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HomeMy WebLinkAboutCity Council - 12/02/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Dec. 2, 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. Local Option Sales Tax Discussion Council Chambers II. Open Podium III. Adjournment Agenda Eden Prairie Housing and Redevelopment Authority Meeting 7 p.m. Tuesday, Dec. 2, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Housing and Redevelopment Authority Members: Chair 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, City Attorney Maggie Neuville, and Finance Manager Tammy Wilson MEETING AGENDA HRA.I. Call the HRA meeting to order HRA.II. Approve the minutes of HRA meeting held on September 2, 2025 HRA.III. Adopt Resolution approving the 2026 property tax levy and accepting the proposed 2026 budget HRA.IV. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, Dec. 2, 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, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, November 18, 2025 B. City Council Meeting held Tuesday, November 18, 2025 VII. Consent Calendar A. Clerk’s List B. Adopt Resolution accepting donations and in-kind contributions C. Marshall Gardens by Lake West Development. Adopt Resolution amending Resolution No. 2025-076 relating to the conditional approval of the Development Agreement for Marshall Gardens D. Adopt Resolution approving Joint Powers Agreements and Court Data Services Subscriber Amendment to the CJDN Subscriber Agreements with the City on behalf CITY COUNCIL MEETING AGENDA December 2, 2025 Page 2 of the Police Department and its Prosecuting Attorney E. Adopt Resolution and authorize entry into labor agreement with International Association of Firefighters (IAFF) F. Adopt Resolution and authorize entry into labor agreement with the International Union of Operating Engineers (IUOE) Local 49 G. Approve purchase and implementation of Vitec IPTV in the remodeled Police Department H. Approve purchase of dispatch console furniture for Police Department remodel project I. Approve one-year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission (MAC) J. Accept proposal and authorize entering a Contract for Goods and Services for the RTA Maintenance Trail Retaining Wall with Johnson Companies LLC K. Move to approve the contract for goods and services for the Park Entry Monument Sign Refurbishment Project with Indigo Signs L. Approve cost share and maintenance agreement between the Lower Minnesota River Watershed District and the City of Eden Prairie for the Study Area 3 Project M. Award contracts for 26-6253.1 Water Treatment Chemicals for 2026 N. Authorize Sale of Fire Vehicles to other Fire Departments VIII. Public Hearings and Meetings A. Adopt Resolution certifying 2026 Property tax levy, adopting 2026 budget, and approving 2026 HRA tax levy B. Approve first and second readings of Ordinance updating 2026 fee schedule for administration of official controls and adopt Resolution approving summary ordinance C. Adopt Resolution approving 2026 fees for city services IX. Payment of Claims X. Ordinances and Resolutions XI. Petitions, Requests, and Communications CITY COUNCIL MEETING AGENDA December 2, 2025 Page 3 XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment Housing and Redevelopment Authority Agenda Cover Memo Date: Dec. 2, 2025 Section: Housing and Redevelopment Authority Item Number: HRA.III. Department: Rick Getschow, City Manager, Administration ITEM DESCRIPTION Resolution approving the 2026 HRA property tax levy and accepting the 2026 budget. REQUESTED ACTION Move to adopt resolution certifying the 2026 HRA property tax levy to be $230,000 and approving the 2026 HRA budget of $230,000 as reviewed by the Council. SUMMARY On September 2, 2025 the HRA approved the proposed 2026 HRA property tax levy and budget. Also on September 2, 2025, the Eden Prairie City Council adopted resolutions consenting and approving the proposed 2026 HRA property tax levy and budget. Minnesota law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. ATTACHMENTS Resolution HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2025-__ RESOLUTION APPROVING THE HRA 2026 PROPERTY TAX LEVY AND ACCEPTING A BUDGET FOR GENERAL OPERATIONS WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2026 budget and tax levy; and WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations. NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority: 1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2026 budget contingent upon City Council approval. Levy on Tax Capacity $230,000 2. Approves the 2026 proposed budget totaling $230,000 at this time. ADOPTED by the Housing and Redevelopment Authority on December 2, 2025. __________________________ Ronald A. Case, Chair SEAL ATTEST: ______________________________ Rick Getschow, Executive Director Unapproved Minutes Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Nov. 18, 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 Guest Speakers: Finance Manager Tammy Wilson and Liquor operations Manager Jaime Urbina MEETING AGENDA Heritage Rooms I. Enterprise Funds: Water, Wastewater, Stormwater, And Liquor – Finance Manager Tammy Wilson and Liquor Operations Manager Jaime Urbina Getschow introduced Finance Manager Tammy Wilson to present the annual enterprise funds update. Wilson explained the goals of the utility system including a safe and reliable water supply, the safe removal of wastewater, a storm water system that protects property and environment, a reasonable rate structure allowing for services and capital improvements, and promoting conservation. Each year a company conducts a study comparing utility rates for water, wastewater, and stormwater. Eden Prairie has the tenth lowest utility rates of the 36 cities surveyed, an improvement from 2023 when Eden Prairie was twelfth. Case asked how the City’s Sewer Access Charge (SAC) and Water Access Charge (WAC) fees compare. Ellis answered the City had competitive SAC and WAC fees the last time fees were compared a few years ago. Case noted he would be interested in an up to date comparison. Narayanan asked if an increase in water consumption could cause the City to lower rates. Case noted that would hinder the sustainability goal of improving conservation. Nelson added the City’s lawn watering ordinance allowing irrigation every other day helps water conservation. CITY COUNCIL MEETING AGENDA November 18, 2025 Page 2 Toomey asked if violators are ticketed. Ellis confirmed the City issues warnings and tickets in drought years. Wilson explained Eden Prairie is one of six metro area cities that softens water. Adding in the cost to soften water to Cities that don’t soften, the City would still have the second lowest rates. Case noted the good investment of building the water softening system back in the 1990s as the current cost to build would be over $100 million. Wilson displayed a graph of cumulative water pumped in gallons since 2021. The ten year average continues to decrease as residents conserve more and appliances become more efficient. Narayanan asked what happens if residents consume more water. Ellis answered the aquifer would be stressed. Surrounding cities all pull water from the same aquifer. It slowly recharges, but multiple drought years combined with excessive use will cause problems. Nelson asked if all cities pulling from the aquifer have ordinances mandating every other day watering. Ellis confirmed larger cities do, but smaller communities may lack conservation ordinances. Wilson explained Eden Prairie commissioned a rate study in 2017 to project necessary rates to meet the fund balance policy for the next decade. The study recommended a three percent rate increase annually, which the City has followed. The rate study also projects revenue, and operating results are consistent with projections. Narayanan asked if rates could be reduced. Ellis noted if rates are reduced, capital maintenance projects must be eliminated. These projects are necessary to support the system. Wilson explained the Water budget has a three percent proposed revenue increase. The proposed expense increase of 4.8 percent is mainly due to chemicals to treat water. Income before depreciation is positive. In the Wastewater budget, revenue and expenses are projected to increase three percent. The majority of the wastewater budget expense is the Metropolitan Council Environmental Services (MCES) fee. Narayanan asked how much the MCES fee is increasing. Wilson confirmed the City’s MCES fee is increasing two percent, but the average increase across all cities is 5.8 percent. Toomey asked if a 5.8 percent rate increase is average for MCES. Ellis confirmed MCES has aggressive rate increases. The City completes preventative work such as lining manholes and repairing bad joints to prevent inflow and infiltration into the CITY COUNCIL MEETING AGENDA November 18, 2025 Page 3 system, keeping Eden Prairie’s rate increase low. Wilson explained Stormwater fund revenue is projected to increase three percent in 2026 and 2027. Narayanan asked if the City charges for water on a linear scale. Case answered the City has a tiered price system. Wilson explained the Enterprise Fund’s fund balance policy. 90 days of operating expenses, next year’s debt service payments, and two years of capital expenses are maintained. The water, wastewater, and stormwater funds are all currently in compliance with this policy. Fund balance fluctuates year to year with capital projects. A few upcoming projects include Dell Road water and sewer, geothermal heat at the Water Treatment Plant, and the purchase of 7955 Wallace Road. Case pointed out the enterprise funds are self-sufficient, insulating the general fund from tax levy impacts. Getschow gave an example of a nearby City who previously transferred additional liquor revenue to the general fund. When the liquor store performed poorly one year, the tax levy needed to be raised. Instead, Eden Prairie transfers excess liquor revenue to the Capital Improvement and Maintenance fund so the general fund isn’t reliant on the enterprise funds. Narayanan asked if the City could raise the price of water by two percent and push two percent to the general fund. Case answered if there is a high precipitation year and water usage goes down, it would leave a gap in the general fund. The tax levy would need to be raised to backfill. Liquor Operations Manager Jaime Urbina explained the operational goals of Eden Prairie Liquor including controlling alcohol sales within the City, maximizing profit and supporting the City’s Capital Improvement Plan, providing excellent customer service, and engaging in the community. Year-to-date sales are down 1.5 percent, driven by a decreased customer count. People are consuming less alcohol and more THC nationwide. EP Liquor is still outperforming surrounding cities municipal liquor, where sales have decreased three percent or more. Urbina explained sales have increased every year for the past eight years, with a small decrease in 2025. Gross profit of 30.1 percent has increased compared to 28.8 percent last year, mainly due to THC introduction. Gross profit has increased nine out of the past ten years, mainly due to changes in purchasing and inventory management. Narayanan asked how tariffs affect sales. Urbina answered tariffs are projected to begin next year. Narayanan asked what percentage of CITY COUNCIL MEETING AGENDA November 18, 2025 Page 4 sales are from imported products. Urbina stated while those percentages aren’t readily available, wine will be the most affected. THC sales have increased 23.8 percent over last year. Narayanan asked for the margin on THC products. Urbina answered THC has a margin of 50 percent, the highest in any category. Edibles and single servings are driving the high sales. Urbina explained the key priorities of Eden Prairie Liquor including the GUEST customer service model, prioritizing tastings, inventory management, good selection, and increasing gross margin. The ecommerce site is getting revamped. Toomey asked if EP Liquor offers delivery. Urbina confirmed EP Liquor does not deliver. Urbina next detailed community events including sip and learns, arts in the park, prairie brewfest, happy hour for hunger, and the PROP annual dollar drive. Urbina displayed the 2026 and 2027 budget, which is projecting sales to increase one percent in both years. THC will be a large driver. Narayanan asked how much effect THC has on sales. Urbina noted THC sales are roughly $750 thousand. At the current growth rate, they will likely be over $1 million at the end of 2026. Personnel costs account for 56 percent of the budget, and building rent is 11 percent of the budget. Nelson pointed out the convenient locations of EP Liquor stores. Urbina confirmed all locations are next to grocery stores in high traffic areas and set up for customers to quickly find what they’re looking for. Urbina displayed results of the customer satisfaction survey. The perception of high price continues to decline. EP Liquor has had five years with a positive net promoter score, currently in the 50 percent range. The Council members thanked Wilson and Urbina for their time and efforts. Council Chambers II. Open Podium III. Adjournment Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, Nov. 18, 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, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. Adopt Resolution No. 2025-104 accepting Eden Prairie Lions Club donation to Parks and Recreation for public access AEDs Markle explained these donations will help further Eden Prairie’s mission to provide public access AEDs at locations throughout the City. Eden Prairie Lions Club Member Gary Watkins presented the donation to the Council. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2025-104 accepting a donation of $21 thousand from the Eden Prairie Lions Club for public access AEDs. Motion carried 5-0. B. 2025 Sustainable Eden Prairie Awards Getschow explained that the Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability CITY COUNCIL MEETING AGENDA November 18, 2025 Page 2 of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, water, and waste. The eligibility criteria include property improvements and organized programming or initiatives so that both physical improvements and behavioral changes can be recognized. Student Sustainability Commission Members Ava Muilenberg, Avni Maheshwari, Lillian Beutz, Atharva Sarmah, Ipshita Tiwari, Paili Rice, and Syon Shetty presented the awards to the recipients and the Council. The recipients of the 2025 Sustainable Eden Prairie Awards are: • Buy Nothing Eden Prairie – Waste • Winnebago Industries – Landscape • Chris Adams – Waste • Applewood Pointe – Waste C. Proclaim November 29, 2025, as Small Business Saturday in Eden Prairie. Getschow explained that this proclamation is in support of Eden Prairie’s business economy and urged residents to support small businesses and merchants on Small Business Saturday and throughout the year. Mayor Case read aloud a Proclamation declaring November 29, 2025, as Small Business Saturday in Eden Prairie. V. Approval of Agenda and Other Items of Business MOTION: Narayanan moved, seconded by Toomey, to approve the agenda as published. Motion carried 5-0. VI. Minutes MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, October 21, 2025, and the City Council meeting held Tuesday, October 21, 2025, as published. Motion carried 5-0. VII. Consent Calendar A. Clerk’s List B. Adopt Resolution No. 2025-105 in support for suburban transit providers C. Adopt Resolution No. 2025-106 approving change of premises on permit for lawful gambling to be conducted by the Eden Prairie Hockey Association D. Adopt Resolution No. 2025-107 and agreement for purchase and installation of CITY COUNCIL MEETING AGENDA November 18, 2025 Page 3 new pier at Round Lake Park in 2026 with Minnesota Department of Natural Resources E. Approve cost share grant agreement with plow blades with Nine Mile Creek Watershed District F. Approve work order for traffic signal optimization project with MnDOT G. Award contract for traffic signal connectivity and maintenance to Traffic Control Corporation H. Award contract for bike shelter and racks to Parkitect I. Award contract for Water Treatment Plan HVAC system geothermal upgrade to Pioneer Power, Inc. J. Approve Amendment to the Professional Services Agreement with WSB for the Dell Road Improvement Project K. Authorize entering into an agreement for resident mobile sauna operator for winter 2025-2026 with Stonegrove Saunas L. Approve standard agreement for contracted services for removal of Pioneer Trail ash trees with Shadywood Tree Experts M. Approve cooperative service agreement for deer management program with United States Department of Agriculture N. Approve Eden Prairie Firefighter Relief Association (EPFRA) Bylaw changes as unanimously recommended by the EPFRA Board of Trustees and approved by the general membership of the EPFRA MOTION: Nelson moved, seconded by Freiberg, to approve Items A-N on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings IX. Payment of Claims MOTION: Narayanan moved, seconded by Nelson, 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." X. Ordinances and Resolutions XI. Petitions, Requests, and Communications CITY COUNCIL MEETING AGENDA November 18, 2025 Page 4 XII. Appointments Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director 1. New Parks and Recreation App Markle explained the Parks and Recreation Department is launching a new app that will be downloadable from all app stores. It has been developed over the past year in collaboration with the Communications Team and input from Staff, Commissioners, and residents. The new app will allow people to access many features that are found on the City website from the convenience and efficiency of their cell phone. People will be able to navigate Park Finder, See click Fix, Program and Camp Registration, job announcements, facility rental reservations, City events, and scan in their membership at the Eden Prairie Community Center and Senior Center. Once downloaded, people can opt to get Park and Recreation updates sent to their phone. Markle said she is excited to unveil the app to the community in the first week of December, and hopes to make Eden Prairie Parks and Recreation communications easier and accessible from the palm of your hand. Case asked if there are any other app features for the residents, such as paying Utility bills, that are not connected to the Parks and Recreation app. Getschow explained that the app See Click Fix, which is connected to the Parks and Recreation app, has been implemented by the City, and can be used to report maintenance issues directly to Staff, such as broken street lights around the City. Getschow stated that, in terms of paying a Utility bill or setting up a building inspection online, those capabilities exist through the City website, but not in an application form. Case said the Parks and Recreation app is exciting because it could set the stage for a City-wide app later on. Case asked if a City-wide app could be made that would tie all other Departments together. Getschow responded that it could be, but it would require the proper app that could handle 40 different systems that communicate together in one app. Case asked what the Parks and Recreation app cost, and what the estimate CITY COUNCIL MEETING AGENDA November 18, 2025 Page 5 of a City-wide app would be. Getschow said he was not sure what the Parks and Recreation app cost. Getschow stated that the cost is not what is prohibiting the City from creating a City-wide app; it is a technology issue. Markle explained that the Parks and Recreation app is supported by Vermont Systems, and cost the City $10,000 to create the app. Case asked if there are ongoing costs associated with tech support for the app. Markle confirmed that is correct. Narayanan said he is very excited about this app, and this was an idea he had brought up several years ago, and is glad to see the City is moving towards app use, because residents do not use PC’s anymore. He said he hopes eventually the City can move to one consolidated app for everything. Case added that more conversations could happen in February about creating a consolidated City-wide app that could make Eden Prairie technologically advanced. He thanked Markle for her work towards the creation of the Parks and Recreation app. E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIII. Other Business XIV. Adjournment MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:36 p.m. Respectfully submitted, ____________________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.A. Department: Police/Support Unit ITEM DESCRIPTION Clerk’s License Application List REQUESTED ACTION Approve the licenses listed below SUMMARY Gambling/Bingo Organization: Eden Prairie Chamber of Commerce Place: T.J. Hooligan’s Eden Prairie 6411 City West Parkway Date: February 12, 2026 Temporary On-Sale Wine Organization: City of Eden Prairie Event: Wine & Beer Tasting Date: February 26, 2026 Place: EP City Center Heritage Rooms 8080 Mitchell Road Amendment to Liquor License – 2AM Closing Permit Eden Prairie Sports Bar, Inc DBA: Champps; Champps Kitchen & Bar 8010 Glen Lane 2026 Renewal Licenses On-Sale & Sunday Cocktail Room & Off-Sale & Sunday Microdistillery Flying Dutchman Spirits LLC 6081 Flying Cloud Drive On-Sale & Sunday Liquor & Off-Sale & Sunday Brewpub Fat Pants Brewing Company LLC DBA: Fat Pants Brewing Company 8335 Crystal View Road On-Sale Club Eden Prairie Lions Club Inc DBA: Eden Prairie Lions Club On-Sale and Sunday Liquor American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18 Apple Minnesota LLC DBA: Applebee’s Neighborhood Grill & Bar On-Sale and Sunday Liquor (continued) Bearpath Golf & Country Club, Ltd Ptsp of MN DBA: Bearpath Golf & Country Club Bent Creek Golf Club, LLC DBA: Bent Creek Golf Club Leiserv, LLC DBA: Bowlero Eden Prairie Brick & Bourbon Eden Prairie LLC DBA: Brick & Bourbon BUCA Restaurants 2, Inc DBA: BUCA di BEPPO Compass Group USA, Inc DBA: Cafeleven Eden Prairie Sports Bar, Inc DBA: Champps; Champps Kitchen & Bar Crave Hospitality EP, LLC DBA: CRAVE Gyu Mai Japanese BBQ LLC DBA: Gyu Mai Japanese BBQ Eden Prairie Lodging Group LLC DBA: Hilton Garden Inn HP Eden Prairie LLC DBA: Hyatt Place Minneapolis Eden Prairie TOG Kona Sushi LLC DBA: Kona Grill Mi Pueblo Dos, LLC DBA: Mi Pueblo Mexican Restaurant Old Chicago Taproom II, LLC DBA: Old Chicago Pizza & Taproom Olympic Hills Corporation DBA: Olympic Hills Golf Club Zheng 168, Inc DBA: Osaka On-Sale and Sunday Liquor (continued) Pizza Luce IX, Inc DBA: Pizza Luce LTF Club Operations Company, Inc DBA: RARE Redstone American Grill, Inc DBA: Redstone American Grill Michaeldavid Hospitality LLC DBA: T.J. Hooligan’s Eden Prairie Tavern 4 & 5 LLC DBA: Tavern 4 & 5 Hearth LLC DBA: The Hearth Wildfire Eden Prairie, LLC DBA: Wildfire On-Sale Wine with Strong Beer & 3.2 Beer On-Sale Davanni’s Inc DBA: Davanni’s Pizza & Hot Hoagies Detello’s Inc DBA: Detello’s Pizza & Pasta Ernie Rose Golf LLC DBA: Ernie Rose Golf Sri Saravana LLC DBA: Godavari Indian Restaurant Hometaste Inc DBA: Hometaste Hongkong Cuisine Hot Pot City LLC DBA: Hot Pot City India Palace New Inc DBA: India Palace INDIA SPICE HOUSE LLC DBA: India Spice House On-Sale Wine with Strong Beer & 3.2 Beer On-Sale (continued) EDEN PRAIRIE 888 INC DBA: Kyoto Sushi Lions Tap Inc DBA: Lions Tap My Burger Operations LLC DBA: My Burger Peoples Eden Prairie LLC DBA: Peoples Organic Coffee & Wine Café PMEP LLC DBA: Pho Mai Civitali Restaurant Corp DBA: Punch Neapolitan Pizza Scale LLC DBA: Rhody’s Craft House & Grill Puregrace LLC DBA: Smith NPB Financial LLC DBA: X-Golf Eden Prairie 3.2 Beer On-Sale CSM RI Eden Prairie LLC DBA: Residence Inn by Marriott Minneapolis Southwest 3.2 Beer Off-Sale Bobby & Steve’s Auto World Eden Prairie LLP DBA: Bobby & Steve’s Auto World Costco Wholesale Corp DBA: Costco Wholesale #783 Jerry’s Enterprises, Inc DBA: Cub Foods D&T Eden Prairie LLC DBA: Hampton Inn Eden Prairie 3.2 Beer Off-Sale (continued) Jerry’s Enterprises, Inc DBA: Jerry’s Foods Kowlaski’s Uptown Markets, Inc DBA: Kowalski’s Markets Northern Tier Retail LLC DBA: Speedway #4159 Northern Tier Retail LLC DBA: Speedway #4269 Northern Tier Retail LLC DBA: Speedway #4441 Commercial Kennel Destination Pet LLC DBA: Hound Dog Pet Hotel 13013 Valley View Road Kingdale Kennels, Inc 6574 Flying Cloud Dr Paws, LLC DBA: Paws Doggy Daycare 6340 Industrial Drive #100 Wag ‘n Woofs, LLC DBA: Wag ‘n Woofs 7071 Shady Oak Road Private Kennel Michael Kelley 8575 Big Woods Lane Carly Lodewyks 8701 Bentwood Dr Reid & Jeanne Mandel 10541 East Riverview Drive Annette & John Thayer 9263 Preston Place Richard & Cynthia Warren 18620 Jacques Court City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.B. Department: Administration/Finance ITEM DESCRIPTION 2025 donations and in-kind contributions to the city REQUESTED ACTION Adopt Resolution accepting various donations and in-kind contributions SUMMARY ATTACHMENTS Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025 - ___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The donations to the City totaling $20,608 and in-kind contributions to the City from various donors are hereby recognized and accepted by the Eden Prairie City Council. Donor Program/Event Amount Anonymous Art Center $10,000.00 Hopkins VFW Post #425 Day of Service 1,500.00 Eden Prairie Schools Community Center 1,021.00 Foxjets Community Center 1,021.00 Best Brains Learning Center Harvest to Halloween 100.00 Eden Prairie Noon Rotary Iftar Celebration 500.00 New American Development Center Iftar Celebration 500.00 Eden Prairie Crime Prevention Iftar Celebration 500.00 Eden Prairie Community Foundation Iftar Celebration 250.00 James Ell-Egermeier Memorial Tree 400.00 Hayes Family Memorial Bench 700.00 Loree Bren Memorial Bench 700.00 Joseph Guttman Memorial Bench 400.00 David Biggar Memorial Engraving 300.00 Roberts Family Outdoor Center 10.00 Gayl Smith Senior Center 300.00 Custom Care Senior Center 250.00 Brian Reilly Senior Center 250.00 St Croix Hospice Senior Center 175.00 Anonymous Senior Center 120.00 Jo Ann Wilson Senior Center 100.00 Donn McIntosh Senior Center 100.00 Arlene Cohen Senior Center 100.00 Train Right Fitness Senior Center 100.00 Cathy Bolme Senior Center 75.00 Eden Prairie Professionals in Aging Senior Center 70.00 Judy Heier Senior Center 60.00 Rick Qualy Senior Center 50.00 Lois Fredericks Senior Center 50.00 Phyllis Pollock Senior Center 50.00 Hear Today Senior Center 50.00 Cheryl Schmitz Senior Center 50.00 Ursu Dickinson & Marvin Cofer Senior Center 50.00 Pat Richardson Senior Center 40.00 Donor Program/Event Amount Brian Larson Senior Center 40.00 Dea Chasteen Senior Center 20.00 Leslie Stovring Senior Center 20.00 Rick Rotherham Senior Center 5.00 David M Anderson Senior Center 0.62 Anonymous Theatre 25.00 Anonymous Veterans Memorial 55.38 Eden Prairie Community Foundation Word In Action 500.00 In-Kind Donor Program/Event Homes for Heroes Gift Baskets for fire stations Old National Bank Harvest to Halloween Prairie School of Dance Harvest to Halloween City Hill Church Harvest to Halloween Dynamic Family Chiro Harvest to Halloween Eden Prairie Baseball Association Harvest to Halloween Legacy Gymnastics Harvest to Halloween Be SMART Harvest to Halloween Eden Prairie Schools Harvest to Halloween Elite Chiropractic Harvest to Halloween Staring Lake Outdoor Center Harvest to Halloween Health Source Harvest to Halloween Burn Boot Camp Harvest to Halloween Soccer Shots Harvest to Halloween The Gardner School of Minnetonka Harvest to Halloween Project52 Dance Company Harvest to Halloween New Horizon Academy Harvest to Halloween Chick-fil-A Harvest to Halloween Amazing Athletes Harvest to Halloween OneLife Corrective Chiro Harvest to Halloween Flying Dutchman Harvest to Halloween Scheels Harvest to Halloween Jimmy Johns Night to Unite Lions Tap Night to Unite Lifestyle Magazine November 2024 framed magazine cover Cloud 9 Carwash Senior Center Programs Griswold Care Senior Center Programs Lifetime Fitness Towels for fire stations ADOPTED by the City Council of the City of Eden Prairie this 2nd day of December, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.C. Department: Community Development / Planning Julie Klima / Jeremy Barnhart ITEM DESCRIPTION Extend Conditional Approval of Development Agreement for Marshall Gardens REQUESTED ACTION Move to: • Adopt a Resolution Amending Resolution 2025-076 relating to the Conditional Approval of the Development Agreement for Marshall Gardens SUMMARY On September 2, 2025, the City Council conditionally approved the Amended and Restated Development Agreement (“Development Agreement”) for Marshall Gardens by Resolution No. 2025-076. The Development Agreement was conditioned on the Developer acquiring fee simple title to the Project property by December 5th, 2025. The developer’s acquisition of the property has been delayed and there is a request to extend the deadline. The request is to adopt a resolution amending Resolution No. 2025-076 to extend the deadline for Developer to acquire title to the property to February 11, 2026. The extension of the deadline allows for any unforeseen further delays. ATTACHMENTS Resolution Amending Resolution 2025-076 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ A RESOLUTION AMENDING RESOLUTION NO. 2025-076 RELATING TO THE CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR MARSHALL GARDENS WHEREAS, on September 2, 2025, the Council adopted Resolution No. 2025-076 granting conditional approval of the Amended and Restated Development Agreement (“Development Agreement”) for Marshall Gardens (the “Project”) WHEREAS, as provided by Resolution 2025-076 the Council’s approval of the Development Agreement was conditioned on the Developer acquiring fee simple title to the Project property by December 5th, 2025 WHEREAS, the Developer’s acquisition of the property has been delayed and there is a request for an extension of this December 5th, 2025 deadline; and WHEREAS, the Council finds that there are not any changed conditions in community goals and policies related to approval of the Project and that the extension of the deadline provided in Resolution No. 2025-076 is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that Resolution No. 2025-076 is hereby amended to delete all references to “December 5th, 2025” and replace them with “February 11, 2026.” ADOPTED by the City Council of the City of Eden Prairie this 2nd day of December, 2025. _____________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.D. Department: Police Department, Chief Matt Sackett ITEM DESCRIPTION Resolution approving Master Joint Powers Agreements and Subscriber Amendments with the State of Minnesota relating to Court Data Services REQUESTED ACTION Adopt Resolution approving Joint Powers Agreements and Court Data Services Subscriber Amendment to the CJDN Subscriber Agreements with the City on behalf of the Police Department and its Prosecuting Attorney. SUMMARY The State of Minnesota through the Bureau of Criminal Apprehension (BCA) requires the City to enter into a Joint Powers Agreement (JPA) and a Court Data Services Subscriber Amendment (Subscriber Amendment) to the Criminal Justice Data Communication Network (CJDN) Subscriber Agreement on behalf of the Police Department and on behalf of the Prosecuting Attorney. These documents must be re-approved every five years. Under Minn. Stat. § 471.59, the BCA and the City are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The City is authorized by law to use the criminal justice data communications network pursuant to the terms set out in the agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. The City and its Prosecuting Attorney want to access these data in support of their official duties. The purpose of the JPA is to create a method by which the City and Prosecuting Attorney have access to those systems and tools for which they have eligibility, and to memorialize the requirements to obtain access and the limitations on the access. The City desires to use one or more BCA systems and tools to access tools and/or submit Court Records to assist the City and the prosecuting attorney in the efficient performance of their duties as required or authorized by law or court rule. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the City on behalf of the Police Department and Prosecuting Attorney if the City completes the Subscriber Amendment. The City desires to permit such access and/or submission. The Subscriber Agreement is intended to facilitate this access to assist the City and its Prosecuting Attorney in the efficient performance of their duties as required or authorized by law or court rule. ATTACHMENTS Resolution State of Minnesota Joint Powers Agreement – Police Department State of Minnesota Joint Powers Agreement – Prosecuting Attorney Court Data Services Subscriber Amendment to CJDN Subscriber Agreement – Police Department Court Data Services Subscriber Amendment to CJDN Subscriber Agreement – Prosecuting Attorney CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS AND THE COURT DATA SERVICES SUBSCRIBER AMENDMENTS TO CJDN SUBSCRIBER AGREEMENTS WITH THE CITY OF EDEN PRAIRIE ON BEHALF OF ITS POLICE DEPARTMENT AND ON BEHALF OF ITS PROSECTUING ATTORNEY WHEREAS, the City of Eden Prairie on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. WHEREAS, the City of Eden Prairie on behalf of its Police Department and Prosecuting Attorney desires to enter into two Court Data Services Subscriber Amendments (“Subscriber Amendments” which modify and supplement the CJDN Subscriber Agreements between the BCA and Agency, for City use of BCA systems and tools. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA AS FOLLOWS: 1. That the State of Minnesota Joint Powers Agreement and Subscriber Amendment by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf of its Police Department are hereby approved. 2. That the State of Minnesota Joint Powers Agreement and Subscriber Amendment by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Eden Prairie on behalf of its Prosecuting Authority are hereby approved. 3. That the Chief of Police, Matthew Sackett, or his successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Deputy Chief Chris Wood is appointed as the Authorized Representative’s designee. 4. That the Attorney David Schinas, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State. To assist the Authorized Representative with the administration of the agreement, Attorney Margaret Neuville is appointed as the Authorized Representative’s designee. 5. That Ronald A. Case, the Mayor for the City of Eden Prairie, and Rick Getschow, the City Manager, are authorized to sign the State of Minnesota Joint Powers Agreements and Court Data Services Subscriber Amendments to CJDN Subscriber Agreements. ADOPTED by the Council of the City of Eden Prairie on this 2nd day of December, 2025. _____________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk SWIFT Contract # 279262 MN0272600 1 DPS/BCA CJDN JPA_March 2021 State of Minnesota Joint Powers Agreement This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Eden Prairie of behalf of its Police Department ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a SWIFT Contract # 279262 MN0272600 2 DPS/BCA CJDN JPA_March 2021 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a SWIFT Contract # 279262 MN0272600 3 DPS/BCA CJDN JPA_March 2021 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. The bills are sent annually for a total annual cost of Six Thousand Eight Hundred Forty Dollars ($6,840.00). The Governmental Unit will identify its contact person for billing purposes, and will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Diane Bartell, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue Saint Paul, MN 55106 SWIFT Contract # 279262 MN0272600 4 DPS/BCA CJDN JPA_March 2021 Telephone: 651.793.2590 Email Address: Diane.Bartell@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: Matthew Sackett, Chief Address: 8080 Mitchell Rd Eden Prairie, MN 55344 Telephone: 952.949.6200 Email Address: msackett@edenprairie.org 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. SWIFT Contract # 279262 MN0272600 5 DPS/BCA CJDN JPA_March 2021 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and SWIFT Contract # 279262 MN0272600 6 DPS/BCA CJDN JPA_March 2021 the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK SWIFT Contract # 279262 MN0272600 7 DPS/BCA CJDN JPA_March 2021 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: Ronald A. Case Signed: ____________________________________________ Title: Mayor Date: ______________________________________________ Name: Rick Getschow Signed: ____________________________________________ Title: City Manager Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: ______________________________________________ Date: _____________________________________________ SWIFT Contract # 279267 MN027201A 1 DPS/BCA CJDN JPA_March 2021 State of Minnesota Joint Powers Agreement This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Eden Prairie on behalf of its Prosecuting Attorney ("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.” Recitals Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications network to benefit political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a). The Governmental Unit is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this Agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized political subdivisions in performing their duties. The Governmental Unit wants to access data in support of its official duties. The purpose of this Agreement is to create a method by which the Governmental Unit has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective. 2 Agreement Between the Parties 2.1 General Access. BCA agrees to provide Governmental Unit with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Governmental Unit is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of Access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Governmental Unit use the Governmental Unit’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect Access occurs when individual users at the Governmental Unit go to another Governmental Unit to obtain data and information from BCA’s systems and tools. This method of access generally results in the Governmental Unit with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-Computer System Interface occurs when the Governmental Unit’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Governmental Unit employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a SWIFT Contract # 279267 MN027201A 2 DPS/BCA CJDN JPA_March 2021 method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. 2.4 Governmental Unit Policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us/launchpad/. 2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. 2.6 Access Granted. A. Governmental Unit is granted permission to use all current and future BCA systems and tools for which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is eligible. 2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA and the Governmental Unit regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving the Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Governmental Unit conducted a SWIFT Contract # 279267 MN027201A 3 DPS/BCA CJDN JPA_March 2021 particular transaction. If Governmental Unit uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Governmental Unit’s method of access is a computer-to-computer interface as described in Clause 2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction record of all subsequent access to the data that are kept by the Governmental Unit. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court Information Access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Governmental Unit if the Governmental Unit completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by the Governmental Unit under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Governmental Unit’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor Personnel Screening. The BCA will conduct all vendor personnel screening on behalf of Governmental Unit as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Governmental Unit. 3 Payment The Governmental Unit currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established. The Governmental Unit will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA’s Authorized Representative is the person below, or her successor: Name: Diane Bartell, Deputy Superintendent Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue SWIFT Contract # 279267 MN027201A 4 DPS/BCA CJDN JPA_March 2021 Saint Paul, MN 55106 Telephone: 651.793.2590 Email Address: Diane.Bartell@state.mn.us The Governmental Unit’s Authorized Representative is the person below, or his/her successor: Name: David Schinas, Attorney Address: 100 Washington Ave S, Ste 1550 Minneapolis, MN 55401 Telephone: 612.338.0755 Email Address: dschinas@grjn.com 5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws, governs the Governmental Unit’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Governmental Unit’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make any requested data available for review and audit. 7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any requested data available for review and audit. SWIFT Contract # 279267 MN027201A 5 DPS/BCA CJDN JPA_March 2021 7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. 8.2 Court Records. If Governmental Unit chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Governmental Unit comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of Governmental Unit. 9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental Unit and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Governmental Unit internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Governmental Unit must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Governmental Unit and BCA’s determination controls. 9.2.2 If BCA determines that Governmental Unit has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. SWIFT Contract # 279267 MN027201A 6 DPS/BCA CJDN JPA_March 2021 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Governmental Unit. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Governmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is only at the direction of the Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK SWIFT Contract # 279267 MN027201A 7 DPS/BCA CJDN JPA_March 2021 The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT Name: Ronald A. Case Signed: ____________________________________________ Title: Mayor Date: ______________________________________________ Name: Rick Getschow Signed: ____________________________________________ Title: City Manager Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement By: ______________________________________________ Date: _____________________________________________ 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Eden Prairie on behalf of its Police Department (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 279262, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 4 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 6 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 7 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 8 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 9 hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 10 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Ronald A. Case Signed:____________________________________________ Title: Mayor Date: _____________________________________________ Name: Rick Getschow Signed: ____________________________________________ Title: City Manager Date:______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Eden Prairie on behalf of its Prosecuting Attorney (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 279267, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties 4 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non-official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 6 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 7 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 8 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 9 hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 10 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: Ronald A. Case Signed:____________________________________________ Title: Mayor Date: _____________________________________________ Name: Rick Getschow Signed: ____________________________________________ Title: City Manager Date:______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.E. Department: Administration ITEM DESCRIPTION Resolution and Contract with the International Association of Firefighters, Local #1275 for Assistant Fire Chiefs. REQUESTED ACTION Move to: Adopt Resolution and authorize entry into labor agreement with International Association of Firefighters (IAFF). SUMMARY Negotiations occurred between the City and IAFF in the summer and fall of 2025. Through negotiations and mediation, a tentative agreement was reached and supported by staff in November 2025. ATTACHMENTS Resolution City of Eden Prairie and IAFF Local #1275 Contract CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ A RESOLUTION APPROVING AND IMPLEMENTING THE 2025-2026 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (LOCAL #1275) WHEREAS, this is the first Labor Agreement between the City and the International Association of Firefighters (Local #1275) (“IAFF”) governing Assistant Fire Chiefs; and WHEREAS, the City and IAFF participated in contract negotiations on a Labor Agreement governing the period from January 1, 2025 through December 31, 2026 and reached a tentative agreement in November 2025 which is attached hereto as Exhibit A; and WHEREAS, the tentative agreement is subject to the approval of and implementation by the City Council in accordance with Minn. Stat. § 179A.20, subd. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that: (i) the 2025-2026 Labor Agreement between the City of Eden Prairie and the International Association of Firefighters (Local #1275) attached as Exhibit A is hereby approved and may be executed by the Mayor and City Manager; and (ii) City staff are hereby authorized to implement the agreement. ADOPTED by the Eden Prairie City Council this 2nd day of December, 2025. __________________________ Ronald A. Case, Mayor ATTEST: __________________________ David Teigland, City Clerk 2 EXHIBIT A 2025–2026 Labor Agreement between City of Eden Prairie and International Association of Firefighters (Local #1275) MASTER AGREEMENT BETWEEN City of Eden Prairie AND Eden Prairie Assistant Chiefs an affiliate of IAFF LOCAL 1275 January 1, 2025 - December 31, 2026 1 Article 1: Purpose of AGREEMENT .................................................................................. 2 Article 2: Recognition ........................................................................................................ 2 Article 3: Definitions .......................................................................................................... 2 Article 4: Discrimination .................................................................................................... 3 Article 5: EMPLOYER Security ......................................................................................... 3 Article 6: EMPLOYER Authority ........................................................................................ 3 Article 7: UNION Security ................................................................................................. 4 Article 8: Meetings ............................................................................................................ 4 Article 9: Work Schedule .................................................................................................. 4 Article 10: Seniority ......................................................................................................... 5 Article 11: Personnel Reduction ...................................................................................... 5 Article 12: Shift Bidding ................................................................................................... 5 Article 13: Discipline ....................................................................................................... 5 Article 14: Grievance Procedure ..................................................................................... 6 Article 15: EMPLOYER to Defend and Indemnify EMPLOYEES ..................................... 8 Article 16: Wages ........................................................................................................... 9 Article 17: Insurance ....................................................................................................... 9 Article 18: Paid Time Off and Holidays ........................................................................... 9 Article 19: Training Time ............................................................................................... 10 Article 29: Savings Clause ............................................................................................ 10 Article 30: Complete AGREEMENT .............................................................................. 10 Article 31: Duration and Effective Date of this AGREEMENT........................................ 11 Appendix A: Wage Schedule ........................................................................................... 12 Memorandum of Agreement: Flex Days 24-Hour Chiefs .................................................................. 13 2 Article 1: Purpose of AGREEMENT This AGREEMENT is entered into as of December 2, 2025 between the CITY OF EDEN PRAIRIE, hereinafter called the EMPLOYER, and the Eden Prairie Assistant Chiefs IAFF Local 1275 hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto. 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application. 1.3 Specify the full and complete understanding of the parties. The EMPLOYER and the UNION through this AGREEMENT shall continue their dedication to the highest quality fire service and protection to the residents of Eden Prairie. Both parties recognize the AGREEMENT as a pledge of this dedication. Article 2: Recognition The EMPLOYER recognizes the UNION as the exclusive representative for all EMPLOYEES in a unit certified by the State of Minnesota Bureau of Mediation Services in Case No. 25PCE0379 as: All essential Assistant Chiefs employed by the City of Eden Prairie, Minnesota, who are supervisory employees within the meaning of Minn. Stat. 179A.03, subd. 17, and public employees within the meaning of Minn. Stat.179A.03, subd. 14, excluding confidential employees within the meaning of Minn. Stat.179A.03, subd. 4, and all other employees. In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Minnesota Bureau of Mediation Services for determination. Article 3: Definitions CITY: The City of Eden Prairie. Department: The Eden Prairie Fire Department. EMPLOYEE: An employee whose job classification falls within the exclusively recognized bargaining unit. EMPLOYER: The City of Eden Prairie. PROBATIONARY PERIOD: EMPLOYEES shall serve a probationary period of six (6) consecutive months of active work from date of hire into a position covered by this AGREEMENT. UNION: Eden Prairie Assistant Chiefs IAFF L1275. UNION MEMBER: A member of the International Association of Firefighters. 3 Article 4: Discrimination Neither the EMPLOYER nor the UNION shall discriminate against any EMPLOYEE covered by the AGREEMENT because of their membership or non-membership in the UNION. Article 5: EMPLOYER Security The UNION and EMPLOYEES of the Eden Prairie Fire Department agree that during the life of this AGREEMENT, they will not cause, encourage, participate in or support any strike within the Fire Department. Violations of this Article shall be grounds for disciplinary action up to and including discharge without recourse to the grievance procedure of this contract. Article 6: EMPLOYER Authority 6.1. The UNION recognizes the right and authority of the EMPLOYER to operate and manage its affairs in all respects in accordance with its management rights, existing and future laws, and regulations of the appropriate authorities. The rights or authority which the EMPLOYER has not officially abridged, delegated, or modified by this Agreement are retained by the EMPLOYER. 6.2 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 6.3 The EMPLOYER'S failure to exercise any right, prerogative, or function hereby reserved to it, or the EMPLOYER'S exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the EMPLOYER'S right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement. 6.4 The parties recognize that all EMPLOYEES covered by this Agreement shall perform the services and duties prescribed by the EMPLOYER and shall be governed by EMPLOYER rules, policies, regulations, directives, and orders, provided that such rules, regulations, and orders are not inconsistent with the provisions of this Agreement or state or federal laws. The EMPLOYER will provide EMPLOYEES with notice of any proposed change in any policy applicable to the bargaining unit members. 4 Article 7: UNION Security In recognition of the Union as the exclusive representative the EMPLOYER shall: 7.1 The UNION will obtain written authorization from the EMPLOYEE for the deduction from wages of union dues established by the UNION. The UNION will forward the written authorization from EMPLOYEE to EMPLOYER. 7.2 The EMPLOYER will deduct the amount authorized by the EMPLOYEE and remit the amount to the appropriate designated office for the UNION commencing no later than the first pay period of the next month with proper employee authorization. 7.3 When an EMPLOYEE is in non-pay status for the entire pay period in which a deduction would be taken, no withholding will be made to convert that pay period from future earnings. In the case of an EMPLOYEE who is in non-pay status during only part of the pay period in which a deduction would be taken, and the wages are not sufficient to cover the full withholding, no deductions shall be made. 7.4 The EMPLOYER will provide reasonable space on one EMPLOYEE bulletin board for union postings. Union stewards will be responsible for maintaining the designated space. All postings shall comply with City policies, including the policy on political neutrality. Postings shall first be approved by the Fire Chief. 7.5 Up to one (1) member of the UNION’s collective bargaining AGREEMENT shall be allowed to negotiate collective bargaining AGREEMENTs with the EMPLOYER while on-duty when scheduled negotiation sessions fall on days said member is on-duty. The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. Article 8: Meetings The EMPLOYER and the UNION agree to meet and confer on matters of interest to both parties upon the request of either party, as part of a Labor Management Committee (LMC) or other meeting. Other meetings outside of the LMC shall be held as soon as practicable after receipt of the request but no more than quarterly. Up to one (1) member of the UNION’s collective bargaining AGREEMENT shall be allowed to attend LMC or other meetings while on-duty. Article 9: Work Schedule 9.1 The sole authority in work schedules, hours of employment, and changes thereto is the EMPLOYER. 9.2 Nothing contained in this, or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign EMPLOYEES. 5 Article 10: Seniority DEFINITION OF SENIORITY: 10.1 “Total seniority” shall be defined as the length of continuous and uninterrupted full-time employment by the EMPLOYER from the most recent date of hire. 10.2 “Classification seniority” shall be defined as the length of cumulative service in a specific job classification within the EMPLOYER where “total seniority” remains unbroken. Classification seniority is used to determine the order of layoff when there is a specific reduction in a classification. When two or more EMPLOYEES have the same seniority date, the tie breaker will be based on Paid-on-Call/Duty Crew Firefighter hire date, then a coin flip. 10.3 EMPLOYEES hired after August 1, 2025 shall serve a probationary period of six (6) consecutive months of active work from date of hire into a position covered by this AGREEMENT. Article 11: Personnel Reduction Personnel Reduction. In the case of a personnel reduction, the EMPLOYEE with the least classification seniority shall be laid off first. No new EMPLOYEE shall be hired until the laid off EMPLOYEE has been provided with the opportunity to return to work. Recall rights under this Article shall continue for twenty-four (24) months after lay off. Recalled EMPLOYEES shall have ten (10) working days after notification of recall by registered mail at the EMPLOYEE's last known address to report to work or forfeit all recall rights. This provision applies only to the Job classification from which the EMPLOYEE was laid off. Article 12: Shift Bidding EMPLOYEES will have the opportunity to bid the shift and station assignment. Bidding will be based on seniority. Article 13: Discipline 13.1 The EMPLOYER will discipline EMPLOYEES only for just cause. Discipline does not have to be progressive. Discipline will be in one of the following forms: Verbal Warning; Written Warning; Final Warning; Suspension or demotion; Discharge All other employer actions will not be considered discipline. 13.2 EMPLOYEES will receive a copy of such discipline and/or notice. 6 13.3 An EMPLOYEE will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the EMPLOYEE unless the EMPLOYEE upon his/her request is given the opportunity to have a third party or UNION representation present at the interview to act as a witness for the EMPLOYEE. 13.4 Grievances relating to discipline shall be initiated by the UNION at Step 2 of the grievance article. 13.5 During the probationary period, an EMPLOYEE may be disciplined or discharged at the sole discretion of the EMPLOYER. Article 14: Grievance Procedure 14.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 14.2 UNION REPRESENTATIVES The EMPLOYER shall recognize a UNION Grievance Representative of not more than one (1) EMPLOYEE selected by the UNION of the bargaining unit. The UNION shall notify EMPLOYER in writing of the name of such grievance representative and of their successor and alternate. The grievance representative shall process grievances at times other than their normal duty hours unless specifically permitted to do so by the Department Head. 14.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. The designated supervisor will be notified when the steward or grievant EMPLOYEE(S) returns to the workstation and resumes duties. 14.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: 7 Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within fourteen (14) calendar days after such alleged violation has occurred, present such grievance in writing to the Fire Chief. The Fire Chief will respond in writing to such Step 1 grievance within fourteen (14) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall set forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Fire Chief’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION to the HR Director. The HR Director shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the HR Director’s final answer in Step 2. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. A grievance unresolved in Step 2 and appealed in Step 3 may by mutual agreement by the EMPLOYER and UNION be submitted to mediation through the Minnesota Bureau of Mediation Services. Agreement to submit the grievance to mediation must be made within ten (10) calendar days of the Step 2 response. If the parties do not agree to submit the grievance to mediation within such 10-day period, the UNION may appeal the grievance to Step 4 within five (5) calendar days of the date the parties could not reach agreement. If the parties agree to submit the grievance to mediation and the grievance is not resolved by mediation, the UNION may appeal the grievance to Step 4 within ten (10) calendar days of the date that mediation ended. Any grievance not appealed in writing to Step 4 as provided by this paragraph shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act or MN Statutes Section 626.892 if the grieved matter is written disciplinary action, discharge, or termination. 14.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue(s) not so submitted. 8 B. The arbitrator shall be without power to make a decision contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 14.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. The UNION may not skip any step without the written consent of the EMPLOYER. 14.7 CHOICE OF REMEDY If the grievance is not submitted to or not resolved by mediation in Step 3, and if the grievance involves the suspension, demotion, or discharge of an EMPLOYEE who has completed the required probationary period, the grievance may be appealed either to Step 4 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of ARTICLE VI, the grievance is not subject to the arbitration procedure as provided in Step 4 of ARTICLE VI. The aggrieved EMPLOYEE shall indicate in writing which procedure is to be utilized - Step 4 of ARTICLE VI or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved EMPLOYEE from making a subsequent appeal through Step 4 of ARTICLE VI. Article 15: EMPLOYER to Defend and Indemnify EMPLOYEES The EMPLOYER and the UNION recognize the EMPLOYER'S responsibility to defend and indemnify EMPLOYEES as required by Chapter 466 and by Section 471.86 of Minnesota Statutes. 9 Article 16: Wages 16.1 Annual market adjustments are contingent upon the EMPLOYEE’S positive performance evaluation. Nothing in this section shall preclude the EMPLOYER from negotiating a higher entry-level wage if the EMPLOYER determines that relevant experience and/or education permits such higher rate. 16.2 Existing employees will be placed on the following ranges as shown in in Appendix A. The ranges will increase by three percent in 2026 and employees will receive a corresponding increase. Movement through the range will be on the same basis as the City general wage plan applicable to non-union employees subject to movement as outlined in Section 16.1. Article 17: Insurance All eligible EMPLOYEES may participate in the EMPLOYER’S insurance program. An eligible employee is defined as an Individual who would be covered under the medical insurance coverage provisions of both the City’s personnel policies and Insurance plan documents between the City and the Insurer. For the term of this agreement, the EMPLOYER will contribute toward the premium for medical, life, Long-Term Disability Insurance on the same basis and subject to the same conditions and restrictions as the basic program for non-union EMPLOYEES as it may be amended from time to time. Article 18: Paid Time Off and Holidays 18.1 Employees will participate in the City’s leave policies on the same basis as the general non- union employee group. 18.2 The parties agree that the weather event provision in the statutory ESST law outlined in Minnesota Statute Section 181.9447, subdivision 1, clause (4) is waived as to its application for all positions in the bargaining unit. 18.3 Assistant Chiefs working a 24-hour schedule will get 8 hours of holiday time paid at straight time for every city-observed holiday. 