mayor in 2024. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION DESIGNATING THE OFFICIAL MEETING DATES, TIME AND PLACE FOR THE CITY OF EDEN PRAIRIE COUNCIL IN 2024 AND APPOINTING ACTING MAYOR BE IT RESOLVED, by the City Council of the City of Eden Prairie, Minnesota, that they meet on the first and third Tuesdays of each month at 7:00 P.M. in the Eden Prairie City Center Council Chambers, 8080 Mitchell Road, Eden Prairie, MN 55344. Council Workshops will be held at 5:00 P.M. and Open Podiums will be held at 6:30 p.m. prior to regularly scheduled Council meetings. Robert’s Rules of Order will prevail; and BE IT RESOLVED, that the first meeting of 2025 will be held on January 7 and the second meeting in January will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in June and July will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in August and November will be held on the third Tuesday of the month; and BE IT RESOLVED, that the only Council meeting in December will be held on the first Tuesday of the month; and BE IT RESOLVED, that the first meeting of 2026 will be held on January 6; and BE IT FURTHER RESOLVED, that Council Member ___________ is hereby appointed to be the Acting Mayor in the absence of the Mayor. ADOPTED by the City Council of the City of Eden Prairie, on this 7th day of January 2025. ________________________ Ronald A. Case, Mayor ATTEST: _________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.C. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appoint Commissioners to the Eden Prairie Housing and Redevelopment Authority. REQUESTED ACTION Move to adopt a Resolution appointing City Council Members to serve as Commissioners for the Eden Prairie Housing and Redevelopment Authority; and appointing Ron Case as Chair; Rick Getschow as Executive Director and Council Member ____________ as Secretary for calendar year 2025. SUMMARY This resolution requires approval on an annual basis. Council Member Kathy Nelson served as Secretary in 2024. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION APPOINTING COMMISSIONERS TO THE EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY WHEREAS, the Mayor has the authority to appoint the members of the Eden Prairie Housing and Redevelopment Authority (HRA); and WHEREAS, the Mayor has appointed the members of the Eden Prairie City Council, to- wit: Ron Case, Kathy Nelson, Mark Freiberg, PG Narayanan and Lisa Toomey, to serve as the commissioners of the Eden Prairie HRA for terms of office concurrent with their terms as members of the Council; and WHEREAS, the Commissioners of the Housing and Redevelopment Authority in and for the City of Eden Prairie (HRA) have authority to make appointments. NOW THEREFORE, BE IT RESOLVED, that the City Council affirms the appointments made for the terms set forth above and hereby appoints Ron Case as Chair; Rick Getschow as Executive Director and Council Member _________ as Secretary of calendar year 2025. ADOPTED, by the City Council of the City of Eden Prairie, on this 7th day of January 2025. __________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.D. Department: Administration / Office of the City Manager ITEM DESCRIPTION Designate Director and Alternate Director to the Suburban Rate Authority. REQUESTED ACTION Move to adopt a Resolution designating ________________ as the Director and ________________ as the Alternate Director to the Suburban Rate Authority. SUMMARY This resolution requires approval on an annual basis. Public Works Director Robert Ellis served as the Director and Council Member Mark Freiberg served as the alternate Director to the Suburban Rate Authority since 2019. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025–___ A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY BE IT RESOLVED, that the City Council of the City of Eden Prairie hereby designates ____________ as the Director and _____________ as the Alternate Director of the Suburban Rate Authority for 2024. ADOPTED, by the City Council of the City of Eden Prairie, on this 7th day of January 2025. ____________________________ Ronald A. Case, Mayor ATTEST: __________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.E. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointments to the Fire Relief Association. REQUESTED ACTION Move to adopt a Resolution appointing ________________ and ________________ to the Eden Prairie Fire Relief Association. SUMMARY Minnesota Statute states that three municipal trustees are to be appointed to the fire relief association. They must be: •One elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually •The chief of the municipal fire department Council Member Kathy Nelson and Finance Manager Tammy Wilson served on the Fire Relief Association since 2022. The appointment of the Fire Chief is automatic according to statute. ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ A RESOLUTION APPOINTING MEMBERS TO THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD WHEREAS, MN Statutes 424A. 04 provides for three municipal representatives on the Fire Relief Association Board of Trustees; and WHEREAS, the three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal representatives by the municipal governing board annually and the chief of the municipal fire department. NOW THEREFORE, BE IT RESOLVED, that the City Council appoints __________ and ___________ to serve on the Eden Prairie Fire Relief Association Board of Trustees for 2025. ADOPTED, by the City Council of the City of Eden Prairie, on the 7th day of January 2025. _________________________ Ronald A. Case, Mayor ATTEST: _________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.F. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to the National League of Cities. REQUESTED ACTION Move to approve appointment of ___________________ as Delegate and Council Members as Alternates to the National League of Cities. SUMMARY This appointment is approved on an annual basis. Mayor Case has served as Delegate since 2019. ATTACHMENTS None. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.G. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to the Municipal Legislative Commission. REQUESTED ACTION Move to approve appointment of ___________________ and ___________________ as alternate to the Municipal Legislative Commission. SUMMARY This appointment is approved on an annual basis. Mayor Case has served as Delegate since 2019. Council Member Toomey has served as alternate since 2023. ATTACHMENTS None. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.H. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to the Southwest Cable Commission. REQUESTED ACTION Move to approve appointment of ___________________ to the Southwest Cable Commission. SUMMARY This appointment is approved on an annual basis. Council Member Freiberg has served on the Southwest Cable Commission since 2019. ATTACHMENTS None. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.I. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to the I-494 Corridor Commission. REQUESTED ACTION Move to approve appointment of ___________________ to the I-494 Corridor Commission. SUMMARY This appointment is approved on an annual basis. Council Member Toomey has served on the I- 494 Corridor Commission since 2021. ATTACHMENTS None. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.J. Department: Parks and Recreation ITEM DESCRIPTION Appointment of Assistant Weed Inspector. REQUESTED ACTION Move to appoint Karli Wittner as Assistant Weed Inspector for the City of Eden Prairie. SUMMARY Each year the City of Eden Prairie is requested to appoint an Assistant Weed Inspector for the City under the requirements of Minnesota Statutes, Chapter 18.80 and 18.81. The responsibility of the Assistant Weed Inspector is to enforce the local and state weed ordinances. Under State Statute, the Mayor is the City Weed Inspector and appointment of an Assistant Weed Inspector thereby relieves the Mayor or City Council of those duties as required by Minnesota State Statute. Karli Wittner is the City’s current Forestry and Natural Resources Supervisor in the Parks and Recreation Department.. ATTACHMENTS None. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Appointments Item Number: XIII.K. Department: Administration / Office of the City Manager ITEM DESCRIPTION Appointment to Southwest Transit Commission. REQUESTED ACTION Move to appoint ___________________ to the Southwest Transit Board as the Eden Prairie Appointed Representative for a two-year term to end December 31, 2026. SUMMARY It is necessary for the City Council to appoint a new representative for a two-year term to end on December 31, 2026. Council Member Narayanan previously served as a representative in this position with service ending in 2024. Council Member Freiberg is currently serving as the other Eden Prairie city representative. ATTACHMENTS None. City Council Agenda Cover Memo Date: Jan. 7, 2025 Section: Report of the Community Development Director Item Number: XIV.C.1. Department: Community Development/Julie Klima ITEM DESCRIPTION 2023-2027 Community Development Strategic Plan Updates. REQUESTED ACTION Approve the updated 2023-2027 Community Development Strategic Plan SUMMARY The latest version of the Community Development Strategic Plan was originally approved by Council in 2022. The Strategic Plan includes information on Community Development focus areas and efforts related to the Race Equity initiative, housing programs and initiatives, economic development partnerships, redevelopment/development opportunity sites, and funding sources for programs and initiatives. Staff is proposing a few minor updates to the Strategic Plan to address a new funding source for housing programs and a large rehab project planned at St. Johns Woods. Local Affordable Housing Aid (LAHA) Local Affordable Housing Aid (LAHA) is aid to metropolitan governments in the metro area to assist in providing affordable and supportive housing. These funds were authorized by the State Legislature in 2023 and are funded through a new dedicated sales tax in the seven-county metro area. Eden Prairie will receive twice annual allocations that must be spent within 4 years of receipt to support affordable housing programs and initiatives. In 2024, the City received approximately $336,000. Staff has prepared a spending plan that would allocate how those funds will be spent in 2025 to strengthen the City’s First Time Homebuyer (FTHB) and housing rehab programs, provide additional funds for rental assistance through our community partners, and create a new program supporting first generation first time homebuyers. LAHA has been added as a funding source for the Housing Rehabilitation Loans program and the First Time Home-buyers program. A description of LAHA has been added to the Appendix, as well as a proposed spending plan for 2025 funds. Because the funding source is sales tax based, the amount of money received by the City will vary from year to year. Staff proposes to