18.4 Daytime (M-F) Chiefs shall receive one (1) eight (8) hour flex day per month, to be used on a day of their choice, subject to approval by the Fire Chief (or designee) to ensure operational needs are met. 10 Article 19: Training Time The Eden Prairie Fire Department takes extensive consideration and attention to educate and train their members so they can perform their duties to their best capability. The CITY of Eden Prairie strives to exceed requirements from State or Federal regulators. When possible, the CITY of Eden Prairie encourages all its EMPLOYEES to further their education. Due to budget limitations, EMPLOYEE fairness, and personnel restraints, the Eden Prairie Fire Department will find at times the necessity to limit the amount of training that will be provided to each EMPLOYEE. In general, costs for training, travel, and lodging will be paid for by the EMPLOYER. Employees will be paid their normal salary for training. This includes training at the National Fire Academy or other approved multi-day training courses. Article 20: Savings Clause This AGREEMENT is subject to the Laws of the United States, the State of Minnesota, and the ordinances of the City of Eden Prairie. In the event any provision of this AGREEMENT shall be held unlawful or unenforceable by any court or administrative agency of the State of Minnesota or United States of competent jurisdiction, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. Article 21: Complete AGREEMENT The EMPLOYER and the UNION acknowledge that during the meetings and negotiations which resulted in this AGREEMENT, each had the right and opportunity to make demands and proposals concerning the terms and conditions of employment. The AGREEMENTs and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. Any and all prior CITY resolutions, the Personnel Policy Guide, or written Department rules and regulations regarding the terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. All amendments and appendixes to this AGREEMENT shall be identified, dated, and signed by representatives of the UNION and the EMPLOYER and shall be part of this AGREEMENT. 11 Article 22: Duration and Effective Date of this AGREEMENT Upon its approval and implementation by the City Council of the City of Eden Prairie, this AGREEMENT and all appendices shall be effective as of January 1, 2025 and shall remain in full force and effect until December 31, 2026. FOR THE CITY OF EDEN PRAIRIE: FOR INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1275: __________________________ ________________________ Ron Case, Mayor Travis Jacobs, Local 1275 President ___________________________ Rick Getschow, City Manager ____________________________ Alecia Rose, Human Resources and Administrative Services Director 12 Appendix A Wage Schedule Assistant Fire Chief - Emergency Services/Operations 2025 Range: $118,019-$153,462 Wage Increase: 3% COLA plus 2% market 2026 Range: $121,560-$158,066 Wage Increase: 3% COLA plus 2% market Assistant Fire Chief – Technical/24 Hour 2025 Range: $115,045-$149,573 Wage Increase: 3% COLA plus 2% market 2026 Range: $118,496-$154,060 Wage Increase: 3% COLA plus 2% market All Other Assistant Fire Chiefs 2025 Range: $115,045-$149,573 Wage Increase: 3% COLA plus 3% market 2026 Range: $118,496-$154,060 Wage Increase: 3% COLA plus 3% market 13 Memorandum of Agreement between the City of Eden Prairie and The International Association of Fire Fighters, Local #1275 (Assistant Fire Chiefs) Flex Shift for 24 hour Assistant Chiefs WHEREAS, the City of Eden Prairie (hereinafter the City) and the International Association of Fire Fighters (hereinafter the Union) are parties to a first collective bargaining agreement covering the City’s Assistant Fire Chief’s group; and WHEREAS, the Assistant Chiefs are a relatively new title in the City and the City has not fully developed the organizational structure or duties and responsibilities of bargaining unit members in providing services to its citizens; and WHEREAS, the City is exploring potential amendment of the scheduled hours of work for the 24- Hour Shift Chiefs and is reviewing work demands outside of scheduled hours during the current shift model; NOW THEREFORE, the City and the Union agree as follows for the duration outlined below: 1. Flex Shift. Effective upon the first quarter following ratification of this agreement by the City, 24-Hour Shift Chiefs will pick up one rather than the current two additional shifts of twenty-four hours per quarter beyond their scheduled shift. 2. In further consideration of the change to working hours, the City agrees to compensate the existing members of the bargaining unit on the date that the agreement was ratified by the City, a lump sum of five hundred dollars ($500) subject to applicable withholding to be paid on the January 30, 2026 check date. 3. This Memorandum of Agreement will expire by its express terms on the earlier of: 1) the effective date of a schedule that is less than the current 2,496 hour schedule for the 24- Hour Shift Chiefs; or 2) December 31, 2026. 4. This Memorandum of Agreement will not establish any precedent and may not operate as a waiver of City or Union rights. The parties agree that this Agreement is limited to the unique facts of this case and will not operate as interpreting existing language in the collective bargaining agreement or as reflective of existing or past practice. CITY OF EDEN PRAIRIE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 1275 ________________________ ______________________________ Rick Getschow, City Manager Travis Jacobs, Local 1275 President 14 ________________________ Alecia Rose, Human Resources and Admin Services Director Date: ______________________, 2025 Date: ______________________, 2025 City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.F. Department: Administration ITEM DESCRIPTION Resolution and Contract with the International Union of Operating Engineers (IUOE) Local 49 for maintenance employees. REQUESTED ACTION Move to: Adopt Resolution and authorize entry into labor agreement with the International Union of Operating Engineers (IUOE) Local 49. SUMMARY Negotiations occurred between the City and IUOE in the summer and fall of 2025. Through negotiations and mediation, a tentative agreement was reached and supported by staff in November 2025. ATTACHMENTS Resolution City of Eden Prairie and IUOE Local #49 Contract CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION APPROVING AND IMPLEMENTING THE 2026-2028 LABOR AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49 WHEREAS, the current Labor Agreement between the City and the International Union of Operating Engineers (Local 49) (“IUOE”) governing maintenance employees expires on December 31, 2025; and WHEREAS, the City and IUOE participated in contract negotiations on a Labor Agreement governing the period from January 1, 2026 through December 31, 2028 and reached a tentative agreement in November 2025 which is attached hereto as Exhibit A; and WHEREAS, the tentative agreement is subject to the approval of and implementation by the City Council in accordance with Minn. Stat. § 179A.20, subd. 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that: (i) the 2026–2028 Labor Agreement between the City of Eden Prairie and International Union of Operating Engineers (Local 49) attached as Exhibit A is hereby approved and may be executed by the Mayor and City Manager; and (ii) City staff are hereby authorized to implement the agreement. ADOPTED by the Eden Prairie City Council this 2nd day of December, 2025. __________________________ Ronald A. Case, Mayor ATTEST: __________________________ David Teigland, City Clerk EXHIBIT A 2026–2028 Labor Agreement between City of Eden Prairie and International Union of Operating Engineers (Local 49) , LABOR AGREEMENT Between THE CITY OF EDEN PRAIRIE And INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL No. 49 January 1, 2026 – December 31, 2028 INDEX Article Page Article 1 Purpose of Agreement ………………………………………………………. 1 Article 2 Recognition ……………………………………………………………………….. 1 Article 3 Union Security ……………………………………………………………….….. 1 Article 4 Employer Security ……………………………………………………………… 2 Article 5 Employer Authority ……………………………………………………….….. 2 Article 6 Employee Rights – Grievance Procedure……………………………. 2 Article 7 Definitions ……………………………………………………………..…………. 4 Article 8 Savings Clause …………………………………………………………………… 5 Article 9 Work Schedules …………………………………………….………………….. 5 Article 10 Overtime Pay …………………………………………………..………………...5 Article 11 Call Back Pay ………………………………………………………………….…..6 Article 12 Seasonal-Emergency Disruption Pay………………………………….. 6 Article 13 Legal Defense ……………………………………………………………………. 6 Article 14 Right of Subcontract ………………………………………..……………….. 6 Article 15 Discipline …………………………………………………………………….……. 7 Article 16 Seniority …………………………………………………………….…………….. 7 Article 17 Probationary Periods …………………………………………………..……. 7 Article 18 Safety ……………………………………………………………………………….. 7 Article 19 Job Posting ……………………………………………………….………………. 7 Article 20 Insurance ………………………………………………………….………………. 8 Article 21 Uniforms………………………………………………………….……………….. 8 Article 22 Injury on Duty …………………………………………………….……………. 8 Article 23 Annual Paid Leave and Holidays………………………….……………. 8 Article 24 Snow Days ……………………………………………………………………….10 Article 25 Waiver …………………………………………………………………………….10 Article 26 Duration ……………………………………………………………..…………..11 Signatures ………………………………………………………………………………….…………..11 APPENDIX A Seasonal Emergency Disruption Pay……………………………………12 APPENDIX B Utility on Call Emergency Pay………………………………………………13 APPENDIX C Snow Plow on Call Pay…………………………………………………..…….14 APPENDIX D Wage Schedule…………………………………………………………….…….15 APPENDIX E Seasonal Temporary Employees………………………………………….17 LETTER OF UNDERSTANDING-Scheduling and Overtime…………………………..18 LETTER OF UNDERSTANDING- Union Security……………………………………………19 LETTER OF UNDERSTANDING-Water Plant Twelve Hour Shift……………………20 LETTER OF UNDERSTANDING – Cell Phone Reimbursement………………………22 1 ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Eden Prairie hereinafter called the EMPLOYER, and Local No. 49, International Union of Operating Engineers, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT’S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. §179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Maintenance Worker Fleet Maintenance Service Worker Lead Personnel ARTICLE 3. UNION SECURITY In recognition of the Union as the exclusive representative the EMPLOYER shall: 3.1 The Employer agrees to deduct regular monthly Union dues in an amount designated by the Union from the pay of bargaining unit employees who authorize such a deduction in writing, and the Employer shall remit such dues directly to the Union as provided in this Article. In addition to the regular monthly Union dues, the Employer agrees to deduct a working dues assessment in the amount of one-half of one percent (1/2%) of the employee’s regular hourly wage base rate of pay for all hours worked compensated up to 40 hours per week; effective January 1st, 2028. The Employer agrees to rely on a certification from the Union identifying employees who have authorized the Employer to deduct such Union dues from their wages. Such authorization will be effective until the Union notifies the Employer that an employee has changed or cancelled the employee’s authorization in writing in accordance with the terms of the original authorization. All dues money collected by the Employer through such deduction shall be remitted to the Union along with a reporting form which states the employee’s name, hours worked compensated, and amount of 2 working dues deducted, to the Union’s office located at 2829 Anthony Lane South, Minneapolis, MN 55418 no later than thirty (30) days following the month in which deductions were made. 3.2 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.3 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. 3.4 The City will provide reasonable space for union postings. Union stewards will be responsible for maintaining the designated space. All postings will comply with City policies, including the policy on political neutrality. ARTICLE 4. EMPLOYER SECURITY 4.1 The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable 3 amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE’S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER’S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER’S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER’S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If the parties cannot agree upon an arbitrator the selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Public Employment Relations Board. 6.5 ARBITRATOR’S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue(s) not so submitted. 4 B. The arbitrator shall be without power to make a decision contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator’s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER’S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of ARTICLE 6or a procedure such as: Civil Service, Veteran’s Preference, or Fair Employment. If appealed to any procedure other than Step 5 of ARTICLE 6 the grievance is not subject to the arbitration procedure as provided in Step 5 of ARTICLE 6. The aggrieved employee shall indicate in writing which procedure is to be utilized – Step 5 of ARTICLE 6 or another appeal procedure – and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of ARTICLE 6. ARTICLE 7. DEFINITIONS 7.1 UNION: The International Union of Operating Engineers, Local No. 49. 7.2 EMPLOYER: The City of Eden Prairie. 7.3 UNION MEMBER: A member of the International Union of Operating Engineers, Local No. 49. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee’s hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE 2– RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for the purposes of promotion, transfer and lay off and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 5 7.7 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.8 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 8. SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Eden Prairie. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 9. WORK SCHEDULES 9.1 The sole authority in work schedules is the EMPLOYER. The normal workday for an employee shall be eight (8) hours. The normal workweek shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal Division work schedule. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of workdays different from the employee’s normal eight (8) hour workday. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular workweeks that schedule work on Saturdays and/or Sundays. 9.5 The EMPLOYER and UNION agree to meet annually to discuss the potential changes for seasonal summer hours, including hours of work, overtime, duration, work schedules, schedules during holiday weeks, and PTO usage, for specific divisions each calendar year of this agreement. The EMPLOYER is not obligated to make any changes as a result of this meeting. ARTICLE 10. OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1½) times the employee’s regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 6 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.5 Compensatory time is accrued at a rate of 1.5 times the number of overtime hours worked. Employees may only use up to 40 hours of compensatory time consecutively in lieu of paid time off (PTO). Eight (8) hours of PTO must be used between 40-hour use of compensatory time. ARTICLE 11. CALL BACK PAY 11.1 An employee called in for work at a time other than the employee’s normal scheduled shift (Refer to Section 7.8)will be compensated for a minimum of two and a half (2.5) hours’ pay at one and one-half (1½) times the employee’s base pay rate. An employee on PTO the day of a callback should reduce their PTO from the amount of the actual callback time. 11.2 Employees who respond to an emergency via phone during off duty nighttime hours (between 10:00 pm & 6:00 am), and who are not already on-call, will be compensated for a minimum of 45 minutes (recorded as 0.75 in timecards) of overtime per response. Employees who respond to an emergency via phone during off duty daytime hours (between 6:01 am & 9:59 pm), and who are not already on-call, will be compensated for a minimum 30 minutes of overtime per response. If a call crosses these hours, the amount of overtime will be determined by the time of day the call is received. If resolution of the emergency goes beyond 30 minutes (daytime) or 45 minutes (nighttime), employees will be compensated for their actual time worked at the overtime rate ARTICLE 12. SEASONAL/ EMERGENCY DISRUPTION PAY 12.1 Employees required by the EMPLOYER to be available for and respond to emergency work requirements and/or seasonal work schedule changes will be eligible for seasonal/ emergency disruption pay. Assignment will be at the sole discretion of the EMPLOYER and payment of seasonal/ emergency disruption pay precludes payment of standby, pager or other forms of on-call compensation. See Appendix A. ARTICLE 13. LEGAL DEFENSE 13.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 13.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee’s employment, when such act is performed in good faith and under direct order of the employee’s supervisor, shall be reimbursed for reasonable attorney’s fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 14. RIGHT OF SUBCONTRACT 14.1 Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE 15. DISCIPLINE 7 15.1 The EMPLOYER will discipline employees only for just cause. 15.2 An employee(s) will not be required to participate in an investigatory interview by the EMPLOYER where the information gained from the interview could lead to the discipline of the employee(s) unless the employee(s) upon his/her request is given the opportunity to have a third party present at the interview to act as a witness for the employee(s). ARTICLE 16. SENIORITY 16.1 Seniority will be the determining criterion for transfers, promotions, and lay offs when all job-relevant qualification factors are equal. 16.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee’s last known address to report to work or forfeit all recall rights. ARTICLE 17. PROBATIONARY PERIODS 17.1 All newly hired or rehired employees must complete twelve (12) months of employment with satisfactory job performance AND achieve level “C” pay by demonstrating the necessary skills to move beyond the probationary period. 17.2 Every employee will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. 17.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 17.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee’s previous position at the sole discretion of the EMPLOYER. ARTICLE 18. SAFETY 18.1 The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. 18.2 Representatives of the bargaining unit will be appointed to serve on the City Safety Committee to represent their departments. Appointment to the City Safety Committee will be based on management approval at the department head level. 18.3 Park Department employees assigned to work alone on night shifts shall be issued City radios for safety and communication purposes. ARTICLE 19. JOB POSTING 19.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 19.11 have the necessary qualifications to meet the standards of the job vacancy; and 8 19.12 have the ability to perform the duties and responsibilities of the job vacancy. 19.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE 17[PROBATIONARY PERIODS]. 19.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 19.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 20. INSURANCE 20.1. The Employer will contribute an amount equal to that paid by the Employer to all employees (including all financial considerations as given to all employees) and life insurance options, including dependent coverage. 20.2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee’s expense to the extent allowed under the EMPLOYER’S group policy. 20.3 Dental coverage will follow guidelines set forth in the EMPLOYER’S Employee Benefit Program. 20.4 Employees will be covered under the EMPLOYER’S short and long term disability plans. ARTICLE 21. UNIFORMS 21.1 The EMPLOYER will provide a work uniform and protective clothing program for all employees. An employee uniform committee will be established and maintained to monitor and recommend program changes annually. ARTICLE 22. INJURY ON DUTY 22.1 The EMPLOYER through its Worker’s Compensation insurance plan will provide Worker’s Compensation benefits as allowed by law to all employees. In addition, the EMPLOYER will provide for a period of up to ninety (90) days, the difference between the employee’s normal gross wages and the worker’s compensation benefit. The first three (3) days of absence to be deducted from the employee’s PTO leave. ARTICLE 23. ANNUAL PAID LEAVE AND HOLIDAYS 23.1 Employees will participate in the EMPLOYER’S leave programs as outlined in the employment handbook, including short –term disability and long-term disability.. 9 23.2 The parties agree that the weather event provision in the statutory ESST law outlined in Minnesota Statute Section 181.9447, subdivision 1, clause (4) is waived as to its application for all positions in the bargaining unit. 23.3 Paid time off (PTO) will accrue on biweekly basis from the date of employment as follows: Years of Service Personal Leave Accrued Maximum Accrual Amount Years 1 through 5 5.54 hours each payroll period for a total of 144 hours per year. 288 hours Years 6 through 10 7.08 hours each payroll period for a total of 184 hours per year. 368 hours Year 11 7.38 hours each payroll period for a total of 192 hours per year. 384 hours Year 12 7.69 hours each payroll period for a total of 200 hours per year. 400 hours Year 13 8.00 hours each payroll period for a total of 208 hours per year. 416 hours Year 14 8.31 hours each payroll period for a total of 216 hours per year. 432 hours Year 15 and over 8.62 hours each payroll period for a total of 224 hours per year. 448 hours 23.4 Personal leave of three (3) days or more must be requested two (2) weeks in advance. 23.5 When an employee is required to work on an EMPLOYER observed holiday, the employee will be given the option of eight (8) hours of holiday pay plus time and one-half (1½) for hours worked or eight (8) hours deferred holiday time and time and one-half (1½) for hours worked. Holidays will be straight pay for Plant Operators assigned to a rotating schedule. 23.6 Starting in 2010, employees, excluding water plant operators assigned to a rotating schedule, will participate in the following eleven (11) EMPLOYER observed holidays: Holiday Date Observed New Year's Day January 1st Martin Luther King's Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth June 19th Independence Day July 4th Labor Day 1st Monday in September Veteran's Day November 11th Thanksgiving Day 4th Thursday in November 10 On Christmas Day, Christmas Eve, New Year’s Day, Independence Day, and Thanksgiving Day, all employees, including water treatment plant operators, shall receive double time the rate of pay for all hours worked when called in on a scheduled day off. All employees, including water treatment plant operators, assigned to a rotating schedule, will receive sixteen (16) hours of Floating Holiday time annually. The Floating Holiday has priority over the individual divisions PTO policy and can be used at the employee’s discretion. The employee will give the supervisor a minimum of three (3) days advance notice. Floating Holiday time must be used by the first full pay period in December in the year it is accrued or it will be forfeited. Floating Holiday time can only be used in eight (8) hour increments. 23.7 Employees hired prior to July 4, 2009 will be covered under the EMPLOYER'S Legacy Benefit Policy. This policy relates to the conversion of the EMPLOYER's previous sick and personal leave programs. Included in the Policy are the following benefits: Deferred Compensation Match The following benefit will be given to EMPLOYEES based on his or her sick leave balance at the time of conversion: • Less than 800 accrued unused sick hours at the time of conversion — the EMPLOYER will match each dollar contributed by the EMPLOYEE up to 1% of the employee's base pay. • 800-1039 accrued unused sick hours at the time of conversion — the EMPLOYER will provide a lump sum payment of 1.5% of the EMPLOYEE's base pay at the end of each calendar year. • 1040 or more accrued unused sick hours at the time of conversion —the EMPLOYER will provide a lump sum payment of 2% of the EMPLOYEE's base pay at the end of each calendar year. Base pay does not include overtime and some other types of special pay. Extended Illness Bank At the time of conversion, 48% of each employee's accrued unused sick leave balance was reserved in an individual extended illness bank. This bank can be used to extend the coverage provided through the EMPLOYER'S Short-term Disability policies. Time in the extended illness bank has no cash value upon termination. ARTICLE 24. SNOW DAYS 24.1 When a snow emergency exists as determined by the City Manager, the City will provide transportation for the employees to and from work if it is found difficult or impossible to travel in their own vehicles and the employee is required to work for emergency reasons. ARTICLE 25. WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. Christmas Eve December 24th Christmas Day December 25th 11 25.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 26. DURATION Upon its approval and implementation by the City Council of the City of Eden Prairie, this AGREEMENT and all appendices shall be effective as of January 1, 2026, and shall remain in full force and effect until December 31, 2028. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT this ________ day of ________________________, 2025. FOR THE INTERNATIONAL UNION OF FOR THE CITY OF EDEN PRAIRIE: OPERATING ENGINEERS, LOCAL No. 49: ____________________________ Ron Case, Mayor ____________________________ ______________________________ Rick Getschow, City Manager Ryan P. Davies, Business Manager ____________________________ ______________________________ Alecia Rose, Admin Services/ Travis Gossard, Area Business Rep. Human Resources Director STEWARDS: ___________________________ Ron Lundberg, Steward ___________________________ Kevin Snyder, Steward ___________________________ Jeffrey Campbell, Steward ___________________________ Weston Smith, Steward 12 APPENDIX A SEASONAL EMERGENCY DISRUPTION PAY PURPOSE: Seasonal work required to meet public service demands such as plowing, sanding, rink flooding, etc., and emergency work in response to unusual circumstances such as fire, flood, winds, snow, sleet or breakdown of municipal equipment or facilities results in additional demands on Maintenance Operation’s staff. In recognition of these ongoing demands, employees will receive additional compensation in the form of Seasonal Emergency Disruption Pay (SEDP). PARTICIPATION: All fleet, parks, streets and utility section maintenance employees with valid Minnesota Driver’s License. (CDL where required – Plant Operations staff). AVAILABILITY REQUIREMENTS: During active months (based on seasonal requirements & public demand) employees must be available, with reasonable notice, for call backs, early starts and extended days unless the employee has a pre-approved absence. Pre-approved absences include substantiated illnesses or use of personal leave. The City will use the existing Performance Management Program and Progressive Discipline Process to manage non-conforming employees. LEVEL OF COMPENSATION: Parks, Streets, and Fleet Maintenance Workers and Utility Maintenance Workers and other shift personnel qualified as Snowplow Team Members who volunteer for plowing will receive the monthly rate below. The intent of seasonal disruption is to cover the months of November, December, January, February, March and part of April. The first week of seasonal disruption will begin the pay period that encompasses November 1 of each year and then run 24 weeks ending in April. $282.04/month Traffic Signal Specialist and Sign Specialist shall receive an additional $0.50 per hour for 28 weeks April through October when not being paid as a Snowplow Team Member. PAYMENT: Seasonal Emergency Disruption Pay will be divided into an hourly rate and added to the employee’s hourly base rate of pay during active months. 13 APPENDIX B UTILITY ON-CALL EMERGENCY PAY PURPOSE: To provide on-call emergency response to support and maintain the City’s Utility system. Emergencies are generally defined as malfunctions of the water supply and distribution system, sanitary sewer collection (including lift stations), and storm sewer systems (including lift stations). These emergencies generally include sewer backups, lift station malfunctions, water main and service leaks, customer service problems and other situations reported by the public, by public safety, treatment staff or supervisors. PARTICIPATION: Qualified utility section operators shall annually share equal weekly responsibilities of being on 24-hour, seven-day-per week on call status to respond to emergency situations after and before normal work hours, weekends, and holidays. The exact rotation of the on-call status will be determined with input from operators and determined by management, but will take into consideration the following factors: • All qualified operators (Step D and above) shall share in the responsibility. • Rotation will be established by December 31st, each year for the following year. • After the schedule has been established, operators may “trade” on-call duties with other qualified operators. The strong preference is to trade “7-day blocks,” but 5-day and 2-day weekend trades will be allowed to accommodate personal schedules. All planned trades shall be established one week in advance with the approval of the supervisor. PTO leave substitutions will be resolved at the operator/supervisor level as required. • Reporting of substitution status to the public safety department, treatment plant staff and utility manager will be the responsibility of the individual operator initiating the change. • Subsequent rotation schedule will take into account the previous year inequities of distribution of on-call status among all qualified operators. • The goal of the final policy will be to provide high quality customer service for after hours and weekend emergencies and provide an equal distribution of the responsibility among operators. LEVEL OF COMPENSATION: $76.43/day ($535.01/week) PAYMENT: On-call emergency pay will be processed as part of the normal pay period. An EMPLOYEE will be paid a daily rate for on-call pay and will only be paid for the days they actually carry the on- call phone and are available for response. 14 APPENDIX C SNOW PLOW ON-CALL PAY Each week during the seasonal disruption period (November through March), a snow plow operator is assigned to carry the on-call phone and must remain available for weather related assessment and response. Assigned operators will be compensated $76.43 per day/$535.01 per week. An EMPLOYEE will be paid a daily rate for on-call pay and will only be paid for the days they actually carry the on- call phone and are available for response. 15 APPENDIX D WAGES SCHEDULE Position Ranges Job Series Minimum Step Maximum Step Maintenance Worker (MW) Step A Step E MW –Specialty Lead Merit AA MW – Seasonal and Technical Leads Merit BB MW – Regular Lead Merit CC Mechanic Step C Step BB Mechanic Lead Step CC Water Plant Operator/Mechanic Step C Merit BB Water Plant Lead Merit CC Step Rates Step 2026 2027 2028 (3%) A $36.18 $38.20 $39.35 B $37.83 $39.93 $41.13 C $39.44 $41.64 $42.89 D $41.06 $43.35 $44.65 E $42.66 $45.04 $46.39 AA $43.66 $46.09 $47.47 BB $45.27 $47.80 $49.23 CC $47.33 $49.97 $51.47 The City of Eden Prairie strives to stay competitive in pay with its peer cities in order to attract and retain skillful and high performing employees. Based on current and projected economic and market trends, the City of Eden Prairie will increase Local 49 wages over the duration of this Contract. Increases are broken down as follows: First Pay Period of 2026 3% Base Wage Adjustment, 3% Market Adjustment First Pay Period of 2027 3% Base Wage Adjustment, 2.5% Market Adjustment First Pay Period of 2028 3% Base Wage Adjustment. If other groups, union or non-union receive a Base Wage Adjustment (COLA) approved by Council in 2028 that is higher than the mutually agreed upon 3%, the higher Base Wage Adjustment (COLA) will be applicable to this bargaining unit. 16 Other Employees will be eligible to move to the maximum of their assigned range providing an evaluation of their qualifications that meets the established step criteria and standards. Maintenance Worker: Opportunities for training required to move to the next will be provided to qualified employees on the basis of seniority. The criteria for movement from one step to the next will be determined by management based on advice and input from an advisory committee consisting of one senior level member representing each division of the bargaining unit. Assignment to a lead position will be based solely on qualifying job evaluation results and organization needs as determined by management. 17 APPENDIX E SEASONAL/ TEMPORARY EMPLOYEES Employees employed by the EMPLOYER on a seasonal or temporary basis for no more than 160 workdays per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be paid at a rate determined by the EMPLOYER for the term of their employment. Such employees will not be eligible for any benefits under this Labor Agreement between the City of Eden Prairie and Local 49 except those which may be required by law. Both parties will monitor and evaluate the change in seasonal work days over the length of the Contract. If either party believes changes are needed those changes may be discussed during the length of the Contract. DURATION: Appendix E shall be effective as of January 1, 2026 and remain in effect until December 31, 2028. 18 LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES SCHEDULING AND ASSIGNMENT OF OVERTIME. The City of Eden Prairie will provide a schedule of known overtime requirements at the beginning of each year. A schedule for special events requiring additional staff support will be posted by the end of March. ASSIGNMENT OF OVERTIME: The order for assignment of overtime will be: • First Opportunity – Division Full-time Employees • Second Opportunity – Division Seasonal Employees • Subsequent Opportunities – Other Qualified Full-time Employees ************************************************************ This LETTER OF UNDERSTANDING expires December 31st, 2028. Date: _________________________ ______________________________ Travis Gossard Local No. 49 Business Representative Date: __________________________ ______________________________ Rick Getschow City Manager Date: __________________________ ______________________________ Alecia Rose Admin Services/Human Resources Director 19 LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES UNION SECURITY. Union stewards shall be allowed to participate in formal negotiations with management during regularly scheduled work hours without loss of pay. The parties will work to schedule negotiating times that meet the needs of all participants. It is understood that negotiation sessions may sometimes extend beyond regularly scheduled hours. In no case, will overtime or additional compensation be paid to facilitate the negotiation process. *********************************************************** THIS LETTER OF UNDERSTANDING EXPIRES December 31st, 2028. Date: ___________________________ _____________________________ Travis Gossard Local No. 49 Business Representative Date: ____________________________ ______________________________ Rick Getschow City Manager Date: ____________________________ ______________________________ Alecia Rose Admin Services/Human Resources Director 20 LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES TWELVE HOUR SHIFTS AT THE WATER TREATMENT PLANT. Effective the pay period starting January 19, 2008, the City will implement twelve hour shifts and a four days on/four days off rotation for water treatment plant operators. The following conditions will apply: 1) Overtime will be paid for hours worked in excess of 12 hours on any day, and when treatment plant operators work in excess of 40 hours in a work week. Additional shifts worked beyond those scheduled will be treated as overtime. 2) Treatment plant operators who request PTO leave for an entire scheduled work day will use 12 hours of PTO leave. 3) Treatment plant operators who request an entire day of personal leave during a scheduled day of work will use 12 hours of personal leave. 4) In lieu of holidays or holiday premium pay, treatment plant operators will receive 40 hours of pay for the weeks they are scheduled to work less than forty hours during the 7 day work period. 5) Open shifts will be offered to each treatment plant operator based on a rotating priority list. The last person on the list offered the open shift will be expected to accept the shift. In most cases, last minute (same day) shift openings will not be filled by other operators. However, exceptions may occur during staffing shortages, emergencies or periods of peak demand as determined by treatment plant management. 6) Employees are expected to have at least 8 hours of rest prior to the start of a shift. Water treatment operators whose work shift schedule does not permit at least 8 hours of rest prior to a snow plowing notification should not respond to snow events. 7) The planned shift schedules are as outlined in the tables below. Individual schedules may be adjusted per the terms of the union contract. Summer Schedules - Mid April to Mid October Schedule Shift Start Shift End D1 5:30am 5:30pm D2 6:30am 6:30pm N1 5:30pm 5:30am N2 6:30pm 6:30am Winter Schedules - Mid October to Mid April Schedule Shift Start Shift End D1 6:00am 6:00pm D2 6:00am 6:00pm N1 11:00am 11:00pm N2 11:00am 11:00pm 21 This is a new schedule and may be discontinued by either party with 90 days written notice. Both parties understand that issues may arise that were not anticipated in this letter of agreement. The parties will meet to discuss these issues as they arise. In principle, the schedule change is not intended to create any special benefits for treatment plant operators relative to the previous schedule, Eden Prairie’s general employment practices, or other provisions in the union contract. Date: ______________ ________________________________ Travis Gossard Local No. 49 Business Representative Date: __________ ________________________________ Rick Getschow City Manager Date: __________ ________________________________ Alecia Rose Admin Services/Human Resources Director 22 LETTER OF UNDERSTANDING Between LOCAL No. 49 And CITY OF EDEN PRAIRIE THE FOLLOWING AGREEMENT ADDRESSES CELL PHONE REIMBURSEMENT. The City needs a method to contact employees for emergencies, snow events, and other work-related communication. As of January 1, 2014, employees will receive a reimbursement of $15 per pay period to reimburse for the use of cell phones for City business in accordance with the Cell Phone Allowance Policy. This benefit is intended to reimburse for a portion of cell phone minutes and text messaging for business purposes; at no time is it intended to reimburse for the entire plan cost. This reimbursement is subject to taxes under IRS guidelines. If an employee does not have a functioning cell phone in accordance with City Policy, they will continue to be provided a pager in order to receive work-related communication and are expected to respond to pages. *********************************************************** THIS LETTER OF UNDERSTANDING EXPIRES DECEMBER 31ST, 2028. Date: ___________________________ _____________________________ Travis Gossard Local No. 49 Business Representative Date: ____________________________ ______________________________ Rick Getschow City Manager Date: ____________________________ ______________________________ Alecia Rose Admin Services/Human Resources Director City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.G. Department: Information Technology ITEM DESCRIPTION Install Vitec IPTV solution in remodeled Police Department for display for CAD Map, Cable TV channels REQUESTED ACTION Move to: Approve the purchase and implementation of Vitec IPTV in the remodeled Police Department. SUMMARY The Police Department remodel is currently underway (2025 – 2026). With this remodel, a new solution was required to enable the Police Department to display Police CAD Map at various locations. An additional requirement was to display cable channels in specified offices, conference rooms and shared spaces and digital signage in City shared hallways. The IT team reviewed and compared coax cabling, which is current state, and content delivery systems. The IT team visited the City of Burnsville to view implementation of a content delivery system. Based on this comparison, we determined that the Vitec IPTV content delivery system would be a good fit to meet current requirements of the Police Department and is highly scalable to be implemented at other city facilities. We recommend implementing the Vitec IPTV solution at 45 endpoints as part of the Police Remodel with Bluum Technologies for a total cost of $171,654.46. This project is quoted under MN State contract A-203(5), contract # 152129. ATTACHMENTS Bluum Vitec agreement Bluum Tech Proposal (Exhibit A) (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the 19th day of November, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bluum of Minnesota, a Minnesota company (hereinafter “Vendor”) whose business address is 1771 Energy Park Drive, STE 100, St Paul MN 55108. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for EP - Police Remodel/IPTV hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by the Vendor. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $171,654.46, with total payments not to exceed 171,654.46 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 5. Staffing. The Vendor has designated itself to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6 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 for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. 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 Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6 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. 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: Sarah Brown Its: VP of Finance Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6 EXHIBIT A Quote/Proposal/Scope of Work City of Eden Prairie A Technology Proposal created for: EP - Police Remodel/IPTV Account Executive: Mike Chapley Systems Engineer: Peter Obermesik Opportunity Number: 54059 Revision: N/A Proposal Design & Integration Exhibit A bluumtech.com Scope of Work System Objective and Overview Bluum is pleased to present The City of Eden Prairie with the following scope of work for the Vitec IPTV installation. Quote A - Bluum will install 45 Vitec endpoints at display locations throughout the building. All displays and display mounts are to be provided and installed by others. Bluum will physically install the Vitec endpoints, and connect the endpoint to a data jack at the display location with a Cat6 patch cable. A HDMI cable will also be provided and connected to the owner furnished display. The displays will be installed by others prior to the installation of Vitec endpoints. This proposal assumes that all network cabling and data drops are provided by others at the Vitec endpoint locations and at the Vitec server headend. Network switches providing PoE+ to the Vitec endpoints will be provided by the client. Included in this Vitec system are accommodations for up to 60 streaming channels, 45 endpoints, 5 digital signage endpoint licenses, 1 Encoder (CAD PC), an EX TV Platform Server, and one year of the Vitec Annual Gold Service Program. Vitec will provide on-site configuration and training. Client Responsibilities The following responsibilities and items requested below are a requirement as per the project scope to be completed by the Client. If any of the below items cannot be completed prior to the dates coordinated with Bluum project management staff additional charges may apply. This proposal assumes all owner furnished equipment is operational and without issues. If issues are discovered to exist with owner furnished equipment, Bluum reserves the right to charge for lost installation time, and will provide a solution to fix the issue which may result in a change order. • Configure and provide all owner furnished equipment to include: o CAD PC, Displays, Display mounts, Network switchers, data infrastructure • Provide electrical services as required to meet the needs of the AV system. o Duplex outlet at the display, and equipment rack location • Provide and configure all required network connections. o All Vitec Endpoints • Verifying configuration of the network connection prior to installation date. • Verify equipment placement with Project Management. • Verify cable and conduit pathway is accessible with Project management prior to installation date. • Provide a clear, clean, and accessible room for the installation. • Un-interrupted access to the rooms during install. • Coordination of parking and building access. Customer Expectations: If multiple rooms were quoted, installation pricing for this proposal assumes that all quotes will be signed off on and installed at the same time. If one or more of the quotes in this proposal are not approved, existing quotes will need to be revised to reflect those changes and additional charges may apply. Equipment locations such as closets, or cabinetry may require additional venting, or in some cases, dedicated cooling units to keep equipment operating at standard temperatures. Bluum will not be responsible for the condition and functionality of any existing OFE (Owner Furnished Equipment) during the installation process. This includes transitioning product from the process of de-installation to re-installation. Should existing bluumtech.com equipment fail or be found to not work properly with our system design, the customer will have the option of sourcing a Bluum approved replacement part or Bluum will offer a billable replacement alternative. If OFE malfunction causes delays in the installation timeframe, additional billable labor charges may apply. The undersigned authorizes Bluum Technology to proceed in accordance with the proposal including options elected & agrees as a representative of the client to be responsible for payment. By signing the below, the client has read, understands & agrees to the scope of services, client responsibilities, terms & conditions & privacy policy. Clients Name & Email Address (Please Print): Authorized Signature: Date: Bluum of Minnesota, LLC1771 Energy Park DriveSuite 100St. Paul MN 55108 800-933-7337 | 612-331-5500 www.bluumtech.com Quote #390293 11/07/2025 390293 1 of 3 Bill To Ship ToAccounts Payable City of Eden Prairie8080 Mitchell RoadEden Prairie MN 55344 Memo: City of Eden Prairie8080 Mitchell Rd.Eden Prairie MN 55344 Expires Sales Rep Contract Terms 12/07/2025 592 Mike Chapley MNS-CPV 152129 NEW Qty Item Price Ext. Price System Core and Infrastructure Solution 48 CAT6-5PROBLK Pro AV/IT CAT6 Heavy Duty Snagless Patch Cable - Black 5ft $36.99 $1,775.52 TAA Compliant 47 NFHD18G-6PROBLK NanoFlex™ Pro AV/IT Integrator Series™ Certified 4K 18G High Speed HDMI Cable Jet Black 6ft $19.05 $895.35 Furniture/Rack Solution 1 1LRS-BLU-002 1 RU Flat BA, 2 Color Logo Service Rack $45.33 $45.33 1 ISK-WH White Keystone compatible blank inserts $0.41 $0.41 1 DWR-16-22PD 16RU Wall Rack, with Plexi door $950.40 $950.40 1 DWR-RR16 16SP REAR RL KIT DWR/EWR $53.40 $53.40 1 DWRSR-4-FK 190 CFM Fan Kit for DWR or SR Rack, 17 or 22 Inches Deep $175.20 $175.20 13 EB1 Rack Blank Panel 1Ru,1.75" Black, Mid Atlantic $11.40 $148.20 1 HP-Screws HP Box of 100 PCS 10-32 Screws Black $27.60 $27.60 1 LBP-1A, 10 PACK LBP-1A, 10 PACK $42.00 $42.00 1 PDT-615C PDT Series Power Strip, 6 Outlet, 15A $190.80 $190.80 Bluum of Minnesota, LLC1771 Energy Park DriveSuite 100St. Paul MN 55108 800-933-7337 | 612-331-5500 www.bluumtech.com Quote #390293 11/07/2025 390293 2 of 3 Qty Item Price Ext. Price 1 PDX-915R-SP NEXSYS 9 Outlet, 15 Amp Rackmount Power $604.80 $604.80 2 U1V 1 Space (1 3/4") Vented Rack Shelf $49.80 $99.60 1 15366-us EZ TV Platform Server - Pro (DL20) - US $35,595.00 $35,595.00 1 Integration Item 19038-us $79.10 $79.10 MGW Diamond/Pico - Power Supply - Lockable - US 45 18321 Accessory - End Point - standard 38KHz IR extender (1.5m $12.43 $559.35 long) - x93xx/m94xx/m95xx/EP6 45 18900 EZ TV EP6 - End Point - 4k - multi decode $470.65 $21,179.25 1 18944 MGW Diamond-H - Encoder - HEVC - TS - $1,977.50 $1,977.50 1x HD 1 15428 EZ TV STB Manager Module $9,049.04 $9,049.04 1 15508 EZ TV Electronic Program Guide (EPG) Module $7,245.56 $7,245.56 1 17350 EZ TV Serial Control Module $10,860.43 $10,860.43 8 Integration Item 18199 EZ TV - License - Personal TV Middleware - 5 End- $632.80 $5,062.40 Points 1 18263 EZ TV Universal End-Point License – 5 End-Points $1,360.52 $1,360.52 4 16161 Project Management by a VITEC engineer $1,695.00 $6,780.00 4 16211 Travel and Expenses $1,271.25 $5,085.00 4 16439 Configuration, provisioning and training by a VITEC $2,350.40 $9,401.60 engineer Bluum of Minnesota, LLC1771 Energy Park DriveSuite 100St. Paul MN 55108 800-933-7337 | 612-331-5500 www.bluumtech.com Quote #390293 11/07/2025 390293 3 of 3 Qty Item Price Ext. Price 1 16348 VITEC Gold Service Program (Annual Contract) $14,184.10 $14,184.10 1 Services - Integration Integration and Installation Services (Non-Union, Non Prevailing Wage; Normal Business Hours). Union and/or Prevailing Wage rate requirement will result in a change order to the client. $36,899.00 $36,899.00 Includes Standard 90 day Installation Warranty https://www.bluum.com/standard-service-warranty Thank you, Mike Chapley E: mike.chapley@bluum.com bluum.com bluumtech.com State Contract : $ 171,654.46 Non Contract : $ - Quote A - $ 171,654.46 Project Total:171,654.46$ Check the quotes intended for purchase. Proposal Summary Cultivate Possibility With the hyper-accelerated transition to technology-based work and learning, organizations and businesses are seeking deeper partnerships with solutions providers that can deliver more than a sale. True partners take time to listen and understand your needs, and are vested in helping you achieve your goals and deliver results. The act of ‘blooming’ signals a moment of transformation when the right people, knowledge and resources come together to create something greater than the sum of its parts. We help organizations like yours digitally transform the way you work and learn to unlock greater value, and bloom where you are planted. Our Mission To bring people together through exceptional technology experiences. bluumtech.com bluumtech.com Strategy Design Integration & Installation We aim to develop and maintain a long-term partnership with you. Why? It helps ensure we not only design, build and support the solution you need, but deliver results that help your organization grow. Improved engagement Greater productivity Optimized costs Increased brand value Bluum Technology, together with our vendor partners, provides full consultation to design and power your on-site and remote workspaces and meeting rooms. The Bluum team will continue to support you long after the project is complete. We use a thorough pre- implementation planning process that starts with a dedicated project manager who oversees the implementation. Site visits confirm the scope and site are in alignment before our certified technicians begin installation. Professional Development Technical Support Maintenance Once your solution is installed, Bluum Technology can help you increase user adoption, engagement and collaboration. Our team of professional development instructors provides a variety of training programs to empower your workforce to use technology for improved collaboration and productivity. Bluum Technology provides 24/7 technical support via phone or email through our easy-to-access helpdesk. Our dedicated service team is the largest in the market and maintains numerous industry certifications to enable quick resolution to any support needs. Our national network of experienced integrators and installers can provide service anytime, anywhere including: Local repair and service dispatch Preventative maintenance contracts Service level agreements Installation of firmware and software updates Maintenance reports No-cost consultation on system upgrades bluumtech.com BY THE NUMBERS 780+ on Team Bluum Business Revenue Growth Since 2019 Products Sold Annually State Coverage Projects Completed HONORS & INDUSTRY CRN Magazine (2018) (2021) CRN Magazine (2016, 2017) TCB Magazine ABOUT US San Antonio, TX St. Paul, MN 6. Markham, ON (CAN) Los Angeles, CA Bluum Technology (formerly Trox+Tierney) has been helping customers improve communications, collaboration and uncover more value for over 40 years. As a true partner, we are with you every step of the way – from consultation, planning and design through integration, installation and beyond. With a solid understanding of how technology can be leveraged to create exceptional user experiences, we can help you derive the greatest benefits and maximize overall value of your technology investments. We are confident that we can provide the right mix of expertise, products and services to effectively support your requirements. If you need more information, please contact us at 612-331-5500. If you need more perspective on how we work with our customers, we’ll be happy to connect you with some references. We look forward to the opportunity to partner with you soon. bluumtech.com City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.H. Department: Police Department/Facilities ITEM DESCRIPTION Approve purchase of dispatch console furniture for Police Department remodel project. REQUESTED ACTION Move to: Approve Contract for Goods and Services with Bramic Creative Business Products Ltd. for the purchase of dispatch console furniture for the Police Department remodel project in an amount not to exceed $147,955.24 SUMMARY The Police Department remodel project will include new space for dispatch operations. The attached contract is for the purchase of four consoles and associated furniture and equipment for the new dispatch room. Staff obtained two quotations: Watson Furniture $148,036.66 Bramic Creative Business Products Ltd. $147,955.24 Staff determined that the quote from Bramic Creative Business Products provided the best value and higher end furniture to the City. Bramic Creative Business Products Ltd. is a Canada-based company and is therefore subject to U.S. tariffs. The contract price is structured not to exceed a maximum cap of $147,955.24, which includes tariffs at the current rate. The contract price will be reduced if actual tariffs at the time of shipment are lower than currently expected. ATTACHMENTS Contract for Goods and Services with Cost Estimate dated November 20, 2025 (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the 2nd day of December, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bramic Creative Business Products Ltd., an Ontario business corporation (hereinafter “Vendor”) whose business address is 1175 Squires Beach Road, Unit #7, Pickering, Ontario, Canada, L1W3V3. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Police Department dispatch console furniture, hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A (Cost Estimate dated November 20, 2025). This is to include Bramic’s Terms of Sale pages dated November 20, 2025. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by July 1, 2026. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum not to exceed $147,955.24 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. City and Vendor agree that the amount quoted for “Tariff Surcharge” on line 35 of Exhibit A is a maximum cap on the City’s obligation for such surcharge. Should the actual amount of the tariff required by the United States at the time of shipping be lower than the amount quoted, Vendor will charge the City the lower amount. In no event may Vendor charge City a tariff surcharge greater than the amount listed on line 35. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 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 replace the designated staff without the approval of the City. Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Intentionally deleted. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6 EXHIBIT A Quote/Proposal/Scope of Work BRAMIC INNOVATIVE FURNITURE FOR PUBLIC SAFETY Cost Estimate for Eden Prairie Police Attention: Rick Clark Email: rclark@EdenPrairieMN.Gov Date: November 20, 2025 Bramic Creative Business Products Ltd. 1175 Squires Beach Road, Unit #7 Pickering ON Canada L1W 3V3 Phone: (905) 686-6950 Email: sales@bramic.net Website: www.bramic.net 2' 7' 6'-6" 2' 9'-5" 4'-314" 4'-314" BRAMIC Part#: Description & Material Date: **All products drawings, designs and floor plan concepts are considered the property of Bramic Creative Business Products Ltd. and cannot be reproduced or distributed in whole or part, without prior written approval.**Eden Prairie Police QT-4410-02 Cost Estimate Date of Cost Estimate: Date of Cost Revision: 09/18/2025 Quoted By: Michael Sage 11/20/2025 Eden Prairie Police 4 consoles Cost Summary - USD Funds QTY Gov’t Price (Unit) Gov’t Price (Extended)DESCRIPTIONITEMLN UOM _FREIGHT 1 1 EA $6,025.00$6,025.00Freight & Brokerage Outbound (on Consoles & Accessories) _INSTALLATION 1 2 EA $4,196.00$4,196.00Installation Services Sub Total: $10,221.00 Options Requested _Special 4 3 EA $60,480.00$15,120.00MB-C78-78-DS ** Dual surface, height adjustable console, 78" x 78", heavy duty lifting columns, black powder-coated metal base units PB20-S6S15P 8 4 EA $1,448.00$181.00Pwr Bar, 20A, Silver, 6 Straight Blade, 15'Cord, w / Pilot Lt**(2 per console - monitor power) PB-BRK-MTBK-1369 8 5 EA $392.00$49.00BRKT for PB, 90-Degree, Wood Side Mount, Black **(2 per console) PB20-S8S15P 8 6 EA $1,512.00$189.00Pwr Bar, 20A, Silver, 8 Straight Blade, 15' Cord, Pilot Light **(2 per console inside console base) WS-32x20-CB 8 7 EA $2,000.00$250.00Wood side panel for MB console, 32" x 20" w/ 1/4"-20x40mm Connector Bolt, Black (2 per console) NV-TSS-COLUMN-FOCAL- 845-BK 8 8 EA $688.00$86.00TSS Column 845mm/33.25" - used with the Bramic focal (2 per console) NV-Focal-1000 4 9 EA $5,720.00$1,430.00Focal 1000, used on TR-L console, includes 1 Slat Wall 1000, 1 Handle NV-TSS-SW-1000 8 10 EA $816.00$102.00TSS Slatwall 1,000 (850mm) used on TR-L console, Black (Requires 1 per Tier of Monitors) **(2 per console) NV-TSS-CBL-CLIP-SW-EXT -BK 8 11 EA $80.00$10.00Cable Clips for Slatwall Extrusion, Black **(2 per console) NV-TSS-SW-FOLDING-AR M-2-BK 8 12 EA $936.00$117.00TSS Folding Arm 2 Slatwall Mount, 22 lbs. rating, includes quick-release VESA mount, black **(2 per console - middle) NV-TSS-TELESCOPE-ARM- 3-XL-BK 16 13 EA $2,448.00$153.00TSS Telescope Arm 3, XL, 22 lbs. rating, includes quick-release VESA mount, black **(4 per console) Page 1 of 3 Prices Valid for 60 Days From Date of Initial Cost Estimate QT-4410-02 Cost Estimate Date of Cost Estimate: Date of Cost Revision: 09/18/2025 Quoted By: Michael Sage 11/20/2025 Eden Prairie Police 4 consoles Cost Summary - USD Funds QTY Gov’t Price (Unit) Gov’t Price (Extended)DESCRIPTIONITEMLN UOM NV-VESA-SPACERS 24 14 EA $0.24$0.01NV monitor spacers for one VESA mount, includes four spacers and four screws (6 per console) BPCS-MB-C-DS 4 15 EA $12,760.00$3,190.00Bramic Personal Comfort System for MB Console - Corner Conf. - includes dashboard control panel, 1 heater (500-watt) and 2 NV column mounted fan kits for circulated air (upper body cooling) Task-Light-BPCS-18 4 16 EA $808.00$202.0018" LED Task Light, flexible goose neck, connects to the Bramic Personal Comfort System (Pair) PCTR-2P-2USBC-XX 4 17 EA $1,120.00$280.00Desktop Power Center, 2 power outlets, 1 USB-A charging, 1 USB-C charging, black finish, 16' cord. W/Mounting Bracket. USB-Data-DM-4USB-0Data 4 18 EA $2,592.00$648.00USB-Data Deskmount for Keyboard, 4 USB, 0 Data (Jacks only), Metal (steel with powder coated finish), Black, Does not include Pre-Wire. PRE-WIRE-USB-KB-1 16 19 EA $800.00$50.00Pre Wire USB on Keyboard, 1 USB. Includes (1) 15' USB Cables Male A to Male A & Mounting Hardware **(4 per console) PRE-WIRE-DP15-1 24 20 EA $1,680.00$70.00Pre Wire Display Port, Includes (1) 15' Display Port Cable Male to Male & Mounting Hardware ** (6 per console) Status-Light-Tower-Base 4 21 EA $1,024.00$256.00Status Light Signal Tower Base Status-Light-Tower-TSS-Mo unt 4 22 EA $304.00$76.00TSS Column Mount for Status Light Tower Status-Light-Tower-Red 4 23 EA $300.00$75.00Red LED lens for Status Light Signal Tower Status-Light-Switch-Round- 2 2 24 EA $242.00$121.00** (4) red total - no white - Status light switches, two round toggle switches, red/white LED illumination, NO power supply included (used with the Bramic Interface) Status-Light-Tower-Amber 4 25 EA $300.00$75.00Amber LED lens for Status Light Signal Tower Status-Light-Tower-Blue 4 26 EA $300.00$75.00Blue LED lens for Status Light Signal Tower Status-Light-Tower-Green 4 27 EA $300.00$75.00Green LED lens for Status Light Signal Tower Page 2 of 3 QT-4410-02 Cost Estimate Date of Cost Estimate: Date of Cost Revision: 09/18/2025 Quoted By: Michael Sage 11/20/2025 Eden Prairie Police 4 consoles Cost Summary - USD Funds QTY Gov’t Price (Unit) Gov’t Price (Extended)DESCRIPTIONITEMLN UOM Status-Light-Interface 4 28 EA $5,400.00$1,350.00Status Light Interface Unit MP-3236-BBF-GBL 2 29 EA $4,298.00$2,149.00Mixed Ped, 32x36 wood top, box/box/file, GBL base (left positions - window side) PB15-S6S15P 2 30 EA $234.00$117.00Pwr Bar, 15A, Silver, 6 Straight Blade, 15' Cord, Pilot Light (for above cabinet) MP-3238-2BBF-1SC2D-GBL 2 31 EA $6,220.00$3,110.00Mixed Ped, 32x38 wood top, box/box/file front side, 2 door storage cabinet back side, GBL base (right positions - wall side) _Special 1 32 EA $3,895.00$3,895.00Height-adjustable meeting table, 72" x 36", LINAK base with 2 motors, middle base cross bar, with cable management chain PB15-S6S15P 1 33 EA $117.00$117.00Pwr Bar, 15A, Silver, 6 Straight Blade, 15' Cord, Pilot Light PBFM-2P2D-15-B 2 34 EA $570.00$285.00Pwr. Outlet Flush Mt. Box, w/2 Recep. & RJ11/RJ45 Coupler, 15A, Black _Tariff Surcharge 1 35 EA $17,950.00$17,950.00SPECIAL NOTE: The U.S. Administration has applied tariffs on products manufactured in Canada and being exported into the U.S. The amount of the tariff surcharge is based on what is currently known at the time of quoting. If the U.S. Administration reduces or removes the tariff surcharge, this charge will be altered accordingly or removed. The amount of the surcharge will not exceed the amount indicated. This amount represents the cost that Bramic would be charged by the U.S. Administration. Sub Total: $137,734.24 $147,955.24Total in USD: Additional options for consideration not included Page 3 of 3 EDEN PRAIRIE POLICE TERMS OF SALE Pricing All prices quoted are in U.S. dollars. All pricing is valid for 60 calendar days and must be reconfirmed thereafter. The provided cost estimate QT-4410-02 is based upon information