amend the current Strategic Plan to include the proposed spending plan for 2025 and to document that staff will annually the evaluate the amount of LAHA funds to be received and review existing spending plans and community needs in order to prepare a spending plan for the following year. Staff will then communicate the proposed annual spending plan with the City Council. When the next version of the Strategic Plan is prepared in 2027, the City will have had several years of experience with LAHA funds and will be better positioned to include a longer-term spending plan that can be incorporated into the 2028-2033 Strategic Plan. St. Johns Woods St. Johns Woods is a 124-unit townhome project located south of Highway 62 and west of Baker Road. This project was built in the mid-1970s. The homeowner’s association recently voted to approve an improvement project to replace siding on the units. It is expected that some units will also require window replacement. A fair number of the units are owned by low to moderate income households that are seeking assistance through the City’s rehab loan program. Based on the project costs, the loan requests are approximately $12,000 to $15,000 per unit. Construction is expected to begin in Spring 2025. The City typically uses CDBG dollars to fund the rehab loan program. However, the number of households that would qualify for the rehab loan program would exceed the amount of CDBG/LAHA dollars the City has available. Large improvement projects such as this are infrequent, so as an alternative staff would utilize pooled TIF dollars to fund the St. Johns Woods rehab loans. There are adequate pooled TIF dollars available, and this approach would ensure that all St. Johns Woods qualifying applications could be funded while CDBG/LAHA dollars would remain available for rehab loans to the rest of the community and other housing priorities. The updated Strategic Plan includes the addition of the St. Johns Woods project to the list of proposed uses for pooled TIF dollars. ATTACHMENTS 2023-2027 Community Development Strategic Plan 2023-2027 Community Development Strategic Plan Approved by City Council November 2022 Updated January 2025 2 Executive Summary………………………………………………………………………………………..3 Department Overview…………………..……………………………………………………………….4 2023-2027 Areas of Focus Section 1: Race Equity Initiative……………………………………………………………5 Section 2: Housing Programs and Initiatives..……………………………….……..6 Section 3: Economic Development Partnerships and Promotion..………..17 Section 4: Redevelopment Opportunity Sites……....………………………………26 Section 5: Potential Infill Sites………………………………………………………………41 Appendix Housing Funding Sources…………………………………......………………………………58 Economic Development Funding Sources…………………......………..……………63 Table of Contents 2023-2027 Community Development Strategic Plan 3 Executive Summary 2023-2027 Community Development Strategic Plan Strategic Plan Updated every 5 years Annual Report Updated yearly Comp Plan Updated every 10 years Work Plan & Budget/CIP Updated every 2 years The Comprehensive Plan is the City’s guide for growth and development related to housing, transportation, land use, economic development, parks and open space, infrastructure, sustainability, equity and community health. The Community Development Strategic Plan prioritizes Aspire 2040 initiatives and lays out a phased approach to implementing those initiatives. It also identifies potential redevelopment and development sites within the City. Community Development’s Work Plan breaks initiatives from the Strategic Plan into shorter term goals. The City uses a two year cycle to update their financial planning tools. The Capital Improvement Plan is reviewed on even years and coordinates the location, timing and financing of capital improvements. The City’s Budget is reviewed on odd years. It’s designed to provide taxpayers with services such as Fire and Police protection, Public Works necessities and Parks and Recreation spaces. The Community Development Annual Report shares the department’s annual achievements. The Strategic Plan is a vision of the priorities Community Development staff will work toward in the next 5 years. It identifies and categorizes areas of focus that provide a phased approach to implementing the Aspire 2040 Comprehensive Plan and other longer range initiatives. Throughout the Strategic Plan, references from Aspire note the connections between Aspire and Community Development efforts. The Strategic Plan is meant to inform the public of key projects and initiatives, communicate funding sources, potential redevelopment and development sites, and foster coordination between Community Development, other departments and City Council. The Strategic Plan informs workplan and CIP preparation. Understandably, the plan may change as new factors are introduced. For that reason this is meant to be a living, amendable document. How the Community Development Strategic Plan fits into the City’s overall planning process: The Housing and Community Services Division advocates for affordable housing and administers the City’s Inclusionary Housing Policy. HCS also provides assistance, information and referrals to residents of Eden Prairie that connects them to resources meant to help them lead full, healthy lives. Another function of HCS is to support diversity, civil and human rights, and the Americans with Disabilities Act in our community – mainly through the work of the Human Rights and Diversity Commission (HRDC). The Economic Development Division promotes business growth and retention, assists businesses with site locations, advocates for transportation and technology improvements, and represents the City on the Eden Prairie Chamber of Commerce Government Committee. A key component of economic strength is managing the needs of existing and prospective businesses to ensure a diverse mix that contributes to a stable tax base and enhances Eden Prairie’s image and regional profile. The Planning Division works with developers, community members and organizations as a part of long-range land-use planning and current development projects. This division is responsible for maintaining the City’s comprehensive plan and zoning ordinances. Planning also provides support for the preservation of Eden Prairie history by working with the Heritage Preservation Commission (HPC). The Assessing Division is responsible for establishing valuations and classification of all real estate properties in the City for purposes of taxation. This work is required to follow standards and procedures to comply with the Minnesota Department of Revenue and Hennepin County regulations. 4 Department Overview 2023-2027 Community Development Strategic Plan The Community Development Department supports the long-term vitality of Eden Prairie through city-wide land use planning and development review activities, maintaining a positive environment for business, addressing housing and community service needs, and responsible property valuations. Community Development Housing and Community Services Economic Development Planning Assessing 5 Section 1 Race Equity Initiative 2023-2027 Community Development Strategic Plan The Race Equity Initiative (REI) is a critical step forward for Eden Prairie as it looks to create and strengthen community relationships, encourage shared decision-making and minimize disparities wherever possible. The REI report, adopted by the City Council in January 2022, was drafted by the Human Rights and Diversity Commission (HRDC) in conjunction with a project consultant and City staff and is based on research and community feedback. It outlines recommendations in six main areas: •Emergency Response •Facilities and Programs: Accessibility and Culture •Recruiting, Hiring and Retention •Connection to Community •Community Experience •Developing Future Leaders Project Research and Outreach Throughout 2020 and 2021, City staff and residents were encouraged to participate in project research through individual interviews, focus groups, world cafés and online surveys. City documents and policies were also reviewed. Next Steps City staff will review the recommendations and begin creating plans for implementation through an interdepartmental working group. Individual departments, including Community Development, will brainstorm additional avenues for integrating race equity considerations into its work. Additional community engagement will be conducted as the plan is reviewed and implementation strategies developed. City staff will provide an initial implementation plan and continue to provide summary reports to the City Council and HRDC on a regular basis. Among the Housing Task Force’s chief suggestions was adoption of an Inclusionary Housing Ordinance, which the City acted on the next year. Under this ordinance, developers must provide a portion of their units at affordable rents at a preselected income threshold. Programs coordinated by the Housing & Community Services division focus on policies the City has established for housing development and preservation: inclusion of affordable housing, homeownership initiatives, maintenance and improvement of existing housing stock, and allocation of federal, state, and local funding for housing programs. Affordable Housing Production 6 Section 2 Housing Programs & Initiatives 2023-2027 Community Development Strategic Plan An online meeting of the Housing Task Force Aspire 2040: “Incentivize attainable and affordable housing options for lower-income households so they can move to and remain in Eden Prairie.” •Timing: ongoing •Funding: TIF, Housing Revenue Bonds, potential grant sources•Participants: Housing & Community Services, Economic Development, Planning, Met Council, Minnesota Housing, Hennepin County Eden Prairie has deployed several planning tools and financial mechanisms to generate affordable rental housing in recent years. The publication of Aspire 2040 kicked things off, using public engagement and other means to help shape an overall housing vision for the City through the year 2040. This was followed by a Council-selected Housing Task Force that finished its work in late 2020 with a recommendations report. 72023-2027 Community Development Strategic Plan Section 1: Housing Programs & Initiatives Multi-Family Housing Projects Total Affordable Total Units 30% AMI 50% AMI 60% AMI 80% AMI 100% AMI Market Rate Applewood Pointe (IH)10 100 ----3 4 3 90 Cascade / Lincoln Parc (TIF/IH)6*190 --6 ------146 Eden Prairie Senior Living (IH)12 112 --6 --6 --100 Elevate (TIF)53 245 --50 --3 --192 Ellie (TIF/IH)60 239 --48 --12 --179 Flagstone / Pres. Homes (IH)14 277 14 --------263 The Fox & The Grouse (TIF/IH)107 425 --85 --22 --318 Paravel (TIF/IH)63 246 --50 --6 7 183 Prairie Bluffs Senior Living (IH)14 138 --7 --7 --124 Trail Pointe Ridge (TIF/LIHTC/IH)52 58 13 26 13 ----6 TOTAL 391 2030 27 278 16 60 10 1601 The ordinance has effectively been blended with the City’s use of Tax Increment Financing (TIF), which requires that at least 20% of units be affordable to households at or below 50% of the area median income (AMI) for as long as 26 years. When a project is subject to the ordinance and receives TIF, it must contribute an additional 5% of units affordable at or below 80% of AMI and in perpetuity. The City also recently created an affordable housing trust fund through which it can deposit a variety of funding sources and pursue several housing strategies. Staff will continue to explore other strategies to utilize this tool. Together, these strategies have been paying dividends toward Aspire goals and toward the Met Council’s affordable housing production goal of 1,408 units before 2030, though production in the area of greatest need—units affordable to households earning 30% or less of the AMI—has proven difficult to produce compared to units in the 31- 50% range (where the City does very well) or 51-80% range. Over the past few years, the projects in the chart below have been brought online, are under construction, are through the entitlement process or otherwise look feasible. * New affordable units added in 2019 82023-2027 Community Development Strategic Plan Section 1: Housing Programs & Initiatives Rendering of GTS Housing – an apartment project that will bring 425 total units of housing to Eden Prairie. 25% of the units will be affordable at 50% and 80% AMI. Looking at its 10 most recent projects, Eden Prairie has reached 27.34% of its Met Council-determined affordable housing goal for the period of 2021-2030. Of this production, 72.21% is at the 50% of AMI threshold which makes sense given the frequency of the use of TIF. Coincidentally, the City is at 72% of goal at that AMI level.Looking at Met Council’s breakdown of need by AMI level shows, however, that this strong production at the 50% level, while helpful toward the overall affordability need, does not match well the need as expressed across the three “affordability bands” of the 30% and below level, the 31-50% level or the 51-80% level. For example, need at or below 30% of AMI makes up 57% of the need allocation overall, but constitutes just 7% of recent production. Similarly, units affordable between 51 and 80% of AMI make up 15% of the affordable housing need but the City has only reached 5% of goal for that category. Trying to diversify AMI levels, particularly to drive production at lower AMI levels, will be an ongoing challenge. Aspire 2040: “Work in partnership with private and public sectors, regional, state, and federal agencies, and citizens, community groups and others to help envision and finance innovative housing demonstration projects and housing development.” Affordable Housing Opportunity Sites Priority/Timing: varies depending on site Funding: TIF, Pooled TIF Participants: Housing & Community Services, developers, intergovernmental partners •Venture Lane parcel. Will require regulatory work as a zoning change is expected. Response to a City issued RFP and developer responses indicated vertically integrated mixed-use is challenging from a market perspective and the site may be better suited for horizontal mixed use or residential. (Additional parcel details on page 44.) •Transit Oriented Development (TOD) housing opportunity sites. (Additional details on pages 28-30): →Land assembly with Montessori School (Town Center) →Eagle Ridge Partners property (Golden Triangle) →TAGS Gymnastics site (Golden Triangle) →City West station area •Flying Cloud Drive and College View Drive (northeast corner). All properties listed below are guided Medium Density Residential. (Additional details on page 43.) →The property owned by Prince’s estate on Aztec Dr, PID 23-116-22-32-0014 →9051 Flying Cloud Drive →9061 Flying Cloud Drive (formerly a carpet store) →9125 Flying Cloud Drive •Possible church sites may offer potential for affordable housing opportunities 9 Section 1: Housing Programs & Initiatives Eagle Ridge opportunity Northeast corner of Flying Cloud Drive and College View Drive 2023-2027 Community Development Strategic Plan Naturally Occurring Affordable Housing (NOAH)Inventory and Action Plan •Priority: near term (2023-2024) •Funding: TBD •Participants: Housing & Community Services, mission oriented non-profits NOAH is typically defined as private, unsubsidized housing that is in full or in part ‘naturally’ affordable given its construction quality, age and condition. It may include housing that has ‘timed out’ of affordability restrictions, such as when low-income housing tax credits expire after 30 years or when TIF affordability ends. Staff will create a NOAH inventory to identify properties at risk using CO-STAR data and other available sources. Establishing a clear definition for what constitutes NOAH and developing the inventory will assist with identifying sites for potential interventions in conjunction with mission-oriented non-profit buyers. Most peer cities that have adopted NOAH definitions define it as private, unsubsidized housing where at least 60% of residents earn 60% or less of the AMI. This definition owes largely to the set parameters of mission-oriented non-profits interested in preserving this vital housing. One question for Eden Prairie is whether this definition suits the community. For example, Eden Prairie was developed later than most metro suburbs, so its stock of pre-1980 (another common threshold) developments is relatively small. Since more Eden Prairie properties are newer, they tend to have a higher class (e.g. Class A, Class B, Class C) and are generally in better condition. These factors beg the question of whether the City should match the definition commonly in use or create one that better suits its stock. By way of illustration, Eden Prairie could elect to say a NOAH property in the community is one where at least 60% of residents earn 80% of AMI or less and where the building was built pre-1990.This would enlarge the pool of properties potentially saved though it would differ from peer communities. Seeking feedback from other communities and non-profits about use of thresholds that might better fit the community should be further explored or be an early Action Plan item. Staff will develop a NOAH action plan to ensure timely action can be taken when a threatened property nears or hits the market. The action plan should include potential partners, funding sources and protocols for intervention and is also considered a Near Term action item (2023-2024). 102023-2027 Community Development Strategic Plan Section 1: Housing Programs & Initiatives Potential NOAH in Eden Prairie Aspire 2040: “Address aging housing stock to preserve and prevent the decline of naturally occurring affordable housing.” Aspire 2040: “Preservation of Publicly Subsidized Properties (e.g. Project-Based Section 8, LIHTC) is critical to preserving existing affordable assets and can be a cost-effective way to maintain affordability.” Priority/Timing: ongoing Funding: TBD Participants: Housing & Community Services, Minnesota Housing HCS will actively monitor properties with expiring Housing Assistance Payment (HAP) contracts or Low-Income Housing Tax Credit (LIHTC) compliance periods, which are both administered by Minnesota Housing. HAP contracts are used in “Project-Based” Section 8, where the subsidy is tied to the property rather than to an individual household as in the Housing Choice Voucher Program. Eden Prairie has several such properties and they are a valuable resource given the consistently funded and highly affordable housing they provide. Owner participation is voluntary and can end with the expiration of a HAP contract. Staying in contact with owners regarding any intention to leave the program is a low-cost entry point to negotiate a different outcome. LIHTC is the nation’s premier affordable housing production and preservation vehicle. Under this Department of Treasury program, developers are awarded tax credits through the State that they then sell to investors. This generates upfront money to build the project while the investor receives a tax credit they can use over a ten-year period. Though complicated and often competitive, Eden Prairie can support proposed LIHTC projects for new construction or for subsequent rehabilitation by resolution and financial contribution such as provision of bond proceeds. 11 Preserving Subsidized Affordable Housing 2023-2027 Community Development Strategic Plan Section 1: Housing Programs & Initiatives Briar Hill and Prairie Meadows apartments are Project Based Section 8 properties. •Priority/Timing: ongoing •Funding: Community Development Block Grant (CDBG), Pooled Housing TIF & LAHA •Participants: Housing & Community Services, Building Inspections Maintaining existing housing stock and investing in quality of life improvements are cost effective methods for keeping Eden Prairie homes in good repair and a source of pride for their owners. The Housing Rehabilitation Loan Program provides up to a $15,000 loan per eligible request for essential home improvements up to a maximum of $20,000 in outstanding loans. Eligible homeowners must meet income guidelines for low or moderate income households. Loans are zero interest and have a term of 30 years. As loans are repaid, funds are recycled into making additional loans to low and moderate income homeowners. Funding details can be found in this plan’s Appendix. •Priority/Timing: ongoing •Funding: CDBG and General Fund (Senior Community Services HOME Program) •Participants: Housing & Community Services, Senior Community Services The City works closely with Senior Community Services, a locally-based non-profit, and provides periodic funding through a request for proposals for the Household & Outside Maintenance for Elderly (HOME) program. The program provides low or no cost basic repairs and assistance with needed chores. The City also offers a grant program for income-eligible seniors to make modest but necessary home improvements in an amount up to $5,000. Any funds repaid under this effort are reinvested into additional affordable housing activities. Funding details can be found in this plan’s Appendix. Senior Home Maintenance Programs Housing Rehabilitation Loan & Grant Programs 122023-2027 Community Development Strategic Plan Section 1: Housing Programs & Initiatives Aspire 2040: “Maintain the community’s existing attainable housing stock, while providing incentives to facilitate the development of new affordable housing.” Aspire 2040: “Providing rehab and retro-fit resource guides, and financial resources to make these upgrades can help retain this population in the community.” Aspire 2040: “Engagement with Community Land Trusts is a means to provide an ownership opportunity to a low to moderate income household as well as to provide long-term affordability.” Community Land Trust Partnership •Priority/Timing: ongoing •Funding: CDBG •Participants: Housing & Community Services, Hennepin County Homeownership is a cornerstone in Eden Prairie, but the cost of land and other production factors make creation of new affordable detached homes difficult. Land trust partnerships fund the acquisition of homes by a community land trust (Homes Within Reach / West Hennepin Affordable Housing Land Trust) that retains the land, rehabs the home and sells it to a lower-income family. By leasing rather than selling the land to the new homeowner, the cost is dramatically reduced as it constitutes in essence just the physical improvements to the property. Housing & Community Services strives to fund one land trust acquisition annually, depending on market availability. The City has helped fund the purchase of 18 Eden Prairie properties through Homes within Reach. 