provided at the time of quote. Additional charges may apply should further components be required to accommodate changes in the installation, communication equipment or building power and data requirements. SPECIAL NOTE: The tariff surcharge (Line 35) that has been applied to this quote is based on what is currently known at the time of quoting. If the U.S. Administration reduces or removes the tariff surcharge, this charge will be altered accordingly or removed. The amount of the surcharge will not be greater than indicated on the quote. This amount represents the cost that Bramic would be charged by the U.S. Administration. Taxes All applicable taxes are extra, and it is the responsibility of the purchaser to pay their government. Bramic is an out of state/out of country vendor and will not be charging and/or collecting tax from the purchaser. Payment Terms Standard Bramic policy prefers a 25% deposit upon order placement, with the balance due 30 calendar days from the date of the Bramic invoices. Note: If these terms are an issue, please contact Bramic immediately. Past due accounts are subject to a service charge of 2% per month. All goods remain the property of Bramic until paid in full. Lead Time 10-14 weeks from receipt of order and colour selection, pending production availability. Delivery must be confirmed on order placement. Release of Purchase Orders The Customer is responsible for informing Bramic of any registrations, security clearance checks, agreements, contracts, or other documentation required for the processing of Purchase Orders and subsequent release of payments. Bramic requires a Purchase Order or Letter of Intent for all orders. Delays in providing this information and applicable documents to Bramic may impact your delivery timetable. Floor Planning Bramic will only be responsible for the accuracy of its floor plans and renderings if provided an accurate floor plan of the work area involved from the client (or its architect). This includes all dimensions of access points (elevators, hallways, door openings) through which the consoles and accessories must pass to reach the work area. This floor plan must be signed off by the client and will be deemed to show the final dimensions of the work area. If during installation it is found that the building dimensions vary from the measurements provided by the client (or its architect), the floor plan sign-off documents will be deemed to be precise. Building Delays Bramic will not be responsible for any delay in building construction or renovations and/or systems installation. If delays occur for any of these reasons, Bramic may be forced to put the furniture consoles into storage until required for installation. If the latter is the case, Bramic has the right to invoice on the agreed upon ready date. Likewise, if the installation is delayed due to a request from the client or any of its system providers, Bramic has the right to invoice upon the ready date. In both cases, storage charges will apply. Cancellation Policy Once received in our office, your purchase order is deemed a written contract and cannot be cancelled. Confidentiality All product drawings, designs and floor plan concepts are considered the property of Bramic Creative Business Products Ltd. and cannot be reproduced or distributed in whole or in part without prior written approval. EDEN PRAIRIE TERMS OF SALE (CONT’D) Freight Extra, as quoted, FOB Destination Prepaid and Charged. Installation Extra, as quoted. Installation will be provided by Bramic certified installers. Duties include receipt of the product shipment, re-delivery, offload, staging, and installation of 4 sit-to-stand furniture consoles and any associated millwork or cabinets, based on the customer approved floor plan. Client is to provide Bramic installers with a clear working area free of all existing construction materials and all associated construction equipment. All flooring must be installed, and the ceiling details, electrical and data services must be completed prior to the arrival of the furniture consoles. Installation to take place within a free and clear control room over a 1 day period during regular daytime business hours. Once the installation has been completed, the consoles will be left in clean and in “ready for operation” condition. Bramic will not be responsible for any damages caused by the contractor and/or its sub-contractors. Should additional installation days be required due to delays by the client or non-Bramic subcontractors that are beyond the control of Bramic, additional costs will be applied. Project Management, Design/Engineering, Floor Layout Drawing Included. AutoCAD assistance including workflow design along with detailed drawing support for the project trades. Solidworks equipment placement, console design, room renderings and video display placements with sightline evaluations. Furniture console power distribution design for each console type. Online meetings using web collaboration. Warranty Bramic’s warranty is as follows. Further details can be found in the detailed Warranty pages. Part or Component Warranty Period Structural Frame & Steel Components Laminated Components Electric Height Adjustable Motors, Controllers & Safety Switches Status Lighting and Interface Status Lighting and Interface Task Light General Electrical Components Panel Partitions Monitor Mounting Solutions 24/7 Chairs Lifetime / 5 Years Labor and Freight 10 Years / 5 Years Labor and Freight 10 Years* / 5 Years Labor and Freight 3 Years 3 Years* / 1 Year Labor and Freight 5 Years* 3 Years* 8 Years* / 5 Years Labor & Freight 5 Years* Dependent on Model Selected * Subject to availability from the original manufacturer. In the event the product is discontinued or unavailable, a suitable replacement will be provided. BRAMIC CREATIVE BUSINESS PRODUCTS LTD. Kim Sage President Date: November 20, 2025 BRAMIC CREATIVE BUSINESS PRODUCTS LTD. Furniture Console and Accessory Warranty Bramic Creative Business Products Ltd. (BRAMIC) gives the following written warranty for each new furniture console manufactured (hereinafter referred to as the “Product”) and sold in North America by BRAMIC. BRAMIC warrants to the original retail purchaser only that the product is free, under normal use and maintenance, from any defect in material and workmanship subject to the terms and conditions set out below. CONSOLE AND ACCESSORY WARRANTY If any defect should be found in the following parts or components during the periods as set out below from the date of delivery to the original retail purchaser, the defective part or component will be repaired or replaced at BRAMIC’s discretion with a new part or component of the BRAMIC equivalent, at no cost to the original retail purchaser for the part or component. This warranty includes the cost of parts, labour and freight as listed below. Part or Component Warranty Period Structural Frame & Steel Components Lifetime / Five Years Labor and Freight Laminated Components Ten Years / Five Years Labor and Freight Electric Height Adjustable Motors, Controllers & Safety Switches Ten Years* / Five Years Labor and Freight Personal Comfort System Three Years Status Lighting and Interface Three Years* / One Year Labor and Freight Task Lighting Five Years* General Electrical Components Three Years* Panel Partitions Eight Years* / Five Years Labor and Freight Monitor Mounting Solutions Five Years* 24/7 Chairs Dependent on Model Selected *Subject to availability from the original manufacturer. In the event the product is discontinued or unavailable, a suitable replacement will be provided. BRAMIC reserves the right to inspect any part or component alleged to be defective and to repair or replace the defective part only after acknowledging that such defect is due to faulty material or workmanship at the time of manufacture. THIS WARRANTY DOES NOT COVER: • the product if it has been tampered with, adjusted, altered, or repaired by any person other than BRAMIC or a service facility authorized by BRAMIC to render such service; • any repairs required as a result of defects caused by misuse, abusive operation, negligence, accident, improper use and/or insufficient care; • any repairs required as a result of damage caused during storage at the customer’s facility or by damage caused by environmental conditions and/or Acts of God which are beyond Bramic’s control; • normal wear and tear, as determined by BRAMIC; • materials or special orders specified or required by the original retail purchaser that are not standard BRAMIC materials or design; or with the exception of those parts or components listed on this page, any parts or components, howsoever attached or incorporated in the product, manufactured by any other manufacturer. ENTIRE WRITTEN WARRANTY This warranty constitutes the only and the entire written warranty given by BRAMIC for the product and no authorized BRAMIC representative, dealer, or their agents or employees are authorized to extend or enlarge this warranty on behalf of BRAMIC by any written or oral statement or advertisement. DISCLAIMER OF LIABILITY To the extent permitted by law, BRAMIC disclaims any liability whatsoever for losses, costs, expenses, liabilities, injuries and damages, including use of or loss of the product, inconvenience and commercial loss, whether direct or indirect, incidental or consequential, arising out of or related to the use or sale of the product. TO OBTAIN WARRANTY SERVICE To present a claim under this warranty, the original retail purchaser must advise BRAMIC, in writing, citing the product, date of delivery and alleged defect. Prior to any warranty service being undertaken, written authorization must be obtained from BRAMIC. The product will be inspected; a) by BRAMIC or an authorized service representative on site; b) If the product is found to be defective, it will be repaired or replaced pursuant to the terms of this warranty and the product will be shipped to the customer at BRAMIC’s expense. You may contact BRAMIC by: Phone: (905) 686-6950 OR Dedicated e-mail: service@bramic.net. June 2025 (Rev 1) City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.I. Department: Parks and Recreation ITEM DESCRIPTION Community Garden Plot Lease Agreement with Metropolitan Airport Commission. REQUESTED ACTION Approve one-year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission (MAC). SUMMARY This lease agreement is for the use of the 3.17 acre land parcel of MAC Property at 13180 Pioneer Trail for Community Gardens. These garden plots have been rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The previous garden plot lease agreement between the City and MAC expires on December 31, 2025. The MAC has prepared a new one-year lease agreement at the rental rate of $1,030.95, which allows the City the right to utilize this property again for the 2026 gardening season. ATTACHMENTS Lease Agreement City Council Agenda Cover Memo Date: Dec 2, 2025 Section: Consent Calendar Item Number: VII.J. Department: Parks & Recreation ITEM DESCRIPTION Installation of a retaining wall along the paved maintenance trail at Richard T. Anderson (RTA) Conservation Area. REQUESTED ACTION Accept proposal and authorize entering a Contract for Goods and Services with Johnson Companies LLC for the RTA Maintenance Trail Retaining Wall at an amount not to exceed $439,702.00. SUMMARY The City received Environment and Natural Resources Trust Funds (ENRTF) as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR) to restore remnant prairie and construct a retaining wall along the paved trail connecting the upper and lower parking lots, referred to as the Maintenance Trail. City staff had identified a potential slope failure that prompted hiring an engineering consultant, Stantec. Stantec investigated different design options that would limit impact on adjacent natural areas, while stabilizing the slope with limited maintenance. A big block retaining wall was selected has the most cost-effective and least impactful method to stabilize the slope. The City received 14 bids with Johnson Companies LLC Company being the lowest. City staff reviewed previous projects and Stantec has worked with the owner on previous projects with positive reviews. The total cost of the project will include a cash match from the City of 25% to meet grant requirements. ATTACHMENTS Contract Bid Summary 5/2023 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 2nd day of December 2025, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Johnson Companies, LLC, a Minnesota LLC, hereinafter referred to as the “CONTRACTOR.” WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works department referred to in Paragraph IV, as provided by the CITY for: RTA Retaining Wall Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $439,702.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. (signature pages follow) IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager CONTRACTOR ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title Vendors Total Base Bid Johnson Companies LLC 439,702.00$ Kurilla Contracting 491,458.00$ Grit Contracting 492,522.25$ Blakeborough Hardscapes 494,642.00$ Vada Contracting, LLC 508,199.50$ Ditch Creek Landscape, LLC 515,415.45$ Blackstone Contractors, LLC 521,546.39$ McLafferty Contracting Group, LLC 616,505.50$ JL Theis, Inc 624,270.08$ Boulder Creek, Inc 634,731.00$ Rosli Construction 653,230.00$ Sunram Construction, Inc 716,610.50$ Urban Companies 740,160.00$ Urban Edge, LLC 799,068.00$ City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.K. Department: Parks and Recreation ITEM DESCRIPTION Staff is seeking approval to have Indigo Signs refurbish the entry monument signs at the City’s parks and conservation areas. REQUESTED ACTION Move to approve the Contract for Goods and Services with Indigo Signs for the Park Entry Monument Sign Refurbishment Project at a cost not to exceed $100,000.00. SUMMARY The entry monuments signs at all parks and conservation areas were installed in 2006. Many of the signs have become faded and discolored over the years and staff is seeking approval to have the signs resurfaced. The frames and bases of the signs will be repaired as needed by City staff, but this contract would allow for Indigo Signs to remove the metal sheeting and have them reproduced and reinstalled. This will be done in phases, with the signs in the worst condition completed first. Funding for this project is budgeted in the CIP through the Capital Maintenance and Reinvestment Fund. ATTACHMENTS Contract for Goods and Services (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the 2nd day of December, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Indigo Signs, Inc., a North Dakota Corporation (hereinafter “Vendor”) whose business address is 1622 Main Avenue, Fargo, ND 58103. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for the Park Monument Entry Sign Refurbishment hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by December 31, 2026. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum per sign as outlined in Exhibit A, with total payments not to exceed $100,000.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 5. Staffing. The Vendor has designated Russ Anderson to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 6 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6 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 for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. 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 Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6 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. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Standard Contract for Goods and Services (rev. 6/2024) Page 6 of 6 EXHIBIT A Quote/Proposal/Scope of Work City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.L. Department: Public Works/Engineering, Patrick Sejkora ITEM DESCRIPTION Approve Cost Share and Maintenance Agreement between the Lower Minnesota River Watershed District and the City of Eden Prairie for the Study Area 3 Project (IC# 20812) REQUESTED ACTION Approve Cost Share and Maintenance Agreement between the Lower Minnesota River Watershed District and the City of Eden Prairie for the Study Area 3 Project SUMMARY Synopsis Lower Minnesota River Watershed District (LMRWD) has developed plans and technical specifications for stabilizing approximately 1,200 linear feet of the Minnesota River known as Study Area 3. A riprap filled floodplain trench, toe wood, and launchable toe riprap installation are intended to prevent further bluff erosion at Study Area 3. The project will also decommission the City-maintained stormwater pond 35-23-A and correct storm sewer deficiencies at the outfall to the river. Background Information The bluff erosion at Study Area 3 was first evaluated by the City and LMRWD in 2008. The partners are working together to achieve goals to improve the stabilize the bluff and reduced sedimentation into the Lower Minnesota River, which is impaired for sediments. While the project is not anticipated to fix the existing bluff erosion, the armoring of the toe is intended to prevent further migration of the river into the bluff and continued mass wasting of sediment. The City Pond 35-23-A has been repeatedly damaged by floods and has been approved for decommission by the Minnesota Pollution Control Agency in 2022. Financial Implications The City will reimburse the RPBCWD $400,000 of the project costs from the Stormwater Utility fund. ATTACHMENT Attach 1 – Cost Share and Maintenance Agreement between the Lower Minnesota River Watershed District and the City of Eden Prairie Cost Share and Maintenance Agreement between the Lower Minnesota River Watershed District and the City of Eden Prairie Project Lead: (Name, address, telephone and email) Project Cooperator: (Name, address, telephone and email) Location (County): Lower Minnesota River Watershed District Will Lytle, Administrator 112 East 5th Street, #102 Chaska, MN 55318 906-231-2556 admin@lowermnriverwd.org City of Eden Prairie Patrick Sejkora, Water Resources Engineer 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8360 psejkora@edenprairie.org Hennepin This Cost Share and Maintenance Agreement is made by and among the City of Eden Prairie, a Minnesota municipal corporation (Eden Prairie ) and the Lower Minnesota River Watershed District, a watershed district created pursuant to Minnesota Statutes chapters 103B and 103D (LMRWD to implement the Study Area 3 Project (Project ) in Eden Prairie, Hennepin County, Minnesota, to stabilize a reach of approximately 1,200 linear feet of the Lower Minnesota River (AUID 07020012-505) to reduce streambank erosion. (Eden Prairie and LMRWD are referred to collectively herein as the Partners .) Recitals WHEREAS LMRWD has an approved water resources management plan pursuant to Minnesota Statutes section 103B.231 (the Plan ) that has as a primary goal addressing all impairments in water resources in LMRWD LMRWD waterbodies from the State of Minnesota impaired waters list; WHEREAS the Lower Minnesota River is listed on the Minnesota Pollution Control Project List (2018-2027 Watershed Management Plan) in 2018; WHEREAS the City received authorization from the MPCA to decommission Pond 35-23- A in 2022, given the pond was damaged by floods and was identified by the LMRWD as a contributing factor in the upstream bank failure; WHEREAS the Partners find that implementing the Project will provide better bank stability connectivity the Minnesota River, which will enhance surrounding riparian habitat and, by establishing a stable river corridor, will also address the identified turbidity impairment within the Minnesota River; WHEREAS Eden Prairie operates its stormwater-management system under the state Municipal Separate Storm Sewer System (MS4) general permit, and construction and obligations under the permit; and WHEREAS Eden Prairie and LMRWD are authorized by Minnesota Statutes section 471.59 to enter into this cooperative agreement for the Project. I. Project Summary: A) The Project will stabilize approximately 1,200 feet of actively eroding bluff toe on the outside bend of the Minnesota River and stabilize the meander bend to prevent further migration and erosion downstream. B) The Project will decommission Pond 35-23-A and install a permanent armored floodplain barrier trench in the vicinity of the City storm sewer outfall. C) LMRWD will undertake the Project and the City will reimburse LMRWD $400,000 of documented Project costs. II. LMRWD RESPONSIBILITIES A) LMRWD is responsible for the design, construction and implementation, as well as construction oversight and management, of the Project, and is responsible for all costs of the Project except as reimbursed by Eden Prairie in accordance with this Agreement. B) The LMRWD is responsible for maintaining the following improvements from the Project in perpetuity to ensure that the stabilization objective of this Project is met: launchable toe (Station 0+00 to 8+50), West Floodplain Trench (Station 0+00 to Station 1+59), and Toe Wood. Minimum maintenance includes watering when needed during the first two years and removing all invasive and exotic species that encroach on the Project as discovered. C) LMRWD agrees to the terms of installation, maintenance and monitoring outlined in the approved Project proposal. Construction of the Project will be in accordance with good engineering practices and generally accepted guidelines for Best Management Practices. Acceptable guidelines include Local Water Plan Standards, Rules and Regulations, and the MPCA guidelines within its "Minnesota Stormwater Manual". D) LMRWD will allow City access to the Project area at all times for construction, maintenance, evaluation and monitoring of the Project during installation and after completion. E) LMRWD is responsible to bid, construct, and maintain the Project. The District shall secure all necessary permits for the project. F) LMRWD will submit to City Staff proof of Project expenditures and proof of Project completion. G) LMRWD Staff will monitor the Project periodically to evaluate short- and long-term performance. Data collected as a result of this monitoring effort will be made available to both the City and to the general public. III. CITY RESPONSIBILITIES A) The City is responsible for maintaining its storm sewer outfall and East Floodplain Trench (Station 0+00 to 1+61) in perpetuity to ensure that the stabilization objective of this Project is met. Minimum maintenance includes watering when needed during the first two years and removing all invasive and exotic species that encroach on the Project as discovered. B) The City is responsible for inspecting its storm sewer outfall in accordance with its MS4 Inspection program. C) City assumes no liability for injury or damage, other than that caused by its own negligence, in the Project area. D) The City is financially responsible to provide to LMRWD a cost share in the amount of $400,000. E) Upon LMRWD and City acceptance of the Project's completion or after Final Inspection, whichever is later, City will release 100 per cent of its cost share amount to LMRWD as described previously. Final inspection will include verification of specified items and connections. IV. MISCELLANEOUS: A) This Agreement may only be amended by mutual consent of City and LMRWD. B) Nothing contained in this Agreement is intended or shall be construed in any manner as creating or establishing a partnership, joint venture, or agency relationship between parties. C) City and LMRWD enter this Agreement solely for the purposes of improving the ecological health and condition of the Minnesota River in Eden Prairie and downstream receiving waters. Accordingly, with respect to any and all activity undertaken pursuant to this Agreement, Eden Prairie and LMRWD each agree to hold each other harmless, and defend and indemnify the other, its officers, employees and agents from and against any and all liability, loss, claim, damage or expense (including reasonable attorney fees, costs and disbursements) that an indemnified party may incur as a result of the Project due to any negligent or willful act or omission by the breach of any specific contractual duty. Notwithstanding the foregoing or any other provision of this A paragraph will survive the termination of the Agreement. Under no circumstances s on liability established in Minnesota Statutes Chapter 466. D) This Agreement shall be binding upon and inure to the benefit of City and LMRWD, and their respective successors and assigns: provided, however, that neither party may assign this Agreement without the prior written consent of the other. Any modification, alteration, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when mutually agreed upon in writing by both parties. E)This Agreement will be effective as of the date of all signatures required below have been provided. The date of the last signature will be the date of this Agreement and will be inserted in the first paragraph on page 1. F) It is understood and agreed that the City's liability shall be limited by the provisions of Minn. Stat. Chap. 466 and/or other applicable law. G) Subject to the requirements of Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the parties agree that the County of Hennepin; the State Auditor, the Legislative Auditor or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc. which are pertinent to the accounting practices and procedures of the parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. H)The City and LMRWD each are subject to and must comply with the Minnesota Data Practices Act, Minnesota Statutes chapter 13, as it applies to data exchanged under this Agreement and all data created, collected, received, stored, used, maintained, or disseminated by the Parties under this Agreement. If a party receives a request for disclosure of non-public information of the other party, it will notify the other party and permit the other party to take the lead role in determining an appropriate response to the request. CITY OF EDEN PRAIRIE _______________________________ By: Ronald A. Case, Mayor Date: ______________________________ _______________________________ By: Rick Getschow, City Manager Date: ______________________________ LOWER MINNESOTA RIVER WATERSHED DISTRICT _______________________________ By: _____________________, President Date: ______________________________ Approved as to form & execution: _____________________________ District counsel City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.M. Department: Public Works/Utilities Division – Joe Dusek ITEM DESCRIPTION Bids were opened on November 5, 2025, for the 2026 supply of Water Treatment Chemicals. Attached is a bid tabulation sheet indicating the prices received for each chemical and a table recommending each low-bidder for award of contract at the price indicated. REQUESTED ACTION Award contracts for 26-6253.1, Water Treatment Chemicals for 2026, as indicated in the attached recommendation of award. SUMMARY The water treatment chemicals are essential for the production of potable water and the amounts used will be dictated by the city’s water consumption. Actual quantities used will vary, depending upon the 2026 weather. Drier years result in more lawn and garden watering, requiring substantially more chemicals to treat the larger volume of water produced. The quantities of chemicals and the subsequent annual bid values are based only upon estimates of total water production. Staff recommends acceptance of low bid for each of the required chemicals. ATTACHMENT Attachments • Recommendation of Award • Bid Summary • Contracts 26-6253.1/ Recommendation of Award” RECOMMENDATION OF AWARD EDEN PRAIRIE UTILITIES ANNUAL WATER TREATMENT CHEMICALS 26-6253.1 2026 Water Treatment Chemicals 1 Quicklime Graymont Superior,WI 1-888-638-1714 $329.00/Ton 2 Liquid Ferric Chloride (35% solution) Hawkins, Inc. Minneapolis, MN 612-331-6910 $2.407/Gallon 3 Liquid Chlorine (1 ton shipments) Hawkins, Inc. Minneapolis, MN 612-331-6910 $2280.00/Ton 4 Liquid Carbon Dioxide Poet Ethanol Products Scotland, SD 316-303-3871 1-800-550-4070 $500.00/Ton 5 Sodium Polyphosphate Hawkins, Inc. Minneapolis, MN 612-331-6910 $11.87/Gallon 6 Fluorosilicic Acid Hawkins, Inc. Minneapolis, MN 612-331-6910 $5.79/Gallon Bid Tab for 2026 Water Treatment Chemicals 26-6253.1 Award Summary 2026 *Indicates Low Bid BIDDERS Quicklime Liquid Ferric Chloride Liquid Chlorine 1 ton loads Liquid Carbon Dioxide Sodium Poly-phosphate Fluorosilicic Acid Graymont *$329.00 Carmeuse Lime $633.45 Hawkins Chemical *$2.407 *$2280.00 *$11.87 *$5.79 Poet *$500.00 Shannon Chemical $17.17 CONTRACT AGREEMENT WATER TREATMENT CHEMICALS THIS CONTRACT AGREEMENT, made and executed this 2nd day of December 2025, by and between City of Eden Prairie hereinafter referred to as the “CITY”, and Graymont (WI), LLC, a Wisconsin limited liability company, hereinafter referred to as the “SUPPLIER”, WITNESSETH: CITY AND SUPPLIER, for the consideration hereinafter stated, agrees as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Specifications and Proposal prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: IMPROVEMENT CONTRACT #26-6253.1 2026 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form submitted by SUPPLIER and accepted by CITY, which is on file in the office of the Water Treatment Plant Supervisor. The unit price of $329.00 for the amount to be determined of Quicklime shall be paid to SUPPLIER. III. Payments to SUPPLIER by CITY shall be made within 30 days after CITY’s approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Notice to Suppliers – Improvement Contract #26-6253.1 (2) Specifications and Proposal for Improvement Contract # 26-2653.1 2026 Water Treatment Chemicals, including any addenda issued by the CITY (3) SUPPLIER’s Proposal Form submitted on Wednesday, November 5, 2025. (4) This Agreement (5) City General Terms and Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees that the unit bid prices for those items awarded shall remain in effect until December 31, 2026 or as otherwise specified in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties to this Agreement have executed this instrument as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager SUPPLIER ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CONTRACT AGREEMENT WATER TREATMENT CHEMICALS THIS CONTRACT AGREEMENT, made and executed this 2nd day of December 2025, by and between City of Eden Prairie hereinafter referred to as the “CITY”, and Hawkins INC, hereinafter referred to as the “SUPPLIER”, WITNESSETH: CITY AND SUPPLIER, for the consideration hereinafter stated, agrees as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Specifications and Proposal prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: IMPROVEMENT CONTRACT #26-6253.1 2026 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form submitted by SUPPLIER and accepted by CITY, which is on file in the office of the Water Treatment Plant Supervisor. The unit price of $11.87/Gallon for the amount to be determined of Sodium Polyphosphate shall be paid to SUPPLIER. III. Payments to SUPPLIER by CITY shall be made within 30 days after CITY’s approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Notice to Suppliers – Improvement Contract #26-6253.1 (2) Specifications and Proposal for Improvement Contract # 26-2653.1 2026 Water Treatment Chemicals, including any addenda issued by the CITY (3) SUPPLIER’s Proposal Form submitted on Wednesday, November 5, 2025. (4) This Agreement (5) City General Terms and Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees that the unit bid prices for those items awarded shall remain in effect until December 31, 2026 or as otherwise specified in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties to this Agreement have executed this instrument as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager SUPPLIER ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CONTRACT AGREEMENT WATER TREATMENT CHEMICALS THIS CONTRACT AGREEMENT, made and executed this 2nd day of December 2025, by and between City of Eden Prairie hereinafter referred to as the “CITY”, and Ethanol Products, LLC, DBA, POET Ethanol Products, a Kansas limited liability company, hereinafter referred to as the “SUPPLIER”, WITNESSETH: CITY AND SUPPLIER, for the consideration hereinafter stated, agrees as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Specifications and Proposal prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: IMPROVEMENT CONTRACT #26-6253.1 2026 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form submitted by SUPPLIER and accepted by CITY, which is on file in the office of the Water Treatment Plant Supervisor. The unit price of $500.00 for the amount to be determined of Liquid Carbon Dioxide shall be paid to SUPPLIER. III. Payments to SUPPLIER by CITY shall be made within 30 days after CITY’s approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Notice to Suppliers – Improvement Contract #26-6253.1 (2) Specifications and Proposal for Improvement Contract # 26-2653.1 2026 Water Treatment Chemicals, including any addenda issued by the CITY (3) SUPPLIER’s Proposal Form submitted on Wednesday, November 5, 2025. (4) This Agreement (5) City General Terms and Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees that the unit bid prices for those items awarded shall remain in effect until December 31, 2026 or as otherwise specified in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties to this Agreement have executed this instrument as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager SUPPLIER ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CONTRACT AGREEMENT WATER TREATMENT CHEMICALS THIS CONTRACT AGREEMENT, made and executed this 2nd day of December 2025, by and between City of Eden Prairie hereinafter referred to as the “CITY”, and Hawkins INC., hereinafter referred to as the “SUPPLIER”, WITNESSETH: CITY AND SUPPLIER, for the consideration hereinafter stated, agrees as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Specifications and Proposal prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: IMPROVEMENT CONTRACT #26-6253.1 2026 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form submitted by SUPPLIER and accepted by CITY, which is on file in the office of the Water Treatment Plant Supervisor. The unit price of $2280.00/Ton for the amount to be determined of Liquid Chlorine shall be paid to SUPPLIER. III. Payments to SUPPLIER by CITY shall be made within 30 days after CITY’s approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Notice to Suppliers – Improvement Contract #26-6253.1 (2) Specifications and Proposal for Improvement Contract # 26-2653.1 2026 Water Treatment Chemicals, including any addenda issued by the CITY (3) SUPPLIER’s Proposal Form submitted on Wednesday, November 5, 2025. (4) This Agreement (5) City General Terms and Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees that the unit bid prices for those items awarded shall remain in effect until December 31, 2026 or as otherwise specified in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties to this Agreement have executed this instrument as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager SUPPLIER ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CONTRACT AGREEMENT WATER TREATMENT CHEMICALS THIS CONTRACT AGREEMENT, made and executed this 2nd day of December 2025, by and between City of Eden Prairie hereinafter referred to as the “CITY”, and Hawkins INC., hereinafter referred to as the “SUPPLIER”, WITNESSETH: CITY AND SUPPLIER, for the consideration hereinafter stated, agrees as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Specifications and Proposal prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: IMPROVEMENT CONTRACT #26-6253.1 2026 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form submitted by SUPPLIER and accepted by CITY, which is on file in the office of the Water Treatment Plant Supervisor. The unit price of $2.407/Gallon for the amount to be determined of Liquid Ferric Chloride shall be paid to SUPPLIER. III. Payments to SUPPLIER by CITY shall be made within 30 days after CITY’s approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Notice to Suppliers – Improvement Contract #26-6253.1 (2) Specifications and Proposal for Improvement Contract # 26-2653.1 2026 Water Treatment Chemicals, including any addenda issued by the CITY (3) SUPPLIER’s Proposal Form submitted on Wednesday, November 5, 2025. (4) This Agreement (5) City General Terms and Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees that the unit bid prices for those items awarded shall remain in effect until December 31, 2026 or as otherwise specified in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties to this Agreement have executed this instrument as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager SUPPLIER ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title CONTRACT AGREEMENT WATER TREATMENT CHEMICALS THIS CONTRACT AGREEMENT, made and executed this 2nd day of December 2025, by and between City of Eden Prairie hereinafter referred to as the “CITY”, and Hawkins INC., hereinafter referred to as the “SUPPLIER”, WITNESSETH: CITY AND SUPPLIER, for the consideration hereinafter stated, agrees as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Specifications and Proposal prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: IMPROVEMENT CONTRACT #26-6253.1 2026 WATER TREATMENT CHEMICALS SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form submitted by SUPPLIER and accepted by CITY, which is on file in the office of the Water Treatment Plant Supervisor. The unit price of $5.79/Gallon for the amount to be determined of Fluorosilic Acid shall be paid to SUPPLIER. III. Payments to SUPPLIER by CITY shall be made within 30 days after CITY’s approval of invoice. IV. The Contract Documents consist of the following component parts: (1) Notice to Suppliers – Improvement Contract #26-6253.1 (2) Specifications and Proposal for Improvement Contract # 26-2653.1 2026 Water Treatment Chemicals, including any addenda issued by the CITY (3) SUPPLIER’s Proposal Form submitted on Wednesday, November 5, 2025. (4) This Agreement (5) City General Terms and Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. SUPPLIER agrees that the unit bid prices for those items awarded shall remain in effect until December 31, 2026 or as otherwise specified in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties to this Agreement have executed this instrument as of the date first above written. CITY OF EDEN PRAIRIE By: _______________________________ Its: Mayor By: _______________________________ Its: City Manager SUPPLIER ______________________________ By: __________________________________ Printed Name: _________________________ Its: _______________________________ Title City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Consent Calendar Item Number: VII.N. Department: Fire Department/Fleet Services ITEM DESCRIPTION Authorize Sale of Fire Vehicles to other Fire Departments REQUESTED ACTION Move to Approve the execution of Purchase Agreements and Bills of Sale with the City of Norwood Young America and the West Suburban Fire District. SUMMARY The Fire Department has recently replaced one Chevrolet Tahoe and two Ford Explorer fire vehicles. The old vehicles, each with an estimated value of $31,000, $17,000, and $16,000 respectively will be disposed of in accordance with City Code § 2.86, Subdivision 3.B and Minn. Stat. § 471.85. The vehicles will be sold to the City of Norwood Young America for $31,000 and to the West Suburban Fire District for $33,000. The sale of used equipment helps fund the purchase of new equipment. These vehicles will be utilized by the other fire department to provide effective emergency services delivery. The vehicles will be sold to the other fire departments “as is” with no representations or warranties as to condition. Staff recommends approval of the attached Purchase Agreements and Bills of Sale to accomplish the sales. ATTACHMENTS Purchase Agreements Bills of Sale City Council Agenda Cover Memo Date: Section: Dec. 2, 2025 Public Hearings/Meetings Item Number: VIII.A. Department: Rick Getschow, City Manager, Administration ITEM DESCRIPTION Resolution certifying the 2026 property tax levy, adopting the 2026 budget, and approving the 2026 HRA tax levy REQUESTED ACTION Move to: •Close the Public Hearing; and •Adopt a resolution certifying the 2026 property tax levy to be $52,844,814; and •Approve the 2026 budget of $66,847,061 as reviewed by the Council; and •Approve the HRA tax levy and budget of $230,000. SUMMARY On September 2, 2025, the Eden Prairie City Council adopted a resolution certifying the proposed 2026 City budget and property tax levy. Calculations for the City showed the budget to be $66,847,061 and the certified levy to be $52,844,814 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($2,725,032) is $50,119,782. The 2026 proposed budget maintains City services with a budget increase of 6.6% in the general fund and a total budget increase of 6.5% which includes the debt service payments. The tax levy is budgeted to increase 5.6%. According to state statute, the final levy amount must be certified to the county auditor by December 29, 2025. City Council adoption of the final levy and budget will complete this process. ATTACHMENTS Resolution Budget Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION CERTIFYING THE 2026 TAX LEVY AND ADOPTING THE 2026 BUDGET WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 2026 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the taxable property in said City for the following purposes: Taxes to be Levied Against Tax Capacity General Fund 49,949,571$ Bonds and Interest 2021A Tax Abatement Bonds - 2025A Capital Improvement Bonds 1,995,243 Tax Capacity Levy for Certification 51,944,814 Less Fiscal Disparities Distribution 2,725,032 Net Tax Collectible 49,219,782 Tax Abatement 900,000 Total Net Tax Collectible 50,119,782$ Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 2). BE IT FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2026 Budget totaling $66,847,061. BE IT FURTHER RESOLVED that the council consents and approves the 2026 HRA tax levy of $230,000. ADOPTED by the Eden Prairie City Council this 2nd day of December 2025. ________________________ Ronald A. Case, Mayor ATTEST: _____________________________ David Teigland, City Clerk CITY OF EDEN PRAIRIE NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIESLEVIED YEAR 2025, COLLECTED YEAR 2026EXHIBIT 2 Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of other repayment sources. Date of Amount of Required Levy Actual LevyOUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2025/2026 2025/2026 G.O. Tax Abatement Bonds 2021A 12/08/21 $11,940,000 $1,098,405 $900,000 G.O. Capital Improvement Bonds 2025A 03/12/25 $24,760,000 $1,995,243 $1,995,243 GRAND TOTAL $3,093,648 $2,895,243 City of Eden Prairie 12/02/2025 2026/2027 PROPOSED BUDGET 1 TABLE OF CONTENTS Table of Contents ....................................................................................................................................... 1 Budget Overview ........................................................................................................................................ 2 City Survey ................................................................................................................................................... 4 Tax Base ....................................................................................................................................................... 5 Tax Levy and Budget .................................................................................................................................. 8 Debt Levy ..................................................................................................................................................... 8 Capital Levy ................................................................................................................................................ 9 General Fund Revenue Budget .............................................................................................................. 10 General Fund Expenditure Budget ......................................................................................................... 13 Housing and Redevelopment Authority (HRA) ..................................................................................... 17 Conclusion ................................................................................................................................................. 18 2 BUDGET OVERVIEW The 2026/2027 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise to the community to fulfill the mission and vision of Eden Prairie and continue making Eden Prairie a great place to live, work and dream. The City Council’s 2026/2027 budget objectives include the following: Achieve City Goals • Community Well-being & Safety • High Quality Efficient Services • Preserved & Beautiful Environment • Sense of Community • Innovative & Sustainable Practices • Economic Vitality Provide Value to Citizens • Maintain High Quality City Services • Reasonable Tax Impacts Maintain Strong Financial Position and Bond Rating • Approve a Balanced Budget • Maintain Fund Balance Policies • Conservative Estimates of Revenues and Expenditures • Review fees and charges annually, at a minimum adjust for inflation • Comprehensive and Long-Range Capital Planning Sustain Current Levels of Employee Morale and Engagement • Provide pay and benefits that are competitive and consistent with public and private sector trends • Provide diverse, enriched training, professional development and wellness initiatives to build the skills of future leaders 3 The City Council is emphasizing the following areas to achieve City Goals for this budget cycle: o Administration  2026 Elections o Community Development  Update to comprehensive plan based on revised growth projections and Met Council requirements  Housing Policies and Programs o Police  Maintain staffing, enhance recruitment and training o Fire  Hiring of full-time fire fighters based on the Standard of Cover Study conducted in 2024 o Public Works  Sustainability Initiatives o Parks  Expand contract with Institution/Community Work Crew (ICWC) These goals and the related costs are interwoven in various sections of the budget. Many times the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in February with a review of City Council goals and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: Internal Budget Process • 2024 – Complete City-Wide work plans • March/April - Internal service fund budgets prepared by managers • April 17 - Budget kick-off meeting • May 23 - Staff budget preparation work due • May/June - Departmental budget meetings held • City Manager, Directors, and Finance prepare for City Council Workshop 4 Council Process • February 18 – City Council Discussion on Priorities • April 15 – City Council Workshop on the Community Survey • May 6 – City Council Workshop o Council accepts 2024 financial results • July 15 - City Council Budget Workshop • September 2 - Council adopts a preliminary tax levy and budget • November 18 – City Council Workshop on Enterprise Funds • December 2 - Public Meeting and Council adopts final tax levy and budget CITY SURVEY The 2024 Quality of Life Survey provided residents with the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality-of-service delivery and overall workings of local government. The survey also permitted residents to provide feedback to the government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings Eden Prairie continues to be a highly desirable place to live. • Eden Prairie residents continue to rate their quality of life highly, with 90% awarding excellent or good marks in 2024, which is higher than national and regional peer benchmarks and similar to the state benchmarks. Eden Prairie’s customer service is viewed positively. • Nearly two-thirds of respondents indicated they had contacted a City service department in the last 12 months. • Of the respondents that had contact with the City, about 9 in 10 were pleased with all aspects of the interaction. Impressions of City employees were on par with national, regional, and Minnesota benchmarks. 5 City services continue to be highly rated. • In 2024, about 9 out of 10 rated Eden Prairie services as excellent or good, a rating on par with previous years and ranks higher than national, regional and Minnesota comparisons. • Approximately two-thirds of the respondents felt they received excellent or good value for City services considering the property tax paid. This rating ranks higher than the national benchmark and is similar to Minnesota and regional communities. Awareness of sustainability strategies has increased since 2023. • At least three-fourths of residents are somewhat familiar with composting food scraps, switching from gasoline-powered vehicles to electric vehicles, and replacing/improving mechanical equipment to reduce energy consumption. • 7 in 10 respondents were familiar with completing a home energy audit. The survey provides valuable input and demonstrates evidence of overall satisfaction with City services. TAX BASE The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. Below is a history of the City’s market value of all residential and commercial properties. 6 The current estimated market value for taxes payable in 2026 is a market value increase to $14.7 billion, which is a 1.39% increase over 2025. The table below shows the history of adjusted net tax capacity, certified tax levy and the City tax rate since 2022. Below summarizes the City’s tax impact for residential, apartment, and commercial properties based on current information from the County. Staff has calculated that a $460,000 change in the tax levy will impact the median value home by 1% or $17. Percent Property Type 2024/2025 2025/2026 Difference Change Residential ($558,800)1,723$ 1,865$ 142$ 8.24% Apartment ($18M)72,795$ 73,206$ 411$ 0.56% Commercial ($3.8M)15,205$ 14,663$ (542)$ (3.56%) 7 Below summarizes the total tax impact by taxing authority for the median value home. One of the goals of the budget is to continue to improve Eden Prairie’s relative position in fiscal comparisons with comparable cities. Eden Prairie is in the lower half of taxes paid for the single value home when compared to other Hennepin County cities with a population of 10,000 or more. Percent Entity 2025 2026 Difference Change Hennepin County 2,057$ 2,248$ 191$ 9.3% City of Eden Prairie 1,723 1,865 142 8.2% School District 2,315 2,474 159 6.9% Metro Spec Tax District 112 116 4 3.6% Other Districts 399 409 10 2.5% Total 6,606$ 7,112$ 506$ 7.7% 8 TAX LEVY AND BUDGET Below summarizes the proposed total tax levy and budget. Tax Levy Budget DEBT LEVY For 2026 and 2027 debt payments supported by the tax levy are projected to remain 4% to 5% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their highest rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s wealthy residential tax base, strong management, a robust financial profile and modest leverage due to limiting future borrowing plans. 2025 2026 Percent 2027 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund 47,177,624$ 49,949,571$ 2,771,947$ 5.9% 52,609,467$ 2,659,896$ 5.3% Capital Improvement/Maintenance 400,000 - (400,000) (100.0%) 400,000 400,000 0.0% Total Levy Subject to Levy Limits 47,577,624 49,949,571 2,371,947 5.0%53,009,467 3,059,896 6.1% Debt Service Tax Capacity 1,701,316 2,895,243 1,193,927 70.2%2,997,605 102,362 3.5% Debt Service Market Value 700,000 - (700,000) (100.0%)- - 0.0% Total Debt Levy 2,401,316 2,895,243 493,927 20.6% 2,997,605 102,362 3.5% Total Tax Levy - Per the County 49,978,940 52,844,814 2,865,874 5.7%56,007,072 3,162,258 6.0% Fiscal Disparity Distribution (2,534,793) (2,725,032) (190,239) 7.5%(2,725,032) - 0.0% Adjusted Levy 47,444,147$ 50,119,782$ 2,675,635$ 5.6%53,282,040$ 3,162,258$ 6.3% 2025 2026 Percent 2027 Percent Fund Adopted Proposed Difference Change Proposed Difference Change General Fund $59,977,548 $63,951,818 $3,974,270 6.6%$66,757,736 $2,805,918 4.4% Debt 2,401,316 2,895,243 493,927 20.6% 2,997,605 102,362 3.5% Capital Levy 400,000 - (400,000) (100.0%) 400,000 400,000 0.0% Total City Budget $62,778,864 $66,847,061 $4,068,197 6.5%$70,155,341 $3,308,280 4.9% 9 For 2026 and 2027, the total debt levy is $2,895,243 and $2,997,605 respectively. On February 18, 2025, the City issued $24,760,000 of G.O. Capital Improvement Bonds, Series 2025A. The bonds bear interest at a rate of 4.0%-5%, with maturity in 2046. The proceeds will be used for the Police Remodel. The City currently has two bonds that are supported by the debt levy. These include the Aquatics expansion at the Community Center and the newly issued debt for the Police remodel. Below summarizes the detail of the 2026/2027 debt levy. CAPITAL LEVY The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks – parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. Based on positive operating results over the past few years, the City does not anticipate levying an amount in 2026. In previous years, the levy amount has been $400,000 annually. 2025 2026 Percent 2027 Percent Debt Levy Adopted Proposed Difference Change Proposed Difference Change Debt Levy on Tax Capacity 2021 Refunded Tax Abatement 1,338,105$ 900,000$ (438,105)$ (32.7%) 1,000,000$ 100,000$ 11.1% 2020A Refunding Bonds (SouthWest Fire Station)363,211 - (363,211) (100.0%)- - - 2025A Capital Improv. Bonds (Police Remodel)- 1,995,243 1,995,243 - 1,997,605 2,362 0.1% Sub-total 1,701,316 2,895,243 1,193,927 70.2% 2,997,605 102,362 3.5% Debt Levy on M arket Value 2020A Refunding Bonds (Parks Referendum)700,000 - (700,000) (100.0%)- - - Sub-total 700,000 - (700,000) (100.0%)- - - Total 2,401,316$ 2,895,243$ 493,927$ 20.6% 2,997,605$ 102,362$ 3.5% 10 GENERAL FUND REVENUE BUDGET Below summarizes the 2026/2027 proposed General Fund Revenue Budget. Property tax revenue is the single largest source of revenue, and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 76.6% of the General Fund budget. The tax levy in the proposed budget is increasing 5.9% and 5.3% respectively for 2026 and 2027. Charges for services is the second largest revenue source and accounts for 10.2% of the General Fund Budget. Charges for services are increasing $446,170 or 7.3% in 2026 and $137,690 or 2.1% in 2027. The increase is due to expected improved performance at the Community Center as it continues to rebound from the impacts of COVID. The increase also includes a membership fee increase of 10% in 2026. Licenses and permits revenue is the third largest revenue source to the General Fund and accounts for 6.8% of the General Fund revenues. Licenses and permits is increasing $173,713 or 4.2% for 2026 and remains relatively flat for 2027. Significant items to note include the following: • Building permit and fees revenue for 2026 is budgeted to increase to $2,756,700 which is $156,025 or 6% more than 2025. This budget was held flat for 2027 as we budget a higher increase every other year. Building permit fees were not increased for 2026 and 2027 but we were able to increase the budget due to conservative budgeting in the past. The below history shows actual amounts to 2024 and then budgeted amounts to 2027. 2025 2026 Percent 2027 Percent Adopted Proposed Difference Change Proposed Difference Change Taxes 46,264,072$ 48,990,580$ 2,726,508$ 5.9% 51,597,278$ 2,606,698$ 5.3% Licenses and Permits 4,159,200 4,332,913 173,713 4.2% 4,330,750 (2,163) (0.0%) Intergovernmental Revenue 1,885,585 2,583,221 697,636 37.0% 2,488,405 (94,816) (3.7%) Charges for Services 6,089,637 6,535,807 446,170 7.3% 6,673,497 137,690 2.1% Fines and Forefeits 350,000 425,000 75,000 21.4% 425,000 - 0.0% Investment Income 50,000 372,600 322,600 645.2% 500,000 127,400 34.2% Other Revenue 158,325 203,625 45,300 28.6% 207,375 3,750 1.8% Transfers 470,729 508,072 37,343 7.9% 535,431 27,359 5.4% Total 59,427,548$ 63,951,818$ 4,524,270$ 7.6% 66,757,736$ 2,805,918$ 4.4% 11 • Cable TV is decreasing by $41,000 in 2026 and remaining flat for 2027. As you can see from the graph, cable revenue continues to drop year over year. Intergovernmental revenue (IGR) sources includes Federal and State grants, State aid, School Liaison, and other local grants. For 2026, IGR is increasing to $2,583,221 which is an increase of $697,636 or 37%. The increase is primarily due to bringing budgeted 12 amounts in line with prior year actual amounts. The largest increases are for Police and Fire Pension aid, which is received in the last quarter of the year, and grants. The Police Pension aid was increased from $650,000 to $950,000 and Fire Relief Association aid was increased from $550,000 to $700,000. Since this aid is not received until the last quarter of the year, the average increase of the last four years was used to anticipate the 2025 amount and then to budget for the 2026 amount. For 2027 the aid was kept flat. The grant line item was increased from $200,000 to $350,000, also to bring this line item in line with actual amounts. IGR revenue also includes the School District’s share of the cost of the School Resource Officer’s (SRO) wages and benefits. These costs are split 50/50 with the city, which is consistent with our surrounding peers. Currently, there are 4.5 SROs for the 2025-2026 school year. Below is a history of the IGR revenue (without COVID money in 2020-2022). The below history shows actual amounts to 2024 and then budgeted amounts to 2027. Other revenues that the General Fund receives consists of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make-up 2.4% of General Fund Revenues. 13 GENERAL FUND EXPENDITURE BUDGET Expenditures are proposed to increase 6.6% in 2026 and 4.4% in 2027. The following graph shows budget changes by category: Since the City provides significant services to the community, wages and benefits make up 68.9% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, and electricity. These items make up another 18.3% of the budget. All other items make up 12.8% of the budget. The chart below illustrates the budget by category. 2025 2026 Percent 2027 Percent Adopted Proposed Difference Change Proposed Difference Change Administration 5,356,825$ 5,696,169$ 339,344$ 6.3% 5,834,924$ 138,755$ 2.4% Community Development 2,828,732 2,839,407 10,675 0.4% 2,996,794 157,387 5.5% Police 20,500,197 22,882,295 2,382,098 11.6% 23,656,754 774,459 3.4% Fire 8,148,999 9,052,459 903,460 11.1% 9,891,070 838,611 9.3% Public Works 7,051,708 6,791,674 (260,034) (3.7%) 7,077,795 286,121 4.2% Parks and Recreation 16,091,087 16,689,814 598,727 3.7% 17,300,399 610,585 3.7% 59,977,548 63,951,818 3,974,270 6.6% 66,757,736 2,805,918 4.4% 14 Below provides information on the significant items in the budget. Full-Time Wages With a staff of 241 full-time employees in the general and internal service funds, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are proposed to increase 6.1% in 2026 and 6.4% in 2027. This includes a 3% base increase and step increases. Through staff turnover, the City usually sees budget reduction as new staff are often hired at a lower rate. However, new employees earn step increases and performance pay until they reach the target rate for their position, which then adds additional increases to the budget. The city also anticipates hiring additional career firefighters based on the Fire Study mentioned below. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 3% wage increase in 2026. This proposal is in line with our peer cities and the private sector. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages – Part time Wages part-time are increasing $93,845 or 3.1% in 2026 and decreasing $50,915 or 1.6% in 2027. For 2027, the election budget decreased as it is a non-election year. The 2027 budget also includes an increase of $15,000 in part time wages for a summer intern in the Planning department. Duty Crew Duty Crew wages for 2026 are $1,226,720 which is $35,730 or 3% more than 2025 and for 2027 are $1,263,522 which is $36,802 or 3% more than 2026. 15 Duty Crew firefighters continue to provide excellent service to our City. However, there continues to be a gap in hours that our Duty Crew firefighters are able to cover in order to maintain high quality services. All Duty Crew firefighters have other full-time or part-time jobs, and their time availability has changed in recent years. In 2024 a Standard of Cover Study was conducted. The study provided an evaluation of the fire department service delivery and also provided recommendations on what is needed to maintain high quality service delivery today and in future years. The study also evaluated current service delivery, fire station locations, changing city demographics, all-hazard response needs, and changing city operations/services. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2024, membership includes 94 active participants, 104 retirees and beneficiaries currently receiving benefits, and 19 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. An updated actuarial was completed for 2024 and 2025 which resulted in a required contribution (City and State) of $444,776. An updated actuarial will be performed in March 2026 to determine the 2026 and 2027 contribution requirements. It is estimated that the City will receive $700,000 of Fire Relief Pension Aid from the State, which offsets the required contribution. PERA The City pays public employees’ retirement (PERA) benefits for all eligible employees. Generally all full-time employees and part-time employees, who earn more than $425 in a single month, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2026. The City also pays 7.65% of the salary for FICA except for police and fire where the percentage is 1.45%. The City budgeted $4,628,384 for PERA/FICA in 2026 and $4,808,132 in 2027. Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure health insurance. State law requires that the City issue an RFP every five years. The City has signed a multiyear contract with HealthPartners for 2026 and 2027. For 2026, health insurance is budgeted at $3,726,707 which is an increase of $671,717 due to a 21% increase in premiums. For 2027, the budget is $3,847,863 which is an increase of $121,156 due to the rate cap of 16.5% 16 Workers Compensation The workers compensation user charge is decreasing from $1,667,791 in 2025 to $987,150 in 2026. This is a reduction of $680,641 or 40.8%. For the years 2020-2024 premiums have increased on average 17%. For 2025-2026, rates are finally starting to come back down and on average have decreased by 17%. Our current experience modifiation is .86 and has ranged from .55 to 1.06 since 2014. When the EMR is lower, our workers compensation costs are less due to positive claims experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. For 2027 the charge is budgeted to increase to $1,039,767. MN Paid Family and Medical Leave (PFML) Beginning January 1, 2026 the PFML program will provide job-protected, partial wage replacement to eligible employees who need time off for certain qualifying events. The program is funded by a .88% contribution split 50/50 between the employer and employee. The City’s portion is $127,918 for 2026 and $132,503 for 2027. Facilities User Charges The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charge back to the internal users for these services. Facility user charges are increasing from $6,388,783 in 2025 to $7,149,009 in 2026, which is an increase of $760,226, or 11.9%. The increase is due mainly to wages and benefits and common area maintenance (CAM) charges. The CAM increase reflects the City’s full responsibility of this charge following the departure of tenants at City Center. For 2027, charges are increasing to $7,415,146 or 3.7%. IT User Charges The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including: • General PC/Phone Systems Support; • Network Wellness (Network Hardware/Servers/Enterprise Applications); • Application Analysis, Implementation and Support and; • Technology Analysis, Recommendation and Implementation. 