13 Section 1: Housing Programs & Initiatives WHAHLT Homes 2023-2027 Community Development Strategic Plan •Priority/Timing: ongoing •Funding: CDBG, Pooled Housing TIF & LAHA •Participants: Housing & Community Services The cost of a home can be daunting for first-time homebuyers. Low and moderate income households may often lack the upfront capital to purchase their first home. This program provides down payment and closing cost assistance to income qualified households. New LAHA funds will allow the City to increase the amount provided to be more aligned with neighboring communities. LAHA funds will also enable the City to initiate a new program specifically designed for First Generation First Time Homebuyers. The assistance is provided to recipients as a zero percent loan with a 30 year term and any repaid funds are reinvested into additional first-time buyer loans. Funding details can be found in this plan’s Appendix. First-Time Homebuyer Program 142023-2027 Community Development Strategic Plan Section 1: Housing Programs & Initiatives Aspire 2040: “The undersupply of housing options for lower income, owner-occupied households in Eden Prairie is a key issue for the City.“ Aspire 2040: “Continue to provide information and resources to the community…through Housing and Community Services (HCS).” •Priority/Timing: ongoing •Funding: not applicable •Participants: Housing & Community Services The Property Mangers Collaborative is coordinated by HCS and is meant to give managers of multifamily properties in the community opportunities to network and share best practices, especially related to provision of affordable housing, working with diverse clienteles and maintaining quality landlord / tenant relations. The structure of the group was refreshed in 2022. It meets in person on a quarterly basis and a newsletter is also sent on a quarterly basis. Property Managers Collaborative Aspire 2040: “Continue to provide information and resources to the community to access attainable and affordable housing through Housing and Community Services (HCS).” Priority/Timing: near term (2023-2024) Funding: not applicable Participants: Housing & Community Services, Eden Prairie Community Foundation For projects receiving City financing to provide affordability, staff will begin to integrate into development and/or TIF agreements a requirement that the developer create a satisfactory Affirmative Fair Housing Marketing Plan (AFHMP). These brief plans, a template of which is provided by HUD, are a typical requirement for projects funded by the Minnesota Housing Finance Agency and represent a best practice in soliciting tenants. With the goal of reaching those “most unlikely to apply,” an AFHMP contemplates how to market the property to diverse and often underrepresented households in the community. Staff will develop and provide a document for tenants that outlines tenant rights, landlord responsibilities, and resources for pursuing grievances through advocacy and legal groups. Such a document could empower residents to spur positive changes in their unit or building. This was considered a critical adjunct to NOAH strategies emerging from the Housing Task Force. 15 Section 1: Housing Programs & Initiatives 2023-2027 Community Development Strategic Plan Tenant Fair Housing Materials Housing Improvement Areas (HIAs) Aspire 2040: “The City is open to continuing to work with HIAs and provide financing where practicable.” •Priority/Timing: ongoing – a potential option in our toolbox •Funding: bond issuance proceeds or bank loan repaid by Special Assessments, CDBG •Participants: Housing & Community Services 16 A townhouse in the St Johns Wood homeowners association. 2023-2027 Community Development Strategic Plan Section 1: Housing Programs & Initiatives HIAs are a creation of state statute and allow cities to extend assistance to Common Interest Communities (CICs) for needed improvements. Homeowners must vote through their Homeowners Association in a strong majority to pursue and receive City assistance, which is then repaid by special assessments through the residents’ property taxes. An example is Edenvale, on Valley View Road near Mitchell Road. •Priority/Timing: prospective option for the future •Funding: TBD •Participants: Housing & Community Services Habitat for Humanity has expanded its offerings beyond the traditional model of using donated materials and sweat equity to significantly lower the house price for a low income family. Lately Habitat has branched out into basic home repairs for low income households, veterans, and seniors; foreclosure prevention; and the Age Well at Home program that brings together housing and health care services to help seniors who wish to stay in their homes. Partnering with Habitat would bring needed resources and know-how from this well regarded organization. Aspire 2040: “Work in partnership with private and public sectors, regional, state, and federal agencies, citizens, community groups and others to help envision and finance innovative housing demonstration projects and housing development.” Develop Partnership withHabitat for Humanity Priority/Timing: near term (2023-2024) Funding: TBD Participants: City, School District, Chamber of Commerce, One Million Cups In 2020 Mayor Ron Case initiated an effort to support local entrepreneurs by: •Improving the entrepreneurial eco-system in Eden Prairie•Supporting projects that stimulate small business growth •Creating alternative pathways outside the traditional college degree route The project is a collaboration between the City, School District, Chamber of Commerce and One Million Cups to create a new entrepreneurial space at Eden Prairie High School that provides: •Curriculums around entrepreneurship •Mentoring and idea exchanges between entrepreneurs and students •After-hours availability to existing entrepreneurs and One Million Cups •The space is part of a planned renovation to EP High School with project timing expected to be announced in 2022 Maintaining and growing Eden Prairie’s diverse economy is a key priority of the Aspire 2040 comprehensive plan. The strategies and initiatives in this section are meant to strengthen the City’s economic competitiveness by supporting programs and activities that promote business retention and expansion, stimulate economic growth, and contribute to the vitality of Eden Prairie. Aspire 2040: “Attracting and retaining educated youth and young professionals can help bolster economic growth and development by increasing the City’s skilled workforce to create and fill innovative and high paying jobs.” Section 3 Economic Development Partnerships and Promotion Future Innovation Sandbox Space Innovation Sandbox 172023-2027 Community Development Strategic Plan Interior Image - Innovation Sandbox Aspire 2040: “Provide adequate transportation infrastructure to increase mobility. Support construction of the METRO Green Line Extension.” I-494 Corridor Commission 182023-2027 Community Development Strategic Plan Section 2: Economic Development Partnerships and Promotion Priority/Timing: ongoing Funding: City General Fund Participants: Eden Prairie, Minnetonka, Bloomington, Edina, Richfield, MnDOT, Hennepin County Established in 1986, the Commission encourages economic growth and regional prosperity through improved transportation options, roads, bridges and transit as a combined solution to improve mobility. The Commission is comprised of elected officials and City staff, and is supported by representatives from MnDOT, the Metropolitan Council and the private business community. Services include: •Working with over 1,000 employers and multi-tenant properties with resources and services aimed at converting drive-alone commuters into a sustainable commute mode. •Promoting road, bridge, and transit projects that support economic growth and benefit area businesses and residents. •Supporting the construction of SW Light Rail Aspire 2040: “Establish and maintain regular lines of communication with local businesses to stay informed about expansion plans and service needs. “ Priority/Timing: ongoing Funding: not applicable Participants: Mayor, City Manager and Economic Development •Staff, along with the Mayor, have discussions with business leaders though meet and greets. Over 400 meetings have been completed since 2002. •The City continually works to increase the business community’s awareness of programs and funding (State/County/City) that are available. •Over the last 5 years the City has had a significant level of contact with businesses impacted by the SWLRT project. Working with outreach coordinators from the SWLRT office, City staff will continue regular communication with businesses along the corridor as needed until the project is complete. In addition to business meet and greets, staff participates in Chamber of Commerce meetings and committees, and the City conducts a business survey every 3 years – most recently in 2022. 192023-2027 Community Development Strategic Plan Section 2: Economic Development Partnerships and Promotion Business Communications & Meet and Greets Aspire 2040: “To make TOD areas unique destinations for the community, Eden Prairie should capitalize on TOD zoning by…Establishing a multimodal transportation hub by connecting transit with bicycle and pedestrian infrastructure (bicycle lanes, bike sharing, and racks) along with sidewalks, trails, and paths.” Priority/Timing: ongoing Funding: Economic Development Fund, Pooled TIF, grants Participation: Economic Development, Planning, Engineering, Parks, SW Transit Creating attractive and inviting streetscapes in the City’s Town Center and station areas is an important goal for the City and can help stimulate economic development activity and private investment in these areas. Providing better access to stations for pedestrians, bikers, and micro-mobility users (commuters) is also a goal and high priority that supports business by making the last mile connection achievable. All the following projects meet these goals: 20 •Town Center Pedestrian Connections (County TOD grant) (Near Term) •West 70th Street completion – East segment (Near Term) •Golden Triangle Area Trail Connections (Near Term) •City West Area Trail Connections (Mid Term) •“Last Mile” Study (circulators or other connections to LRT) (Mid Term) •North South Roadway in Town Center (Long Term) Support Streetscape/Pedestrian/LRT Improvements 2023-2027 Community Development Strategic Plan Section 2: Economic Development Partnerships and Promotion Aspire 2040: “Partner with local and state agencies to provide financing for business growth and expansion.” Priority/Timing: ongoing Funding: City General Fund and Hennepin County Participants: City of Eden Prairie, local businesses, Metropolitan Consortium of Community Developers (MCCD), Hennepin County This is a technical assistance program for small businesses funded through a partnership between Eden Prairie and Hennepin County. Services include business plan development, marketing and feasibility studies, cash flow and financing projections, loan request preparation, and advocacy with lending institutions. 21 Section 2: Economic Development Partnerships and Promotion Open to Business Program 2023-2027 Community Development Strategic Plan Aspire 2040: “That we, as representatives of Eden Prairie businesses, city government, educational and religious institutions, accept special roles and responsibilities in fostering diversity in our community.” Priority/Timing: ongoing Funding: Hennepin County Participants: small businesses in Hennepin County Entrepreneurs and start-up business owners in Hennepin County can access free consulting services through business advisors that offer expert support in a wide range of areas including: • Legal guidance • Financial planning • Marketing • Access to capital • Research and write business plans • Training and education • Access to community-based lenders Created in response to business impacts caused by the Covid 19 pandemic, Elevate Business has now grown into an innovative model to help diverse businesses grow and build for success long into the future. Elevate Business is available to all businesses but focuses on economic empowerment of people of color, women, and other underserved business owners that have historically experienced disparities and were disproportionately impacted by the pandemic. 22 Section 2: Economic Development Partnerships and Promotion Elevate Business Program 2023-2027 Community Development Strategic Plan Aspire 2040: “Establish and maintain regular lines of communication with local businesses to stay informed about expansion plans and service needs.” Realtor’s Forum Priority/Timing: ongoing Funding: not applicable Participants: partnership between City, Schools and MPLS Area Realtors 23 Priority/Timing: ongoing Funding: not applicable Participants: Chamber of Commerce, City, School District Through participation on the Chamber’s Workforce Committee, City staff in 2014 helped create an annual Career Expo held at Eden Prairie High School where 800 students have an opportunity to meet with over 50 local companies to learn more about career opportunities in their industries. 2023-2027 Community Development Strategic Plan Section 2: Economic Development Partnerships and Promotion About every two years since 2011 the City has organized and hosted an educational forum with bus tours for area realtors to learn about emerging community development projects and school initiatives. The event has been popular and usually attracts about 100 participants. Attendees qualify for continuing education credits. Aspire 2040: “Partner with the Chamber of Commerce, local and state agencies, and education institutions on workforce development initiatives.” Student Career Expo Aspire 2040: “Encourage unique, attractive destinations. Create unique City entry monument signs at key locations.” 24 Section 2: Economic Development Partnerships and Promotion 2023-2027 Community Development Strategic Plan Priority/Timing: near term Funding: Economic Development Fund Participants: Economic Development, Parks, Engineering In 2013 the Flying Red Horse was donated to the City by the former owners of a Mobil station located at Flying Cloud Drive and West 78th Street. The historic piece, originally erected in 1936, will be installed over a monument in a public plaza located at the corner of Flying Cloud Drive and Town Center Place – near its original location. The monument will identify entry into the City’s Town Center. The project is expected to be implemented in 2023. Town Center Flying Red Horse Aspire 2040: “Promote a sense of community.” Priority/Timing: near term Funding: Community Development/Planning budget Participants: Community Development, Parks, Facilities, Administration The Dorenkemper House was built around the late 1850’s and was originally located south of Pioneer Trail, near Riley Creek in Southwest Eden Prairie. It was moved to Riley Lake Park in 2002 when its original site was developed into a residential subdivision called Settlers Ridge. The house was restored in 2006 and designated as a Heritage Preservation site in 2015. It has been fully furnished with items donated by the Historical Society. Since its restoration, the home has experienced minimal use and access by the public. In July 2022 Maxfield Research was retained to conduct a market study to evaluate the potential for using the home and site for commercial or civic uses that generate greater public access and enjoyment of the property. The study is expected to be completed in late October and the findings will be discussed with the Heritage Preservation Commission and City Council late in 2022 or early 2023. 252023-2027 Community Development Strategic Plan Section 2: Economic Development Partnerships and Promotion Historic Dorenkemper House - Market Assessment 26 Section 4 Redevelopment Opportunity Sites 2023-2027 Community Development Strategic Plan The City has established a long term vision for the development of land uses within Eden Prairie. This vision is reflected through the adoption of several policy documents including Aspire Eden Prairie 2040, Eden Prairie Design Guidelines, the Major Center Area Study, and the Town Center Design Guidelines. Collectively these policies lay the foundation for future development and redevelopment within Eden Prairie. This section will highlight redevelopment opportunity sites consistent with these policy documents; identify the Community Development divisions that will be directly involved in redevelopment efforts; and identify potential timeline(s) and whether any City resources may be anticipated to support redevelopment efforts. Priority/Timing: ongoing Funding: TIF, Pooled TIF, TOD Grants (Met Council & Hennepin County) Participants: Planning, Housing & Community Services, Economic Development Construction on the Green Line LRT Extension (also known as the Southwest LRT Green Line) is well underway, with the line expected to begin operating in 2027. Areas around the City’s four transit stations will continue to be the focus for Transit Oriented Development (TOD). TOD is a land use pattern intended to support transit system investments by creating attractive, compact, pedestrian oriented, high density, mixed use and environmentally and economically sustainable communities centered around transit facilities. There are various sites near station areas with great potential for redevelopment that could accommodate opportunities for multi-family residential, office, commercial, and light industrial uses. Housing in TOD and the Major Center Area (MCA) will support the investment in LRT and provide increased ridership, as well as provide improved access to employment, transit, and resources. Development that includes high density residential provides a variety and diversity of housing options that reflect current and future community needs in proximity to the LRT corridor. 27 TOD Opportunity Sites 2023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Aspire 2040: “As development and redevelopment occurs near transit facilities, the City envisions creating urban environments that have a distinct character but at the same time relate to the rest of the community.” Elevate was the first TOD project in Eden Prairie. Aspire guides several properties at each of the station areas for TOD development. As reinvestment along the LRT corridor continues, it is expected that additional properties will seek to be considered for guiding and zoning for TOD development. The principles that guide development of TOD properties are outlined in Aspire and include: high density, rich mix of land uses, pedestrian oriented, urban pattern, parking solutions, engaging public spaces, safety, high quality architecture, and sustainable development. City West Station At City West station, Optum’s approved phase three, ten-story office building that will be located directly adjacent to the City West station could be constructed in the next five years. If Optum elects not to develop, the site would be well suited for other uses including hotel or residential. Other potential TOD sites near this station include: Shady Oak Center at 6399 City West Parkway and American Investors Office at 6385 Old Shady Oak Road. 282023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites LRT Stations in Eden Prairie Golden Triangle Station With changing trends in the industrial market and buildings within this area aging, several properties near the Golden Triangle station are positioned for redevelopment. Pending construction of the Greco/Eagle Ridge Partners project is expected to stimulate additional TOD development in the area. Other potential TOD sites include the TAGS building at 10300 W 70th Street and 6871 and 6851 Flying Cloud Drive. 292023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Town Center Station Town Center station is located in the area that’s been planned as Eden Prairie’s Town Center. The Town Center is generally located between Prairie Center Drive, Flying Cloud Drive, Technology Drive and Regional Center Drive. The Town Center zoning and design guidelines establish similar development patterns and expectations to the principles associated with TOD development while maintaining characteristics unique to the Major Center Area (MCA). When Aspire was approved, the majority of properties within the Town Center remained guided for Town Center development with the exception of 12001 and 12011 Technology Drive. These properties are guided for TOD development due to the TOD sub-districts’ ability to accommodate employment opportunities consistent with light industrial uses. The Town Center sub-districts promote a pedestrian scale and compact area with a dynamic mix of land uses. Additional details regarding the Town Center area and planned development can be found on page 37. 302023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Area planned as Eden Prairie’s Town Center 312023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites SouthWest Station As the only multi-modal transit stop in Eden Prairie, this station area is already home to TOD development. Elevate at SouthWest Station includes 222 residential units above approximately 13,000 square feet of retail space and additional area for structured parking. Other potential TOD sites may emerge as reinvestment in surrounding properties occurs. Aspire 2040: “The vision for the Town Center area is to create an urban village with a ‘Main Street’ feel.” 322023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Priority/Timing: ongoing Funding: TBD Participants: Planning, Housing & Community Services, Economic Development The Major Center Area (MCA) study established the creation of a Town Center. The Town Center is generally located along Singletree Lane between Prairie Center Drive and Flying Cloud Drive. This area is intended to be a pedestrian scale, compact area with a vibrant mix of land uses that encourages people to live, shop, work, and play. The MCA proposes the creation of a Town Center with a retail and housing core and a walkable main street. The land uses identified for the Town Center include mixed use (retail and office on the first floor and residential above), retail, entertainment, restaurants, services, office, residential and hospitality. Several properties are positioned for redevelopment in the Town Center, including: the properties along Glen Lane, Bowlero, Walmart, CarX, and Jiffy Lube. The City- owned property currently leased to EP Montessori on Singletree Lane is intended to eventually be assembled with other properties for redevelopment. The long term plan for the area includes the construction of a north/south Main Street connection between Singletree Lane and Technology Drive. Phase I of this roadway would connect Singletree Lane to Town Center Place. This overall improvement would include specific streetscape and design standards to promote pedestrian connections and an active street environment. Economic Development funds may be a potential funding source to achieve this effect. Town Center Plan 33 Priority/Timing: ongoing Funding: TBD Participants: Planning, Economic Dev, Housing & Community Services Aspire 2040 created a new land use designation of Mixed Use. Properties guided for Mixed Use development were predominantly located at and around Eden Prairie Center. The City’s Aspire plan states “For retail malls to maintain long term staying power, a wider mix of additional uses should be considered that are synergistic to retail, help attract more customers and shoppers, and are connected physically to the mall or are in immediate proximity.” As opportunities to redevelop portions of the mall and nearby properties emerge, staff will continue to promote alternative mixed uses to help ensure the long term success of Eden Prairie Center area. Additional areas guided for Mixed Use development include: the east and west ends of Martin Drive, Flying Cloud Commons, the Fountain Place area and Tower Square (the area immediately adjacent to the mall along Flying Cloud Drive and Prairie Center Drive). The Flying Cloud Commons area was recently developed as a horizontal mixed use development, consistent with Aspire. Next steps to implement the Mixed Use land use category include creating zoning district regulations that identify permitted uses and performance standards that would apply to properties guided for mixed use. This code amendment is expected in 2023. Mixed Use – Aspire Implementation 2023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Fountain Place (left) and Tower Square (right) are guided for Mixed Use development. 342023-2027 Community Development Strategic Plan Eden Prairie Center is an important economic asset to the community and region with over 1.3 million square feet of retail and entertainment related uses. To help ensure the mall’s long-term vitality, staff is encouraging ownership to consider alternative uses that have a synergistic relationship to retail for any future redevelopment opportunities. In early 2022, Hines Company was retained by mall ownership to conduct a market study and master plan for the 11-acre area currently occupied by JC Penney. City staff is collaborating with Hines in this effort and will include evaluating housing, hotel, office and entertainment uses to potentially replace future vacancies. Repositioning and expanding the uses allowed in and around the mall property is consistent with the policies and implementation strategies outlined in Aspire to maintain the long term viability and success of Eden Prairie Center. Priority/Timing: near term (2022-2023) Funding: private (no City contribution) Participants: Property owners, Planning, Economic Dev, Housing & Community Services Aspire 2040: “Hotels, housing, professional offices and entertainment destinations would increase both the daytime and nighttime populations, benefitting nearby retail businesses and helping to further diversify Eden Prairie’s economy. The City should coordinate with mall representatives and business owners to add these uses to Eden Prairie Center when large vacancies occur.” Eden Prairie Center Master Planning Section 3: Redevelopment Opportunity Sites Aspire 2040: Focus on created a more dynamic mix of land uses throughout Eden Prairie. Priority/Timing: ongoing Funding: TIF, Pooled TIF, TOD grants (Met Council and Hennepin County) Participants: Planning, Housing & Community Services, Economic Development 35 Additional High Profile Opportunity Sites 2023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Opportunities for large scale redevelopment exist in several areas in Eden Prairie. Although the timing of these future developments is uncertain, they have potential for generating significant value and helping meet the goals of Aspire 2040. Winter Park In 2017 the Minnesota Vikings vacated Winter Park, the 12-acre Eden Prairie training center, for a new facility in Eagan. Since 2018 the Vikings have leased the property to Lifetime Fitness, which operates a private soccer fitness center. Viking’s ownership met with staff on several occasions over the past four years to discuss various redevelopment concepts including apartments, office, hotel, and commercial uses. The most recent concept shared in late 2021 was for high density apartments and a mid-rise office building. A small amount of commercial use primarily to serve the apartment residents was also discussed. Staff will continue to collaborate with the Vikings on optimizing the redevelopment potential of the site but with a focus on high density residential development with an element of affordable housing. Former Vikings training facility at 9520 Viking Drive 362023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites UNFI United Natural Food Inc is the largest publicly traded wholesale distributor of food in the U.S. They own a 100+ acre corporate campus located on the south end of Bryant Lake that has capacity for additional office and high density residential development. Although most of the campus is zoned office, the westerly area is guided in Aspire 2040 for medium high density residential development. In 2021 UNFI indicated they are evaluating various development options and may seek a developer partner to help master plan and develop part of the property. United Natural Foods Incorporated (UNFI) 105 acres 11840 Valley View Road Bryant Lake Optum Optum, a subsidiary of UnitedHealth Group, is a pharmacy benefit manager and health care provider. Their 70-acre corporate headquarters is located in Eden Prairie at the corner of Shady Oak Road and Crosstown 62. They also currently lease a 400,000 square foot office building on Technology Drive near Eden Prairie City Center. Contiguous to this leased building is a 35-acre parcel owned by Optum/United Health Group that’s being held for potential future corporate expansion. The property is zoned industrial and guided office, but could be considered for office, residential or mixed use. Bryant Lake Optum/United Health Care 35 Acres 13625 Technology Drive 372023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Tennant Tennant is a publicly traded company that provides products used to clean and coat floor surfaces. In 2019 they purchased a 40-acre campus in Eden Prairie located on Anderson Lakes as their new global headquarters. The campus was formerly owned by Element, GE Fleet Services, and Gelco Corporation. In 2020 they demolished the easterly office building and may eventually replace it with a new research and development (R&D) facility. The campus also has 15-acres of vacant developable property guided in Aspire 2040 for industrial flex tech and office. The company has indicated they may use the property for future corporate expansion or possibly sell some of it. Although the property is guided for office it could potentially support mixed-use development as well. Tennant Company Global Headquarters 10400 Clean Street Aspire 2040: “Special Study Area Plans are intended to provide clear direction for future development and reinvestment.” Priority/Timing: mid term (2025-2026) Funding: Community Development/Planning budget Participation: Planning, Economic Development, Housing & Community Services Highway 5 and Eden Prairie Road Located east of Eden Prairie Road, south of Hwy 5, and north of 212, this area includes a wide range of land uses that may not be compatible in the long term. Some properties are nearing the end of their useful life and will need updates, which will provide opportunities for redevelopment. A special area study would help analyze how to maximize efficient site design while promoting land uses reflecting current trends and long term needs of the community. It would also proactively position the City to respond to development and redevelopment opportunities as they emerge. In the near term, City staff will determine how to best develop a special study area for this neighborhood. The study would aim to collect and analyze data regarding existing uses, ages and uses of structures, traffic patterns, market forces and community needs. Tower Square and Surrounding Eden Prairie Center Area The properties located adjacent to Eden Prairie Center to the south and west along Flying Cloud Drive and Prairie Center Drive have been developed as retail uses. These properties have been guided for mixed use development in Aspire 2040. While immediately adjacent to the mall, this area has different traffic circulation and site design parameters that should be considered as a part of any redevelopment in and around the mall area. Reviewing this area with an eye toward redevelopment potential would inform improvements to the broader area and look to create synergy between these properties and the mall. 38 Potential Future Land Use Studies 2023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Priority/Timing: ongoing Funding: not applicable Participation: Planning, Economic Development Martin Drive The Aspire 2040 plan includes a special area study of the Martin Drive area between Venture Lane and Mitchell Road. This is an area of the City that is comprised of aging industrial buildings that have begun to be repurposed for other uses. The objective of the study was to determine the best long term land uses for the area and the City. Implementation of the study includes the creation of the Flex Service zoning district to reflect the long term plans for this area. The creation of Flex Service is intended to be a short term effort with improvements and reinvestment more likely to occur in the long term. Industrial Area on Crosstown/Hwy 62 The Aspire 2040 plan considers two potential routes for this area: remain an older industrial hub or transform into a new business park. The area has potential for redevelopment if enough parcels can be assembled, but because of past industrial uses will require soil testing and possible environmental remediation. Potential uses could include industrial, office and limited commercial. Remaining an older industrial hub would include drafting amendments to City Code to address performance standards and permitted land uses to reflect the unique characteristics of this area. These amendments are expected as short to mid term priorities while reinvestment/redevelopment is expected as a long term item. 39 Aspire 2040: Implementation of Land Use Studies 2023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Martin Drive Industrial area south of Hwy 62 Aspire 2040: “Facilitate development of a full-service hotel with meeting space and entertainment uses on key redevelopment/infill sites.” 40 Priority/Timing: depends on supporting legislation Funding: TBD Participants: Public Works, Planning, MPCA Regulatory: new zoning district Aspire 2040 guides the former Flying Cloud Landfill site for Eco Innovation land uses. The intention is to provide opportunities for land uses on the property that promote sustainability, specifically solar uses, in order to maximize the use of the area. This effort will include creating a zoning district that corresponds to the Eco Innovation land use guiding and could be applied to other properties within the community as appropriate. Staff is in the process of drafting the zoning district language. City staff will coordinate efforts with Public Works staff, Commissions and SolSmart with the Metropolitan Council. Development of additional use(s) on the former landfill site will require collaboration with the Minnesota Pollution Control Agency (MPCA) as owner of the property and adoption of the MPCA’s final land use plan. Eco Innovation District and Project on Former Landfill Site 2023-2027 Community Development Strategic Plan Section 3: Redevelopment Opportunity Sites Priority/Timing: ongoing Funding: TBD Participants: Planning, Economic Development Eden Prairie lacks a full-service/hybrid hotel with meeting space. Attracting this type of facility remains a priority for the City. In 2014, national hotel consultant HVS was retained to evaluate the hotel market in Eden Prairie. The study found this market could support a hybrid hotel and identified potential sites including Eden Prairie Center, Winter Park, and the LRT station areas at City West and Golden Triangle. As of 2022 City staff is in discussions with representatives of Eden Prairie Center about the possibility of a hotel as part of a larger redevelopment. Eden Prairie Center Concept Hotel Opportunity Sites Aerial view of the former landfill site Aspire 2040: “Properties with this (Eco Innovation) designation shall be sized adequately to have the capacity to provide for appropriate transition areas or buffers from existing or planned differing land uses.” 41 Section 5 Potential Infill Sites 2023-2027 Community Development Strategic Plan The City regularly reviews properties that have been identified as having development potential or that staff receives inquiries about. Although the City doesn’t control how or when the sites develop, its helpful information to have on hand when developers ask for advice about locations for prospective projects. This section shares many of the properties City staff has identified as having development opportunities or has received inquiries on from the development community. Mill Creek property (1.6 acres)Zoned RM-6.5Guided Medium Density ResidentialCurrent pending application 10821 Blossom Road (0.9 acres) Zoned R1-22 Guided Low Density Residential Current pending application 422023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites Marshall Farm (30.5 acres)9905 Dell Road Zoned RuralGuided Low Density Residential Life Church properties (8 acres) 13901 St. Andrew Drive and 14100 Valley View Road Zoned and Guided Public 432023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites Vacant property (0.9 acres)9051 Flying Cloud Drive (2.22 acres)9061 Flying Cloud Drive (2.3 acres)9125 Flying Cloud Drive (2 acres) All Zoned I-2All Guided for Medium Density Residential *This location is also mentioned on page 9, Affordable Housing Opportunity Sites Marshall Farm Stand (3.5 acres) North of Pioneer Trail Zoned Rural Guided Low Density Residential Eden Heights East (1.3 acres) South of Pioneer Trail Zoned R1-22 Guided Low Density Residential * This property has an approved preliminary plat to create 4 lots 442023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites Chestnut Drive (5.72 acres) Zoned RM-2.5 Guided Medium High Density 452023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites MnDOT/Venture Lane property (approximately 5.8 acres) Not platted/zonedGuided Mixed Use*This location is also mentioned on page 9, Affordable Housing Opportunity Sites 9614 Crestwood Terrace (4.7 acres) Zoned Rural Guided Low Density Residential 462023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites Huber Funeral Home 16394 Glory Lane Zoned I-2 Guided Commercial Kline property (4.8 acres) 9700 Eden Prairie Road Pemtom property (1.7 acres) 9740 Eden Prairie Road Bunn property (0.9 acres) 9850 Eden Prairie Road All Zoned Rural All Guided Low Density Residential 472023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites Seifert property (11.2 acres)8390 Hiawatha AveZoned RuralGuided Low Density Residential Kurt Johnson property (2.2 acres) 11111 Anderson Lakes Pkwy Zoned R1-22 Guided Medium High Density Residential 482023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites Martin property (4.9 acres) 6585 Eden Prairie Road Zoned R1-22 Guided Low Density Residential 6385 Old Shady Oak Road (6.1 acres) Zoned Office Guided Industrial Flex Tech *This location is also mentioned on page 28, TOD Opportunity Sites 492023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites 6216 Baker Road (3.8 acres) Zoned and Guided Office 9000 and 9002 Riley Lake Road (9.42 acres) Zoned Rural Guided Low Density Residential 502023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites John Lassen properties (9 acres) 7025 Baker Road Zoned Rural Guided Medium Density Residential Gerald Moot property (6.4 acres) 6591 168th Street W Zoned Rural Guided Low Density Residential 512023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites Vacant property (1 acre) Hennepin Town Road Zoned Office Guided Commercial Ingram property (5.9 acres) 18900 Pioneer Trail Zoned Rural Guided Low Density Residential 522023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites 18011 Pioneer Trail (1 acre) Zoned Rural Guided Low Density Residential 9900 Spring Road (1.5 acres) Zoned Rural Guided Low Density Residential 9500 Flying Cloud Drive (3.44 acres) Zoned Rural Guided Low Density Residential 532023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites 17325 and 17305 Pioneer Trail (5.7 acres total) Both Zoned Rural Both Guided Medium Density Residential Properties west of Reeder Ridge 16870 Beverly Drive (5.1 acres) 17020 Beverly Drive (4.2 acres) 17170 Beverly Drive (5.4 acres) 17135 Beverly Drive (5 acres) All Zoned Rural, all Guided Low Density Residential 542023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites Dvorak Farm (5.8 acres) 6745 and 6685 Flying Cloud Drive Zoned I-5 Guided Industrial Flex Tech Former Pauley property (4.3 acres) 17450 78th St W Zoned R1-22 Guided Low Density Residential 552023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites 10001 Dell Road (6.1 acre) 10003 Dell Road (7 acres) 10005 Dell road (5.5 acres) 10011 Dell Road (12.9 acres) All Zoned Rural All Guided Low Density Residential above MUSA line and Rural MUSA line 562023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites 18392 and 19108 Twilight Trail (both just over 1 acre) Zoned R1-13.5 Guided Low Density Residential Hennepin County property (0.69 acres)8928 Preserve BlvdZoned RM-6.5Guided Medium Density Residential 572023-2027 Community Development Strategic Plan Section 4: Potential Infill Sites 10720 Hennepin Town Road (4 acres) Zoned Rural Guided Low Density Residential Saunders properties (58 acres) Zoned Rural Guided Low Density Residential and Parks/Open Space 13160, 13120 and 13090 Pioneer Trail (1.39 acres) Two are zoned Industrial, one is zoned Rural All guided Commercial Housing Funding Source Descriptions Tax Increment Financing (TIF) Housing Districts The incremental taxes generated from the increased value (assessed value) of an improved property/new housing project are used to help finance qualified improvements over a specific period. Projects financed with TIF housing funds must provide rents affordable to persons with income below 50% of the Area Median Income (AMI) on 20% of the total units, or below 60% of AMI on a minimum of 40% of the total units. Required affordability in TIF districts typically lasts 26 years. TIF Pooled Housing and Admin Funds Existing TIF Housing Districts often include provisions for a percentage of the tax increment funds to be pooled for future affordable housing projects. These funds can be used to help finance new affordable housing development or improvements to existing units as a long as income limits are met by the residents. These funds can also help support City programs such as the First Time Homebuyer Program and Housing Rehab Program for residents with moderate incomes who do not qualify for CDBG (see below). A small percentage of the tax increment from projects is also allocated to cover administrative expenses. These TIF Admin funds can be used for staff time and attorney and consultant costs. Community Development Block Grant Program (Federal) Created by HUD in 1974, this federal program provides annual entitlements to qualifying cities based on a population, age of housing and poverty level formula. Cities have the flexibility to use these funds in a variety of ways to address issues affecting residents with low to moderate incomes. Eden Prairie dedicates 85% of its funding for housing related activities: the First-Time Home Buyer Program, Community Land Trusts, and the Housing Rehabilitation Loan Program. CDBG- financed projects must provide rents or otherwise serve households with an income below 80% of AMI. 15% of CDBG funds are used for social services grants to organizations such as PROP, Senior Community Services, and Meals on Wheels. Any grant or loan proceeds that are repaid for these activities can be recycled into other CDBG-eligible efforts. 58 Appendix 2023-2027 Community Development Strategic Plan Local Affordable Housing Aid (LAHA) LAHA is a program passed by the Minnesota Legislature in 2023 to provide aid directly to communities to fund affordable housing projects. The funding is derived from a metro area sales tax, resulting in a variable amount being received by the City each year. The City will receive allocations twice a year that must be spent on affordable housing needs within 4 years of receipt. City staff will review funding to be received annually and prepare a spending plan for the following year to address areas of most impact with a focus on City Council's priorities. The annual spending plan will be shared with the City Council. Housing Revenue Bonds Housing Revenue Bonds are an additional funding source that can be used to finance the creation of rental housing through the Low Income Housing Tax Credit (LIHTC) program or the rehabilitation of owner-occupied or renter-occupied residential units to maintain our existing housing stock. The City can participate in the Housing Revenue Bond process to help Eden Prairie property owners finance improvements to multi-family developments with moderate and low-income families and seniors. The City retains a small percentage fee from the origination and sale of the bonds to cover City incurred costs. Other Grants, Loans and Incentives A number of other grants, loans and incentives are available for housing projects that include affordable components. Hennepin County administers the Affordable Housing Incentive Fund (AHIF) program that provides loans for rehab or construction of affordable housing in addition to several federal funding sources and programs. The Metropolitan Council administers the Local Housing Incentive Account (LHIA), the Livable Communities Demonstration Account (LCDA) and Transit Oriented Development (TOD) grants, all of which give preference to developments with affordable housing. The Minnesota Housing Finance Agency (MHFA) makes funding awards through a variety of new and preservation-oriented programs and fund sources to fully or partially affordable efforts throughout the state. In the NOAH space, the Greater Minnesota Housing Fund and AEON have developed specialized funds providing equity investments to support the preservation of existing affordable rental housing that’s at risk of becoming market rate. Affordable Housing Trust Fund In 2022, the City established an Affordable Housing Trust Fund. Staff will continue to pursue funding sources for the fund and identify proposed uses to promote and preserve affordable housing in Eden Prairie. 59 Appendix: Housing Funding Sources 2023-2027 Community Development Strategic Plan 60 Federal CDBG Expenditures and Projections 2023-2027 Community Development Strategic Plan Housing Funding Details Appendix: Housing Funding Sources Program Year 1 Available Funding2 Expenditures CDBG Allocation Program Income Earned Housing Rehab Affordable Housing Public Service Program Admin 2011 $233,334 $107,983 $379,104 $47,125 $54,000 $37,207 2012 $243,436 $404,227 $415,381 $96,600 $52,000 $37,000 2013 $253,017 $100,699 $66,136 $179,590 $64,000 $43,000 2014 $224,976 $189,126 $152,644 $98,130 $47,800 $40,000 2015 $227,139 $161,896 $135,678 $144,000 $54,000 $46,000 2016 $210,636 $214,856 $136,300 $105,000 $53,000 $48,513 2017 $219,725 $233,467 $354,858 $136,500 $53,000 $45,230 2018 $243,956 $161,938 $282,677 $60,000 $55,000 $60,212 2019 $251,369 $173,483 $202,000 $75,000 $60,000 $61,725 2020 $285,634 $140,205 $200,077 $110,000 $61,000 $72,363 2021 $311,079 $219,688 $135,000 $80,000 $67,000 $73,471 20223 $295,331 $95,000 $169,331 $90,000 $74,000 $70,000 1 Program year is from July 1-June 30 2 Available funding not allocated in current program year may be carried forward and expended in future years. 3 Estimated Year Annual Revenue Balance 2 2011 $238,230 2012 $303,219 $541,449 2013 $233,222 $774,671 2014 $276,956 $1,051,627 2015 $268,163 $1,319,790 2016 $267,572 $1,587,362 2017 $277,570 $1,864,932 2018 $577,570 $2,442,502 2019 $198,624 $2,641,126 2020 $198,624 $2,839,750 2021 $324,771 $3,268,101 2022 $367,102 $3,635,203 2023 $367,102 $4,002,305 Total $3,898,725 61 Pooled Housing TIF Funds – Annual Revenue 1 Fund projections beginning in 2022 2 Balance excludes expenditures Project Total Cost 2023-27 Maximum Cost Per Project TOD Moderate Income Housing Projects Financing $1.5M $500K Preservation of Naturally Occurring Affordable Housing (NOAH)$800K $400K Other Affordable $500K $250K First Time Home Buyer Loans / Housing Rehab Loans $500K ($100K per year)Not Applicable St John’s Wood Rehab Loans Anticipating approximately $550K (Final amount TBD by 1/15/25) $15K/unit Pooled Housing TIF Funds – Proposed Uses 1 2023-2027 Community Development Strategic Plan Appendix: Housing Funding Sources 62 Housing Revenue Bonds Year Issued Issued For Amount Issued Status 1987 Fountain Place I $24,653,106 Completed 1997 Fountain Place II $12,600,000 Completed 1998 Castle Ridge $3,670,000 Completed 2000 SWB, L.L.C. Project $2,035,000 Completed 2001 Eden Glen Apartments Project $2,490,000 Completed 2001 Park at City West $14,905,000 Active 2001 Rolling Hills Project $23,300,000 Completed 2003 Elim Shores $2,855,000 Active 2010 Prairie Meadows $5,805,467 Completed 2014 Castle Ridge - Broadmoor Apartments $10,000,000 Completed 2016 Eden Glen Apartments Project A $2,390,000 Active 2016 Eden Glen Apartments Project B $2,820,000 Active 2023-2027 Community Development Strategic Plan Appendix: Housing Funding Sources Program Proposed Expenditure 2024 Allocation Spent First Time Homebuyer $25,000/HH $100,000 Rehab $10,000/HH $90,000 1st Generation 1st Time Homebuyer $30,000/HH $60,000 Rental Assistance $86,000 $86,000 TOTAL: $336,000 2025 Local Affordable Housing Aid (LAHA) Proposed Spending Plan 63 Economic Development Fund The City’s Economic Development Fund was established in the early 1990’s to support projects that create jobs, improve tax-base, support redevelopment efforts, or otherwise enhance the quality of life in the community. The fund was initially capitalized through the sale of various City-owned surplus properties. Current revenue is limited to proceeds from leasing a City-owned daycare property located at 8098 Glen Lane. The daycare property was purchased in 2009 as part of improvements to the area with the intent to eventually sell for redevelopment with adjacent properties currently occupied by the Dollar Store, Salon Concepts, Petco, and Champps. That sale is expected to be the final source of capital for the Economic Development Fund. Tax Increment Financing (TIF) Redevelopment & Economic Development Districts Future property Tax revenue increases from a defined area or “district” are used to fund an economic development project or public improvement project. For redevelopment districts, the district must be “blighted” or meet other designation criteria that would warrant investment. TIF redevelopment district funds must be used to fix the conditions that created the district (i.e. blight). For economic development districts, funds must be used to expand employment or tax base for specific industries as identified by the State of Minnesota. TIF Pooled Redevelopment and Economic Development Funds and Admin Funds A percentage of tax increment financing can be pooled to be used outside of the established district for other projects. In redevelopment districts, 25% of the tax increment may be pooled. In economic development districts, 20% of the tax increment may be pooled. Pooled funds may be used for certain infrastructure improvements that serve the TIF Redevelopment or Economic Development area. A small percentage of the tax increment from projects is also allocated to cover administrative expenses. 2023-2027 Community Development Strategic Plan Appendix: Economic Development Funding Sources Economic Development Funding Source Descriptions 64 Economic Development Fund 1 Actual daycare rental income thru 2021 and projections thru 2030 and beyond. The 2022 daycare property market value - $741,000. 2 Based on proposed 2023-2032 Capital Improvement Plan (CIP). 2023-2027 Community Development Strategic Plan Appendix: Economic Development Funding Sources Minnesota Department of Employment and Economic Development (DEED) The Economic Development Division uses various DEED grant programs such as: the Minnesota Investment Fund (MIF) and Jobs Creation Fund (JCF) that provides financing to add new workers and retain high quality jobs, the Transportation Economic Development (TED) Program that’s available to communities for highway improvement and public infrastructure projects that create jobs and sustain economic development, and the Innovative Business Development Public Infrastructure (BDPI) program, which focuses on job creation and retention through the growth of new innovative businesses and organizations by providing grants for up to 50% of the capital cost of the public infrastructure necessary to expand or retain jobs. Miscellaneous Sources Depending on the project, the Economic Development Division may receive additional funding resources from private developers, the Eden Prairie Chamber of Commerce, the City’s CIP, and various potential grant opportunities. Economic Development Funding Details Year Cash Balance Rental Income (Daycare) 1 Project Expenditures 2 Balance 2022 $2,718,614 $81,386 $(100,000)$2,700,00 2023 $2,700,000 $87,149 $(935,000)$1,825,149 2024 $1,852,149 $89,763 $(545,000)$1,421,912 2025 $1,421,912 $92,456 $1,514,368 2026 $1,514,368 $95,230 $1,609,598 2027 $1,609,598 $98,087 $(1,000,000)$1,307,689 2028 $1,307,685 $101,029 $1,408,714 2029 $1,408,714 $104,060 $1,512,774 2030 $1,512,774 $107,182 $1,619,956 65 Project Description Year Cost1 Entry Monument Signs 2023-2024 $275,000 2 City West Entry Monument Art 2024 $200,000 Flying Red Horse Plaza and Town Center Sign 2023 $100,000 Station Area Bike Racks and Plantings 2024 $320,000 West 70th Street (eastern segment)2023 $ 560,0002 Shady Oak Road (Flying Cloud Dr to Valley View Rd)2027 $400,000 North-South Roadway (“Main Street” in Town Center)TBD TBD Business Retention & Expansion 2027 $1,000,000 Co-Location/Collaborative Work Space 2024 $25,000 Economic Development Fund Proposed Uses 1 Cost only includes expenditure from Economic Development Fund; total project cost may be higher. 2 Will evaluate uses of Pooled Redevelopment TIF Funds as an alternative funding source to preserve the Economic Development Fund. 2023-2027 Community Development Strategic Plan Appendix: Economic Development Funding Sources Pooled Redevelopment TIF Funds – Annual Revenue 1 Fund projections beginning in 2022 2 Balance excludes expenditures Year Annual Revenue Balance 2 2011 $393,966 2012 $401,805 $795,771 2013 $454,910 $1,250,681 2014 $289,023 $1,539,704 2015 $350,868 $1,890,572 2016 $364,328 $2,254,900 2017 $353,214 $2,608,114 2018 $56,834 $2,664,949 2019 $58,047 $2,722,996 2020 $60,051 $2,783,046 2021 $31,838 $2,814,884 2022 $30,030 $2,844,914 2023 $30,030 $2,874,943