17 The Information Technology Division manages approximately 100 different software applications and 625 devices (desktops, laptops, iPads). IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $3,127,454 in 2025 to $3,548,658 in 2026 an 13.5% increase. The increase is attributed to planned implementation of new software and upgrades including the property information management system, police and fire software, and body cameras. For 2027, $3,756,271 is budgeted which is a 5.9% increase. Fleet Services User Charges Fleet services provide and maintain a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 270 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing from $2,965,292 in 2025 to $3,137,887 in 2026 a 5.8% increase. The Fleet Services budget increase is due mainly to ageing and increased costs for operating supplies. Repair and maintenance costs are also increasing as vehicles are being held longer than in the past. For 2027, $3,298,454 is budgeted which is a 5.1% increase. HOUSING AND REDEVELOPMENT AUTHORITY (HRA) In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources on the following: • to provide a sufficient supply of adequate, safe, and sanitary dwellings to protect the health, safety, morals, and welfare of the citizens of this state; • to clear and redevelop blighted areas; • to perform those duties according to comprehensive plans; • to remedy the shortage of housing for low- and moderate-income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. The Housing and Redevelopment Authorities (HRA) can levy a tax of up to .0185 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $2.7M. In 2006, the Council approved the HRA levy for the first time. For 2026 and 2027 the HRA levy is $230,000 and $240,000 respectively. 18 The HRA levy pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administratin of Rental Housing Licensing. Wages and benefits total $231,000 for 2026 and $243,000 for 2027. Other City resources for housing that the City anticipates collecting in 2025 are: • Tax Increment Financing, $3,600,000 • Community Development Block Grant, $250,000 to $300,000 • Local Affordable Housing Aid, $730,000 CONCLUSION This document is intended to provide information on the proposed 2026/2027 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas. City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Public Hearings Item Number: VIII.B. Department: Administration / Finance ITEM DESCRIPTION Fee Schedule Ordinance – First and Second Readings REQUESTED ACTION Move to close the public hearing and approve the first and second readings of the ordinance updating the fee schedule for administration and official controls. Adopt the resolution approving the summary for publication. SUMMARY This Ordinance establishes a fee schedule for the City’s costs in administering official controls pursuant to Minnesota Statutes Section 462.353, Subd. 4. Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred by it in reviewing, investigating, and administering an application for an amendment to an official control or other approval required under an official control. Minnesota Statute defines an “official control” as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. ATTACHMENTS Ordinance Report of Changes Summary Ordinance Resolution for Summary Publication CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 25 is amended by replacing in its entirety the “Fee Schedule for Administration of Official Controls” with the 2026 fee schedule set forth below. The following fees are prescribed for the review, investigation, and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control established pursuant to those sections: SERVICE FEE DESCRIPTION BUILDING INSPECTIONS Building Permit – Valuation* $1 to $500 $40.00 $501 to $2,000 $40.00 1st $500 plus $4.35 each add'l $100 or fraction thereof, to & including $2,000 $2,001 to $25,000 $105.25 1st $2,000 plus $19.75 each add’l $1,000 or fraction thereof, to & including $25,000 $25,001 to $50,000 $559.50 1st $25,000 plus $14.50 each add’l $1,000 or fraction thereof, to & including $50,000 $50,001 to $100,000 $922.00 1st $50,000 plus $10.10 each add’l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,427.00 1st $100,000 plus $8.10 each add’l $1,000 or fraction thereof, to & including $500,000 $500,001 to $1,000,000 $4,667.00 1st $500,000 plus $6.70 each add’l $1,000 or fraction thereof, to & including $1,000,000 $1,000,001 & up $8,017.00 1st $1,000,000 plus $5.40 each add’l $1,000 or fraction thereof *Residential building permit fees for most projects that require plan review are based on square footage valuation. During plan review, an inspector calculates the square footage of each type of area and applies value per square foot. The determined valuation is compared to the City of Eden Prairie Fee Schedule. Please see residential valuation table below. 2 Residential Valuation Table Type of Area Value/Sq Ft Single Family New Construction – Finished Areas $100.00 Townhome New Construction – Finished Areas $100.00 New Construction – Unfinished Basement $22.00 Sport Court $30.00 New Construction-Garage $22.00 Basement Finish $25.00 Remodel $48.00 Addition $100.00 Garage – Attached w/ Footings & Foundation $42.00 Garage – Detached w/ Floating Slab $42.00 Screen Porch $48.00 3-Season Porch $65.00 4-Season Porch $100.00 Decks $24.00 Decks: Replace decking and railing $12.00 SERVICE FEE DESCRIPTION Building Permit Other Inspections & Fees Plan Review 65% of the building permit fee Plan Review for Similar Plans 25% of the building permit fee Reinspection $50.00 Per hour Investigation Fee – work started w/o a permit Equal to amount of permit fee Demolishing or Razing Buildings – Commercial Building $100.00 $1,000 deposit from permit applicant Demolishing or Razing Buildings - House $100.00 $1,000 deposit from permit applicant Demolishing or Razing Buildings - Garage $50.00 $1,000 deposit from permit applicant Demolishing or Razing Buildings – Accessory Building $50.00 $1,000 deposit from permit applicant Demolishing or Razing Buildings - Interior Demo $50.00 Demolishing or Razing Buildings – Exterior Demo $50.00 Cash Park Fee Single Family Unit $6,500.00 Per unit All other residential $5,500.00 Per unit Office, Commercial, Industrial $11,500.00 Per acre 3 FIRE False Fire Alarm Fee 1st false alarm Free 2nd false alarm Free Warning letter sent 3rd false alarm $250.00 4th false alarm $500.00 5th false alarm $750.00 6th and up false alarm $900.00 Late fee for unpaid bill $25.00 Fire Code Appeal Fire Code Appeal $320.00 POLICE False Security Alarm Fee Registration Fee Free First 3 false alarms Free 4th false alarm $100.00 5th false alarm $200.00 6th and up false alarm $300.00 Late fee for unpaid bill $25.00 CONDITIONAL USE PERMITS Conditional Use Permit Fees Historic Properties $625.00 Wireless Support Structures $645.00 DEVELOPMENT Community Development Deposit 0 to 80 Acres $5,750.00 A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes, development deposit amendments, conditional use permits, and environmental assessment worksheets. Additional funds may be required if the deposit is inadequate to pay for all fees and costs incurred by the City. 81+ acres $6,250.00 Administrative Reviews, Subdivision/Combination, Lot Line Adjustments $1,000.00 Guide Plan Charge $950.00 Plus $5.00 per acre Planned Unit Development (P.U.D) Fee $1,000.00 Plus $5.00 per acre 4 Planned Unit Development Amendment $1,000.00 Plus $5.00 per acre Platting Residential-0 to 10 units $640.00 Plus $5.00 per unit Residential-11 or more $750.00 Plus $5.00 per unit Non-Residential-0 to 3 acres $640.00 Plus $25.00 per acre Non-Residential-3.1 or more acres $750.00 Plus $25.00 per acre Minor Subdivision $430.00 Administration Subdivision/Combination $230.00 Lot Line Adjustment $155.00 Site Plan Review Administrative $475.00 Site Plan Review (Planning Commission and/or City Council) Multi-Family-0 to 10 units $640.00 Plus $5.00 per unit Multi-Family-11 or more units $750.00 Plus $5.00 per unit Non-Residential-0 to 3 acres $640.00 Plus $25.00 per acre Non-Residential-3.1 or more acres $750.00 Plus $25.00 per acre Development Agreement Amendment Development Agreement Amendment $575.00 Tree Replacement Tree Replacement Fee $125.00 per caliper inch Inclusionary Housing Payment in Lieu Inclusionary Housing Payment in Lieu $150,000.00 For new multifamily for sale developments, payment in lieu fee is $150,000 per unit for 10% of total units Signs Signs $75.00 Zoning fee, building permit fee based on value also applies Charge for returning picked up signs $35.00 ZONING AMENDMENTS, VARIANCES and APPEALS Zoning Amendment $400.00 Non-Residential 0-3 acres $640.00 Plus $25.00 per acre 3.1 or more acres $750.00 Plus $25.00 per acre Residential 0-10 units $640.00 Plus $5.00 per unit 11 or more units $770.00 Plus $5.00 per unit 5 Variances and Appeals Variances Residential $520.00 Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures, and variances from all chapters of the City Code Variances Other $760.00 Includes variances associated with properties zoned office, industrial, commercial, and residential Zoning Appeals $380.00 ZONING-GENERAL Zoning Letter Preparation Fee $65.00 Fee to cover research for preparation of zoning verification letter Temporary Sales Event Fee $65.00 Plus tent fee if applicable Development Sign Fee $75.00 City cost for deploying development notification signage on a qualifying land use application ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative $625.00 Permit application for towers, antennas, or small wireless structures meeting code located on private property Letter of Intent $5,000.00 Deposit Deposit for towers and/or antennas on City property Letter of Intent $9,000.00 Deposit for legal/consultant costs Additional funds may be required if the balance in the deposit account is inadequate to pay for all the fees and costs incurred by the City Variances required for tower and/or antennas See Development Fees Site Plan Review required for tower and/or antennas See Development Fees LATE FEE Late fee 10% of unpaid balance compounded monthly Late fee for any amounts unpaid and due, unless otherwise listed in an agreement ENGINEERING Land Alteration Permit Fee 10 to 500 cubic yards $170.00 Lower permit thresholds for shoreland areas, bluffs and steep slopes 501 to 1,000 cubic yards $395.00 1,001 to 10,000 cubic yards $730.00 10,001 to 100,000 cubic yards $1,510.00 100,001 or more $3,090.00 6 *The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. Additional plan review fees $138.00* Minimum charge is one half hour. Billed when revisions occur to previously reviewed or permitted plans, including right of way permit plan review. Reinspection fee $138.00* Minimum charge is one half hour. Failed inspections require a reinspection fee. Vacations/Modifications of Public Right-of Way or Easement Application and Processing Fee: 1 to 3 parcels $850.00 Per transaction/for vacating, adjusting, or amending the City’s interest in real property, including right-of-way and easements (for items such as, but not limited to, attorney’s fees, consultation, review, notice mailing, publication of notice and recording) Application and Processing Fee: 4 or more parcels $1,350.00 Per transaction/for vacating, adjusting, or amending the City’s interest in real property, including right-of-way and easements (for items such as, but not limited to, attorney’s fees, consultation, review, notice mailing, publication of notice and recording) Engineering Land Development Services, including Plan Review, Contract Administration, and Inspection Review 5% multiplied by the total construction cost Costs include all public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to release of final plat. Not applicable to projects built by City through special assessment. Final Plat Review Residential $113.00 Per unit / Minimum $600.00 plus cost of review by special assessment. Commercial, Industrial, Office, etc $310.00 Per acre / Minimum $1,200.00 LGU Review Fee is $120 per hour. Min. Payment is $240 plus cost of review by special consultants necessary as determined by the City Manager. The deposit, or a portion thereof, will be refunded after final City Council action on the Development Application if the total sum deposited is greater than the administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. 7 LGU Deposit-Plan Review LGU Plan Review $5,500.00 A deposit agreement is required for wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews LGU Deposit – Site Review Single Family Residential $240.00 An LGU deposit agreement is required for review of wetland delineations or wetland determinations on single family residential properties. Site Review or Development Review $1,900.00 An LGU deposit agreement is required for site review and/or wetland delineation review. Floodplain Application for FEMA Letter of Map Amendment (LOMA) using LiDAR Elevation Data $75.00 Application for FEMA Letter of Map Amendment Out as Shown (LOMA-OAS) $50.00 FEMA Parcel Map with Base Flood Elevation and Lowest Adjacent Grades Free Environmental Assessment Worksheet Environmental Assessment Worksheet (E.A.W.) $660.00 Plus $10/acre Shoreland Management Ordinance Permits Temporary structure in public waters $155.00 Change in structure in public waters $155.00 Section 2. Ordinance No. 15-2024 is repealed effective January 1, 2026. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2026 for calendar year 2026. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of December 2025, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of December 2025. 8 ATTEST: ____________________________ ______________________________ David Teigland, City Clerk Ronald Case, Mayor PUBLISHED in the Sun Sailor on December __, 2025. Community Development Fees & Charges City Ordinances ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 CONDITIONAL USE PERMITS Conditional Use Permit Fees Wireless Support Structures $ 625.00 $ 645.00 3% DEVELOPMENT Community Development Deposit A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes, development agreement amendments, conditional use permits, and environmental assessment worksheets. Additional funds may be required if the deposit is inadequate to pay for all of the fees and costs incurred by the City. 0 to 80 acres $ 5,500.00 $ 5,750.00 5% 81 + acres $ 6,000.00 $ 6,250.00 4% Guide Plan Charge Guide Plan Charge Plus $5.00 per acre $ 925.00 $ 950.00 3% Planned Unit Development (P.U.D.) Fee Planned Unit Dev. (P.U.D.) Fee Plus $5.00 per acre $ 975.00 $ 1,000.00 3% Planned Unit Development Amendment Planned Unit Dev. Amendment Plus $5.00 per acre $ 975.00 $ 1,000.00 3% Platting Residential - 0 to 10 units Plus $5.00 per unit $ 620.00 $ 640.00 3% Residential - 11 or more units Plus $5.00 per unit $ 725.00 $ 750.00 3% Non-Residential 0 to 3 acres -- Plus $25.00 per acre $ 620.00 $ 640.00 3% Non-Residential 3.1 or more acres -- Plus $25.00 per acre $ 725.00 $ 750.00 3% Minor Subdivision $ 425.00 $ 430.00 1% Administrative Subdivision/Combination $ 225.00 $ 230.00 2% Lot Line Adjustment $ 150.00 $ 155.00 3% Site Plan Review (Plannng Commission and/or City Council) Multi-Family - 0 to 10 units Plus $5.00 per unit $ 620.00 $ 640.00 3% Multi-Family - 11 or more units Plus $5.00 per unit $ 730.00 $ 750.00 3% Non-Residential 0 to 3 acres -- Plus $25.00 per acre $ 620.00 $ 640.00 3% Non-Residential 3.1 or more acres -- Plus $25.00 per acre $ 730.00 $ 750.00 3% Development Agreement Amendment Development Agreement Amendment $ 560.00 $ 575.00 3% SIGNS Signs Zoning fee; Building permit fee based on value also applies $ 50.00 $ 75.00 50% ZONING AMENDMENTS, VARIANCES AND APPEALS Zoning Amendment $ 390.00 $ 400.00 3% Non-Residential 0-3 acres Plus $25.00 per acre $ 620.00 $ 640.00 3% 3.1 or more acres Plus $25.00 per acre $ 745.00 $ 750.00 1% Residential 0-10 units Plus $5.00 per unit $ 620.00 $ 640.00 3% 11 or more units Plus $5.00 per unit $ 750.00 $ 770.00 3% Community Development Fees & Charges City Ordinances ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 Variances and Appeals Variances Residential Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory structures and variances from all chapters of the City Code Variances Other Includes variances associated with properties zoned office, industrial, commercial, and residential Zoning Appeals $ 370.00 $ 380.00 3% 500.00 $ 520.00 $ 4% 740.00 $ 760.00 $ 3% ZONING - GENERAL Zoning Letter Preparation Fee Fee to cover research for preparation of zoning verification letter $ 60.00 $ 65.00 8% Temporary Sales Event Fee Plus tent fee if applicable $ 60.00 $ 65.00 8% ZONING - TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas Administrative Permit application for towers, antennas, or small wireless structures meeting code located on private property $ 600.00 $ 625.00 4% LATE FEE Late fee Late fee for any amounts unpaid and due, unless otherwise listed in an agreement 10% of unpaid balance compounded monthly - Engineering Fees & Charges City Ordinances ITEM ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 ENGINEERING Land Alteration Permit Fee 10 to 500 cubic yards Lower permit thresholds for shoreland areas, bluffs and steep slopes. $ 165.00 $ 170.00 3% 501 to 1000 cubic yards $ 385.00 $ 395.00 3% 1,001 to 10,000 cubic yards $ 710.00 $ 730.00 3% 10,001 to 100,000 cubic yards $ 1,465.00 $ 1,510.00 3% 100,001 or more $ 3,000.00 $ 3,090.00 3% **The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Additional plan review fees Minimum charge is one half hour. Billed when revisions occur to previously reviewed or permitted plans, including right of way permit plan review. Reinspection fee Minimum charge is one half hour. Failed insepctions require a reinspection fee. $ 135.00 $ 138.00 2% Vacations/Modifications of Public Right-of-Way or Easement Application and Processing Fee Per transaction / for vacating, adjusting, or amending the City's interest in real property, including right-of-way and easements (for items such as, but not limited to, attorney's fees, consultation, review, notice mailing, publication of notice, and recording) 1 to 3 parcels $ 825.00 $ 850.00 3% 4 or more parcels $ 1,335.00 $ 1,350.00 1% Final Plat Review Residential Per unit / Minimum $600 plus cost of review by special assessment. $ 110.00 $ 113.00 3% Commercial, Industrial, Office, etc. Per acre / Minimum $1,200 $ 300.00 $ 310.00 3% Environmental Assessment Worksheet Environmental Assessment Worksheet (E.A.W.) plus $10/acre $ 650.00 $ 660.00 2% Shoreland Management Ordinance Permits Temporary structure in public waters $ 150.00 $ 155.00 3% Change in structure in public waters $ 150.00 $ 155.00 3% 135.00 $ 138.00 $ 2% CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 25 BY ADOPTING THE 2026 “FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS”, REPEALING ORDINANCE NO. 15 -2024, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by replacing in its entirety the “Fee Schedule for Administration of Official Controls” for the City’s costs in administering Official Controls. As defined by Minnesota Statute, Official Controls may include zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Effective Date: This Ordinance shall take effect January 1, 2026. ATTEST: ____________________________ ______________________________ David Teigland, City Clerk Ronald Case, Mayor PUBLISHED in the Sun Sailor on December __, 2025. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2025 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2025 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 2nd day of December, 2025. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2025 is lengthy and contains charts. B. The text of summary of Ordinance No. __-2025, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2025 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on December 2, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Dec. 2, 2025 Section: Public Hearings Item Number: VIII.C. Department: Administration / Finance ITEM DESCRIPTION Adopt the 2026 fee resolution REQUESTED ACTION Move to close the public hearing and adopt the 2026 fee resolution. SUMMARY This resolution updates the fee schedule for the city’s services not covered by ordinance. ATTACHMENTS Resolution Report of Changes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NUMBER NO. 2025-___ A resolution regulating fees and charges for business licenses, permits and municipal services. The City Council of the City of Eden Prairie resolves as follows: Page Parks and Recreation Community Center Membership ........................................................................................................................ 2 Community Center Open Activities and PlayCare ...................................................................................... 3 Community Center Group Rates, Equipment Rental, and Advertising .............................................. 4 Community Center Rental .................................................................................................................................... 5 Parks and Recreation Rental ............................................................................................................................... 7 Parks and Recreation .............................................................................................................................................. 9 Parks Athletics .........................................................................................................................................................10 Cemetery ....................................................................................................................................................................11 Community Development Assessing ....................................................................................................................................................................12 Tax Increment Financing ....................................................................................................................................13 Public Works Engineering ...............................................................................................................................................................14 Utilities .......................................................................................................................................................................15 Police Police ...........................................................................................................................................................................17 Business Licenses and Fees................................................................................................................................18 Fire Fire Department .....................................................................................................................................................20 Building Inspection ...............................................................................................................................................21 Office of the City Manager Administrative .........................................................................................................................................................23 Finance .......................................................................................................................................................................24 Facilities Equipment and Room Rental ....................................................................................................... 25 Attachment A – Miscellaneous Fire Fees ......................................................................................................26 Attachment B – Priority Rental Classifications ..........................................................................................29 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 2nd day of December 2025, to be effective the 1st day of January 2026. _______________________________ Ronald Case, Mayor ATTEST: _____________________________ David Teigland, City Clerk ITEM - ACTIVITY DESCRIPTION 2026 COMMUNITY CENTER MEMBERSHIP Daily Full Use Pass (includes open gym, open skate, open swim, group fitness, fitness, and racquetball) Must be age 15 and up to use Fitness Center (12 - 14 with adult supervision) Member free Resident daily + tax 14.00$ Non Resident daily + tax 17.00$ Membership Benefits 10% discount on upfront purchase of 12 month membership Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Debits occur on 1st-3rd of every month. 1. Includes full use of fitness facility including a complimentary equipment orientation 2. Includes group fitness classes (except specialty fitness classes such as Yoga and Pilates) 3. Includes use of racquetball courts 4. Includes free open gym, skate and swim Monthly Resident Membership Rates (Live or Work in Eden Prairie) Youth (18 and under)Any child 18 years of age or younger.monthly + tax 44.00$ Adult (19 and over)Individual age 19 or older.monthly + tax 54.00$ Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 93.00$ Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address.monthly + tax 110.00$ Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 124.00$ Senior (62 and older)Any individual 62 years of age or older.monthly + tax 45.00$ Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address.monthly + tax 74.00$ Monthly Non Resident Membership Rates Youth (18 and under)Any child 18 years of age or younger.monthly + tax 62.00$ Adult (19 and over)Individual age 19 or older.monthly + tax 63.00$ Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 109.00$ Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address.monthly + tax 128.00$ Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 148.00$ Senior (62 and older)Any individual 62 years of age or older.monthly + tax 63.00$ Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address.monthly + tax 109.00$ Seasonal Short-term Membership Rates Administrative Fee is waived. One Month (Winter Break)30 consecutive days tax included 60.00$ Three Months (Summer)3 consecutive months tax included 145.00$ Four Months (Summer)4 consecutive months tax included 194.00$ Short-term Membership Rate One Month Administrative Fee is included/offered year round tax included 84.00$ Virtual Membership Monthly rate tax included 15.00$ Membership Administrative Fee Membership Admin. Fee Fee to administer a new membership tax included 30.00$ Membership Change Fee Membership Change Fee Fee to make changes to an account tax included 10.00$ Community Center Membership Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 COMMUNITY CENTER OPEN ACTIVITIES Tot Time / Play Structure Combo Members Child must be on a family membership free Non Members 7.00$ Open Skate, Open Gym, Open Swim and Lap Swim Resident and Non Resident - fee is for the use of open skate and open gym Babies up to 2 years of age free Youth 2 years of age to 18 years of age 8.00$ Adult 19 years of age or older 8.00$ Family rate Max 5 people living at same address 25.00$ Racquetball & Wallyball Members free Non-Members 9.00$ Wallyball 2 hour minimum ($30/2 hrs)30.00$ COMMUNITY CENTER PLAY CARE & PLAY STRUCTURE Play Care Play Care Hourly rate 3.00$ Punch Cards - Parent is a Member Punch Card - 20 sessions 55.00$ Punch Card - Parent is a Nonmember Punch Card - 20 sessions 75.00$ Play Structure Child on Family Membership Child must be on a family membership free Under 2 years of age Per child, per visit free 2 years of age - 15 years of age Per child, per visit 7.00$ Play Structure - Non-prime Time Half price Monday-Sunday after 1 p.m. Under 2 years of age Per child, per visit free 2 years of age - 15 years of age Per child, per visit 3.50$ Community Center Open Activities and PlayCare Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 COMMUNITY CENTER EQUIPMENT RENTAL Ice Skate Rental Skates free to Eden Prairie non-profit service organization groups Ice Skates Per pair 5.00$ COMMUNITY CENTER - GROUP RENTALS, RATES, & POLICIES Daytime Group Rentals - over 50 people Price per participant 7.00$ Daytime Group Rentals - under 50 people Flat rate per hour + lifeguard fee for pool rental 100.00$ Skate Rental Skate Rental groups of 10 or larger with purchae of ice, room, or birthday package 5.00$ Skate Rental groups smaller than 10 people free Recreation Pool Rental Fee is per hour. Two hour minimum. Pool Rental 125.00$ Birthday Parties Premiere Package 2 hours, up to 15 participants 189.00$ Swim Party Package 2 hours, up to 20 participants 300.00$ Birthday party information is available on the city website COMMUNITY CENTER ADVERTISING FEES Advertising Ice resurfacer Per side per year / 5 year term ($2,500 for both sides)1,500.00$ Score board (Rink 1)Per year / 1 year term 2,500.00$ Score board (Rink 2 & 3)Per year / 1 year term 1,500.00$ On-Ice logo Per two 4' x4' logos per year / 1 year term 2,000.00$ Dasher board Annually / 1 year term 950.00$ Community Center Group Rates, Equipment Rental, and Advertising Fees & Charges ITEM - ACTIVITY DESCRIPTION Fee 2026 Type COMMUNITY CENTER RENTALS Ice Arena Rental - Rinks 1, 2, & 3 Prime/nonprime rates are at staff discretion based on timing of the year and ice availability. School Year Ice Rates Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Ice Rates)hourly + tax 260.00$ Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Event Ice Rates)hourly + tax 305.00$ Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Non Prime Time Ice Rates)hourly + tax 195.00$ Summer Ice Rates Jun. 1 - Aug. 31 (Prime Time Ice Rates)hourly + tax 225.00$ Jun. 1 - Aug. 31 (Non Prime Time Ice Rates)hourly + tax 195.00$ Special Ice Rates - School District 272 Physical Education classes Per hour - 50% of non-prime time rate hourly 97.50$ Hockey Games Prime time event rate - personnel required to run games supplied by others.305.00$ Aquatics Center Lane Rental per lane fee hourly + tax 13.05$ Special Pool Rates - Non Prime Prime/nonprime rates are at staff discretion based on timing of the year and pool availability. per lane fee hourly + tax 9.00$ Diving Boards 1 board Per board rental fee hourly + tax 39.25$ Additional Fees Special Event Fee Per hour hourly + tax 50.00$ Non resident surcharge Daily flat rate plus tax 50.00$ Late Schedule Changes by user groups Flat Rate per occurrence plus tax 50.00$ Community Center Rental Fees & Charges ITEM - ACTIVITY DESCRIPTION Fee 2026 Type Group 1 Group 2 Group 3 COMMUNITY CENTER RENTALS See Attach B for Group Definitions Meeting Room Rentals Two hour minimum. All meeting rooms include AV and white boards, wi fi and customized room set up included. Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to requested date. Times and dates must not conflict with an existing program or activity. City programs have priority. Eden Prairie Athletic Associations receive one free meeting room use per month. Cambria Room hourly + tax 65.00$ 75.00$ 90.00$ Lounge Room EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 60.00$ 110 EP Athletic Associations receive one free meeting room use per month hourly + tax 50.00$ 60.00$ 75.00$ 112 EP Athletic Associations receive one free meeting room use per month hourly + tax 40.00$ 55.00$ 70.00$ Meeting Room 201 EP Athletic Associations receive one free meeting room use per month hourly + tax 50.00$ 60.00$ 75.00$ Meeting Room 203 EP Athletic Associations receive one free meeting room use per month hourly + tax 20.00$ 25.00$ 40.00$ Meeting Room 202 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 50.00$ Meeting Room 203 & 204 combined EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 70.00$ Meeting Room 204 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 45.00$ Other Room Rentals Gymnasium (1 court)hourly + tax 60.00$ 70.00$ 90.00$ Gymnasium (Full gym)hourly + tax 80.00$ 90.00$ 125.00$ Studio A Based on short term, non-private revenue generating group availability hourly + tax 45.00$ 45.00$ 45.00$ Studio B Based on short term, non-private revenue generating group availability hourly + tax 35.00$ 35.00$ 35.00$ Studio C Based on short term, non-private revenue generating group availability hourly + tax 40.00$ 40.00$ 40.00$ The Cage hourly + tax 45.00$ 45.00$ 45.00$ Dryland training room rental fee Eden Prairie Youth Association/School District hourly + tax 25.00$ 25.00$ 25.00$ Non Eden Prairie Youth Association/School District hourly + tax 50.00$ 50.00$ 50.00$ Other Rentals Fitness Instructors Per instructor, per hour hourly + tax 45.00$ 45.00$ 45.00$ Tours of Rental Park Facilities Per hour, 1 hour maximum hourly + tax 35.00$ 35.00$ 35.00$ Parking Permits Community Center Full year rate annual 300.00$ 300.00$ 300.00$ Community Center 50% reduction of full rate on December 1 annual 150.00$ 150.00$ 150.00$ Community Center 50% reduction of December 1 rate on March 1 annual 75.00$ 75.00$ 75.00$ Round Lake Full year rate - Round Lake annual 225.00$ 225.00$ 225.00$ Round Lake Pro Rate beginning December 1 - Round Lake annual 125.00$ 125.00$ 125.00$ Round Lake Pro Rate beginning March 1 - Round Lake annual 75.00$ 75.00$ 75.00$ Community Center Rental Fees & Charges ITEM - ACTIVITY DESCRIPTION Fee 2026 Type Group 1 Group 2 Group 3 SENIOR CENTER See Attach B for Group Definitions Senior Center Rental All meeting rooms include AV and white boards, WiFi, and customized room set up. There is a 2 hour minimum on all room rentals. Kitchen Approx. 15 people with use of appliances hourly + tax 21.00$ 26.00$ 32.00$ Community Rm/ Kitchen Two Rooms (no lounge) - hourly rental hourly + tax 54.00$ 59.00$ 65.00$ Community Rm/ Kitchen Two Rooms (no lounge) - full day rental (6-10 hours)plus tax 324.00$ 354.00$ 390.00$ Lounge Lounge only hourly + tax 31.00$ 36.00$ 44.00$ Room 200 Approx. 10-15 people hourly + tax 25.00$ 32.00$ 38.00$ Room 201 - hourly rental Approx. 55 people theater style, 35 to 40 table seating hourly + tax 47.00$ 52.00$ 61.00$ Room 201 - full day rental (6-10 hrs)Approx. 55 people theater style, 35 to 40 table seating plus tax 282.00$ 312.00$ 366.00$ Room 209 Approx. 10 to 15 hourly + tax 24.00$ 31.00$ 37.00$ Open Woodshop Daily Access Per person, does not include instruction tax included 8.00$ same for all Quarterly Access Per person, does not include instruction tax included 40.00$ same for all Annual Access Per person, does not include instruction tax included 160.00$ same for all ITEM - ACTIVITY DESCRIPTION Fee 2026 Type Group 1 Group 2 Group 3 PARK FACILITIES See Attach B for Group Definitions Park Facilities Rental Rates include one building supervisor No private group of over 300 will be allowed to reserve facilities at any park (max. at Staring Park is 150) Eden Prairie School District Programs charged only direct cost for all parks during the school day. 5k Race Fee One time fee plus tax 200.00$ same for all Crestwood Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Homeward Hills Barn 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all Homeward Hills Barn Full Day - Maximum capacity varies plus tax 250.00$ same for all Miller Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Edenvale Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Forest Hills Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Nesbitt Preserve Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Parks & Recreation Rental Fees & Charges ITEM - ACTIVITY DESCRIPTION Fee 2026 Type Group 1 Group 2 Group 3 Parks & Recreation Rental Fees & Charges Prairie View Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all Purgatory Creek Park Lambert Pavilion 1/2 Day - Maximum capacity varies plus tax 165.00$ same for all Purgatory Creek Park Lambert Pavilion Full Day - Maximum capacity varies plus tax 220.00$ same for all Riley Lake Park Pavilion 1/2 Day - Maximum capacity varies plus tax 185.00$ same for all Riley Lake Park Pavilion Full Day - Maximum capacity varies plus tax 255.00$ same for all Riley-Jacques Barn Per hour - 4 hour minimum hourly + tax 95.00$ same for all Riley-Jacques Barn Full Day - 10 hours or more plus tax 900.00$ same for all Round Lake Park Building 1/2 Day - Maximum capacity varies plus tax 190.00$ same for all Round Lake Park Building Full Day - Maximum capacity varies plus tax 260.00$ same for all Round Lake Park Building Per hour - 2 hour minimum hourly + tax 60.00$ 65.00$ 65.00$ Round Lake Pavilion 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all Round Lake Pavilion Full Day - Maximum capacity varies plus tax 245.00$ same for all Staring Lake Park Amphitheatre Per hour - 2 hour minimum hourly + tax 70.00$ same for all Audio Technician Sound Tech & Sound Equipment - 2 hour minimum hourly + tax 45.00$ same for all Staring Lake Park Building 1/2 Day - Maximum capacity varies plus tax 185.00$ same for all Staring Lake Park Building Full Day - Maximum capacity varies plus tax 255.00$ same for all Staring Lake Park Building Per hour - 2 hour minimum hourly + tax 60.00$ 65.00$ 65.00$ Staring Lake Pavilion Full Day - Add-On Only - Maximum Capacity Varies plus tax 115.00$ same for all Warming Houses - 2 hour minimum Supervision required - 2 hour minimum - Dec 15 to Mar 1 hourly + tax 35.00$ same for all Outdoor Hockey Rink Per youth, for the season tax included 8.00$ same for all ITEM - ACTIVITY DESCRIPTION 2026 OUTDOOR CENTER Rental Canoe rack spot storage Per rack spot, per season 50.00$ ART CENTER Open Studio Quarterly Access Per person, does not include instruction 80.00$ Clay Firing, Full Kiln Open studio member (not in a class)40.00$ Glass Firing, Large Middle Shelf Open studio member (not in a class)20.00$ Glass Firing, One Side Shelf (2 avail)Open studio member (not in a class)15.00$ Glass Firing, Full Kiln Open studio member (not in a class)40.00$ Birthday Party Flat Rate Limit of 15 participants 189.00$ Initial Rate, Regular Projects Up to 10 participants, ages 5+189.00$ Birthday party information is available on the city website COMMUNITY GARDEN PLOTS Live/Work in Eden Prairie Half-size 20'x20' plot - Pioneer Park only 48.00$ Small 20'x30' plot 72.00$ Medium 20'x40' plot - Pioneer Park only 96.00$ Large 20'x60' plot - Pioneer Trail only 144.00$ Senior Rental Fees (Residents 55 and older) Half-size 20'x20' plot - Pioneer Park only 38.00$ Small 20'x30' plot 57.00$ Medium 20'x40' plot - Pioneer Park only 76.00$ Large 20'x60' plot - Pioneer Trail only 115.00$ FORESTRY Administrative fee - weed/tree ordinance violations Weed ordinance violations 80.00$ Tree ordinance violations 1-5 trees 80.00$ 6-10 trees 105.00$ 11+ trees 160.00$ Flat charge for weed and tree violations is added to the current balance due to obtain the certified amount 75.00$ SNOW REMOVAL Administrative fee - snow removal ordinance violation Non compliance fee 105.00$ Flat charge is added to the current balance due to obtain the certified amount 75.00$ SPECIAL USE PERMIT Commercial/Professional Photography and Film Productions Annual professional photography permit 250.00$ Video production including commercials Per day 400.00$ Major film production and/or videography Per day 500.00$ Parks and Recreation Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 ORGANIZED ATHLETICS Tier 3 Organized Youth Athletic Associations Athlete Fee for Recognized Youth Associations Per athlete/per year 10.00$ ITEM - ACTIVITY DESCRIPTION 2026 Tier 3 Tier 4-5 Tier 6-7 Tournament Facilities See Attach B for Tier Definitions Miller Baseball Complex (Fields 1-3)Per day 375.00$ Miller Softball Complex (Fields 4-7)Per day 500.00$ Miller Soccer Complex 3 fields (Fields 9-11)Per day 375.00$ Miller Soccer Complex 5 fields (Fields 9-13)Per day 625.00$ Flying Cloud Soccer Complex Per day 625.00$ Additional Tournament Fields Per day, per field 125.00$ Soccer field set-up Per field set-up to measure, line, stripe different dimensions 170.00$ Tournament Support Services Field Maintenance Staff Per staff, per half day 162.00$ On-Site Customer Service Staff Per staff member, per hour 16.00$ Additional Portable Toilet Per unit 50.00$ ADA Accessible Toilet Per unit 150.00$ Extra Cleaning of Portable Toilets Per unit -- Monday through Friday 20.00$ Extra Cleaning of Portable Toilets Per unit -- Saturday and Sunday 30.00$ Extra Cleaning of Indoor Restrooms Per hour (two hour minimum)20.00$ NOTE: Tournament fees are dependent on the size/scope of the tournament and may be changed at the City's discretion to ensure the health and safety of the public. Adult League Play Non youth sport teams Per two hour block, no additional fees for 1 hour pre- and post- game 50.00$ Baseball/Softball Round Lake Stadium Per hour, per field 45.00$ 100.00$ Miller Softball Per hour, per field 35.00$ 75.00$ Ball Field Per hour, per field 25.00$ 55.00$ Grass Fields (Soccer, Football, Lacrosse, Cricket) Miller Grass Field Per hour, per field 25.00$ 60.00$ Grass Field Per hour, per field 20.00$ 45.00$ Soccer field set-up Measure, line, stripe to different dimensions (per field)170.00$ 170.00$ 170.00$ Sand Volleyball Sand Volleyball Court Per hour, per court 15.00$ 25.00$ ITEM - ACTIVITY DESCRIPTION 2026 Group 1 Group 2 Group 3 COMMUNITY ATHLETIC FACILITY RENTAL See Attach B for Group Definitions Community Use Basketball, Tennis, Pickleball & Volleyball Per hour, per court 15.00$ 15.00$ Grass Fields and Ball Fields Per hour, per field 20.00$ 20.00$ NOTE: Applies to Group 2 EP Businesses for single use recreational activities Parks Athletics Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 PLEASANT HILLS CEMETERY Ground Thawing: November 1 - April 1 Casket burial 250.00$ Cremation burial 150.00$ Internment Burial fees are direct cost from contractor and may adjust mid-year due to contractor price increase. Casket burial 750.00$ Weekend casket burial 900.00$ Cremation burial 550.00$ Lot 20% perpetual care, 80% maintenance Resident 1,200.00$ Non-Resident 1,600.00$ Lot Staking Staking Fee 50.00$ Columbarium Niche Row C, D, E 20% perpetual care, 80% maintenance Resident 2,500.00$ Non-Resident 3,000.00$ Niche Row A, B 20% perpetual care, 80% maintenance Resident 2,200.00$ Non-Resident 2,650.00$ Ossuary 20% perpetual care, 80% maintenance Resident 700.00$ Non-Resident 900.00$ Internment Weekday 250.00$ Weekend/Holiday 350.00$ Inscription Per time 300.00$ Veteran Medallion Per install 75.00$ EDEN PRAIRIE CEMETERY Ground Thawing: November 1 - April 1 Casket burial 250.00$ Cremation burial 150.00$ Internment Burial fees are direct cost from contractor and may adjust mid-year due to contractor price increase. Casket burial 750.00$ Weekend casket burial 900.00$ Cremation burial 550.00$ South Lot Resident 1,200.00$ Non-Resident 1,600.00$ North Lot Resident 2,000.00$ Non-Resident 3,000.00$ Lot Staking Staking Fee 50.00$ Cemetery Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 ASSESSING Data Base Copies Basic set-up Fee Prepayment required (includes $100.00 for LOGIS)300.00$ Plus media charge Actual cost Electronic copy Actual cost Paper copy Per page 0.25$ Custom Reports Basic set-up Fee Per hour minimum 40.00$ Electronic copy Actual cost Paper copy Per page 0.25$ Assessing Fees & Charges Tax Increment Financing Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 Tax Increment Financing & Tax Abatement Application Fees New TIF or Tax Abatement Project 2,200.00$ Amended TIF or Tax Abatement 2,200.00$ Tax Increment Financing & Tax Abatement Escrow Deposit A deposit agreement is required for tax increment financing and tax abatement applications and amendments. The amount of the initial deposit is the sum of the estimated City Attorney and Public Finance consultant costs. Additional funds may be required if the deposit is inadequate to pay for all of the fees and costs incurred by the City. Late Fee Late fee for any amounts unpaid and due, unless otherwise listed in an agreement 10% of unpaid balance compounded monthly ITEM - ACTIVITY DESCRIPTION 2026 ENGINEERING Street Lighting Fee For new subdivisions Charged at prevailing electric company rates. Collected for 36 months at time of final plat. Maps and Printing City maps/plat/half section, black and white-24 x 36 6.00$ City maps/plat/half section, color-24 x 36 12.00$ Cloud based transfer or flash drive 20.00$ Digital GIS Data Requests Base map data - citywide data 175.00$ Right-of-Way Permits Any right-of-way permit obtained subsequent to work done or obstructions placed in a public right-of-way will be two times the fee amount shown below Mainline utility and telecommunication installations (per 100/L.F.)85.00$ Placement of utility and telecommunication in existing conduit or aerial (per 100/L.F.)50.00$ Connection/Repair/Service or Other Excavation per each 100.00$ Obstruction Sidewalk/Trail/Roadway (Traffic control plan required) (per each)150.00$ Delay Fees per day for Arterial roadways 1,400.00$ per day for Collector roadways 650.00$ per day for residential and local roadways 150.00$ per day for restoration (pavement/turf) 75.00$ Permit extension fee 75.00$ Wetland Buffer/Conservation Easement Sign Wetland Buffer/Conservation Easement Sign 33.00$ Street Signs 9 button delineator-red Includes post & install 180.00$ 9 button delineator-red Includes breakaway post & install 205.00$ Future road extension advisory Includes 2 posts & install - 36" x 30"395.00$ Keep right symbol Includes 9 button delin-yellow, no post 210.00$ Keep right symbol Includes 9 button delin-yellow, install, post 260.00$ Keep right symbol Includes 9 button delin-yellow, install & breakaway post 290.00$ No outlet Includes post & install - 24" x 24"195.00$ No parking Includes post & install - Used for Turn-Around 215.00$ Stop sign Includes brackets, install, no post - 30" x 30"250.00$ Stop sign Includes brackets, install, with post - 30" x 30"300.00$ Street name sign Includes install with 12' post - 6" x 6"370.00$ Street name sign Includes install with 12' post - 6" x 9"400.00$ Street name sign Includes install with 12' post - 9" x 9"430.00$ Temporary street name sign Plus 15% surcharge for maintenance until permanent signs in place 240.00$ Bagging existing traffic sign(s) permit fee 75.00$ Temporary "No Parking" sign(s) permit fee 75.00$ Weight Restrictions Truck overweight/oversize permit fee Per trip 85.00$ Other Licenses Refuse & garbage collectors Annual - 1st vehicle 185.00$ Refuse & garbage collectors Annual - Each additional vehicle 50.00$ Refuse & garbage collectors Non-compliant - 1st vehicle, fee assessed monthly until compliant 370.00$ Refuse & garbage collectors Non-compliant - Each additional vehicle, fee assessed monthly until compliant 100.00$ Engineering Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 UTILITIES - USER CHARGES Penalty for billed charges: 1% per month on account not paid within 30 days of billing. RESIDENTIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 4.25$ Water (Residential) Per 1,000 gallons Tier 1 0 to 20,000 gallons 2.75$ Tier 2 20,001 to 40,000 gallons 3.90$ Tier 3 40,001 to 60,000 gallons 5.40$ Tier 4 60,001 and above 7.20$ Water All Other classes besides residential (apartments, etc)2.90$ Base Charges Per dwelling unit 49.20$ If account only has water or sewer, the fee will be half of the base charge times the number of dwelling units Storm Drainage Single-family homes/Multi-family homes Each 20.40$ Apartments Per acre rates 202.70$ Parks / open space / golf course / rail road Per acre rates 28.15$ Undeveloped land Each 67.60$ COMMERCIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 4.25$ Water Includes commercial, institutions, etc.2.90$ Base charges Per dwelling unit 19.50$ If account only has water or sewer, the fee will be half of the base charge times the number of dwelling units Storm Drainage - Commercial Industrial Per acre rates 67.60$ Commercial/office Per acre rates 86.35$ Institutions Per acre rates 76.65$ Airport/landfill Per acre rates 16.80$ Parks / open space / golf course / rail road Per acre rates 9.40$ Undeveloped land Each 22.55$ IRRIGATION Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year. Tier 1 0 to 13,000 gallons 3.90$ Tier 2 13,001-20,000 gallons 5.40$ Tier 3 20,001 and above 7.20$ UTILITIES - OTHER FEES Other Charges Unmetered residential sewer only Use charges fee per quarter per dwelling unit plus sewer base charge 75.10$ Administrative fee Flat charge is added to the current balance due to obtain the total certified amount 75.00$ Estimate read fee After 3 consecutive estimate reads and customer has not scheduled an appt. 55.00$ with the water plant, a nonrefundable monthly fee will be added Manual meter read fee Quarterly fee for customers opting out of cellular meter 25.00$ Damaged meter fee Actual cost is price of equipment plus labor to repair the meter actual cost Meter replacment non-compliance fee Quarterly fee in addition to estimated read fee. 200.00$ Non-compliance fee is fully refundable upon new meter install. Water flow test for residential meters When consumption is challenged by a customer & the meter is accurate 50.00$ Water Service Turn on/off Missed Appointment When customer fails to meet utilities at appointed time without rescheduling 50.00$ 24 hours prior. After 3rd occurrence, fee doubles. Water service turn on/off (business hours)After initial turn on, any non-emergency on/off request by a prviate property owner, 90.00$ contractor, commercial facility, government agency, or private property management service Water service turn on/off (after hours)Any after hours requests for emergency water shut offs 200.00$ Water service turn on/off (irrigation system)Any request for seasonal water turn on or turn off for irrigation systems only 45.00$ Fee is applied for each scheduled trip ($45 turn on, $45 turn off) Water softening & filtering No fee - State license required Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive 7.00$ Backflow prevention device inspection/repair permit Flat fee collected from certified backflow prevention inspectors and repair technicians 25.00$ working on behalf of the property owner for administering the annual tracking and record keeping for each device Utilities Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 Utilities Fees & Charges Fire Hydrant Use / Meter for Construction and Irrigation Permit 60.00$ Fire hydrant damage deposit Applied to the final bill 350.00$ 3" meter deposit Refundable 7,000.00$ 3" meter monthly usage fee Fee charged upon day 30 and every 30 days thereafter from hydrant meter 100.00$ pickup date. Fee will be prorated weekly after 1st month. All other meter deposits Refundable 1,500.00$ All other meter monthly usage fee Fee charged upon day 30 and every 30 days thereafter from hydrant meter 50.00$ pickup date. Fee will be prorated weekly after 1st month. Other meter fees (all sizes)Daily fee for each day after October 31st meter has not been returned 25.00$ Late fee for meter not returned by November 1st 60.00$ Daily fee for each day meter was checked out if meter is returned damaged 25.00$ or broken such that a reading cannot be observed Unauthorized hydrant fee Charge for connecting a hydrant meter to an unauthorized hydrant 300.00$ Lawn Irrigation Restrictions Surcharges for non-compliance with lawn irrigation restrictions and prohibitions First occurrence 25.00$ Second occurrence 50.00$ Third occurrence 100.00$ Fourth occurrence 200.00$ Fifth & subsequent occurrences within a three year period 300.00$ Water Quality Retesting for Water System Construction Flat fee per resample after failed initial water quality test (based on City's costs for flushing and lab work )55.00$ New Construction Mechanical Reinspections Flat fee per reinspection 60.00$ System Access Charges - Utility Charges For Metro sanitary sewer as established by the Metropolitan Waste Commission System Access Charges - Utility Charges Sanitary Sewer Residential Per Metro SAC 850.00$ Industrial, commercial, public, office Per Metro SAC 1,540.00$ System Access Charges - Utility Charges Water Residential Per Metro SAC 3,740.00$ Industrial, commercial, public, office Per Metro SAC 4,900.00$ Water/Sewer Connection Trunk sewer and water (per acre)sewer 60%, water 40% 10,187.00$ A connection fee per single unit is applicable if the property has not 25,963.00$ participated in the cost of the utilities by other methods. ITEM - ACTIVITY DESCRIPTION 2026 POLICE FEES & CHARGES Data Processing Search for, retrieve, copy and transmit Media (audio, video, photos, etc)As allowed by MS 13.03 Dog Impounding 1st offense of the year actual Impounding 2nd offense of the year actual Impounding 3rd offense of the year actual Boarding Daily actual Euthenasia actual Hunting & Trapping Landowner free Resident 5.00$ Non-resident 10.00$ Police Officer Supplemental Employment Police Officer Supplemental Employment Per hour - Minimum charge is three hours 125.00$ Police Officer Supplemental Employment Per hour - Min charge is three hours (time worked on double-time holiday)167.00$ Reports Search for, retrieve, copy and transmit under 100 pages Reports and other case file documentation (not including media)free Search for, retrieve, copy and transmit over 100 pages Reports and other case file documentation (not including media)As allowed by MS 13.03 Transcription, 911 Audio Transcribe audio Calls placed to a 911 system only As allowed by MS 13.03 Vehicle Forfeiture Administrative Fee Fees applicable unless deemed "Innocent Owner" by Eden Prairie Police, City/ County Attorney or Judge Day 1-60 300.00$ Day 61-180 400.00$ Day 181-365 500.00$ Day 366-730 600.00$ Day 731-1095 700.00$ Police Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 BUSINESS LICENSES Liquor - 3.2% Malt Liquor On-sale Annual - If less than one year, amount will be prorated over remaining months.800.00$ Off-sale Annual - If less than one year, amount will be prorated over remaining months.175.00$ Investigation fee Initial application 500.00$ Liquor - Intoxicating Malt Liquors Growlers (off-sale) Annual - If less than 1 year, amt will be prorated over remaining months.250.00$ Brewer Taproom (on-sale)Annual - If less than 1 year, amt will be prorated over remaining months.800.00$ Sunday Sales Annual - If less than 1 year, amt will be prorated over remaining months.200.00$ Liquor On-Sale On-sale Annual - If less than 1 year, amt will be prorated over remaining months.8,750.00$ Brew Pub On-sale Annual - If less than 1 year, amt will be prorated over remaining months.8,750.00$ Cocktail Room On-sale Annual - If less than 1 year, amt will be prorated over remaining months.800.00$ Sunday Sales Annual - If less than 1 year, amt will be prorated over remaining months.200.00$ Investigation fee Initial application 500.00$ License Charge - new manager License change - new manager 50.00$ License change - other License change - other than management change 150.00$ Liquor Off-Sale Microdistillery (Off-sale)Annual - If less than 1 year, amt will be prorated over remaining months.250.00$ Liquor On-Sale Fraternal Clubs Liquor on-sale Annual - If less than one year, amount will be prorated over remaining months.100.00$ Investigation fee Initial application 500.00$ License Charge - new manager License change - new manager 50.00$ License Charge - other License change - other than management change 150.00$ Liquor On-Sale Non-Fraternal Clubs Liquor on-sale Annual 4,250.00$ Investigation fee Initial application 500.00$ License Charge - new manager License change - new manager 50.00$ License Charge - other License change - other than management change 150.00$ Liquor On-Sale Wine On-sale Annual - If less than one year, amount will be prorated over remaining months.2,000.00$ Investigation fee Initial application 500.00$ License Charge - new manager License change - new manager 50.00$ License Charge - other License change - other than management change 150.00$ Liquor Other Temporary beer Requires application Temporary wine Requires application Sunday liquor Annual - If less than one year, amount will be prorated over remaining months.200.00$ Special events Per event 200.00$ Liquor Investigation Fee An investigation fee not to exceed $500 shall be charged to an applicant by the City if investigation is conducted within the State, or the actual cost not to exceed $10,000 without prior approval, if the investigation is required outside the State. Massage Massage - Therapeutic Enterprise Investigation Fee / Initial Application 250.00$ Massage - Therapeutic Enterprise Annual (if less than one year, amount will be prorated over rmg months)300.00$ Massage - Individual Therapist Investigation Fee / Initial Application 100.00$ Massage - Individual Therapist Government issued identification required 50.00$ Massage - Individual Therapist Replacement License Card Printing 10.00$ Pawn Shop/Precious Metal Dealer Annual fee 10,000.00$ Investigation fee An investigation fee not to exceed $1,500 shall be charged by the City if the 1,500.00$ investigation is conducted in the State, or the actual cost not to exceed $10,000 without prior written approval if the investigation is required outside the State. Peddlers Peddler - ID card Annual - Government issued identification required 50.00$ Peddler - Replacement ID Card Replacement Card 10.00$ Business Licenses and Fees ITEM - ACTIVITY DESCRIPTION 2026 Business Licenses and Fees Dogs Dog kennels (Commercial)Annual 85.00$ Dog kennels (Private)Annual - Required for 3-5 animals. Must also purchase individual dog licenses.35.00$ Dog license Biannual 20.00$ Dangerous dog license Annual 200.00$ Dangerous dog sign & collar tag Annual 25.00$ Dog - Replacement Tag Price per tag 1.00$ Tobacco Tobacco License Fee Annual - If less than one year, amount will be prorated over remaining months.300.00$ Tobacco Investigation Fee 250.00$ Cannabis Initial Registration and First Annual Renewal (one fee) Microbusiness no charge Mezzobusiness 500.00$ Retailer 500.00$ Medical Combination Business 500.00$ Lower-Potency Hemp Edible Retailer A cap of $500 for four or more locations for the same registrant 125.00$ Second and Subsequent Annual Renewals Microbusiness 1,000.00$ Mezzobusiness 1,000.00$ Retailer 1,000.00$ Medical Combination Business 1,000.00$ Lower-Potency Hemp Edible Retailer A cap of $500 for four or more locations for the same registrant 125.00$ Sexually Oriented Business Sexually Oriented Business License Fee Annual - If less than one year, amount will be prorated over remaining months.1,000.00$ Sexually Oriented Business Investigation Fee 500.00$ Other Bee Keeping One time registration fee 75.00$ Chicken Keeping One time registration fee 25.00$ Bingo (Gambling)Requires application Raffle (Gambling)Requires application ITEM - ACTIVITY DESCRIPTION 2026 Fire Department Fees & Charges Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer Engine Company Per hour 350.00$ Ladder Company Per hour 400.00$ Boats Per hour 400.00$ Rescue Rig, Brush, ATV/UTV, LSU Per hour 275.00$ Utility/Command Per hour 125.00$ Specialized Personnel Chief Officer, Investigator Per hour - Regular time 90.00$ Specialized Personnel Chief Officer, Investigator Per hour - Overtime 125.00$ Tools/supplies used At cost at cost Firefighter supplemental employment Per 3 hour block - Minimum charge of 3 hours 75.00$ Rental Licenses Fees One to Four Plex -- annual fee for 1st unit of 1 to 4 plex - add'l units under same roof are $12.75 for each add'l unit 110.00$ Apartment Complex -- annual fee for the 1st unit in a complex + $12.75 for each add'l rental unit 110.00$ Late fee -- Any application received after March 1st of the licensing year is subject to a late fee of 25% of the license fee.25% of license fee Late fee -- Any application received after April 1st of the licensing year is subject to a late fee of 50% of the license fee.50% of license fee Late fee -- Any application received after May 1st of the licensing year is subject to a late fee of 100% of the license fee.100% of license fee Radio Service Reprogram and tune radios once a year per radio 30.00$ Labor rate an hour, billable on every half hour if additional help is needed 55.00$ Fire Department Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 BUILDING INSPECTIONS Fire Alarm & Non-Water Suppression $1 to $2,000 105.00$ $2,001 to $25,000 1st $2,000 plus $25.00 each add'l $1,000 or fraction thereof, to & including $25,000 105.00$ $25,001 to $50,000 1st $25,000 plus $18.25 each add'l $1,000 or fraction thereof, to & including $50,000 680.00$ $50,001 to $100,000 1st $50,000 plus $12.75 each add'l $1,000 or fraction thereof, to & including $100,000 1,136.25$ $100,001 to $500,000 1st $100,000 plus $10.25 each add'l $1,000 or fraction thereof, to & including $500,000 1,773.75$ $500,001 to $1,000,000 1st $500,000 plus $8.40 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,873.25$ $1,000,001 & up 1st $1,000,000 plus $6.75 each add'l $1,000 or fraction thereof 10,073.25$ Plan checking 65% of the building permit fee if valuation is greater than $2,000 65% Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit)permit fee Fire Prevention Miscellaneous fees Per Minnesota State Fire Code (See Attachment A for description of item subject to fee)115.00$ Re-inspection fee 60.00$ Fire Prevention Permits Burning permits Per site. Limit 2 days per week 145.00$ Fireworks - display Plus standby firefighters at present hourly rate.150.00$ Fireworks - sales Maximum rate set by the State - $100 non-exclusive, $350 exclusive Flammable & combustible liquid tank removal -- Less than 1,000 gallons (fee is per tank)120.00$ Flammable & combustible liquid tank removal -- Greater than 1,000 gallons (fee is per tank)285.00$ Grease vapor removal system cleaning (fee is per cleaning)155.00$ LP gas, flammable & combustible liquid tank install (fee is per tank)315.00$ LP gas tank (temporary heat) > 100 gallons (fee is per tank)105.00$ Annual Fire Code Permit - Storage & Use Maximum of 3 per site 250.00$ * Late fee -- Any fire code permit application received after March 1st is subject to a late fee of 25% of the permit cost.25% of permit fee * Late fee -- Any fire code permit application received after April 1st is subject to a late fee of 50% of the permit cost.50% of permit fee * Late fee -- Any fire code permit application received after May 1st is subject to a late fee of 100% of the permit cost.100% of permit fee Tents/canopy (Residential)Per tent 60.00$ Tents/canopy (Commercial)Per tent 105.00$ Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit)permit fee Fuel dispensing facilities (new, addition, or alteration) per dispenser 50.00$ Fire Sprinkler Systems $1 to $2,000 105.00$ $2,001 to $25,000 1st $2,000 plus $25.00 each add'l $1,000 or fraction thereof, to & including $25,000 105.00$ $25,001 to $50,000 1st $25,000 plus $18.25 each add'l $1,000 or fraction thereof, to & including $50,000 680.00$ $50,001 to $100,000 1st $50,000 plus $12.75 each add'l $1,000 or fraction thereof, to & including $100,000 1,136.25$ $100,001 to $500,000 1st $100,000 plus $10.25 each add'l $1,000 or fraction thereof, to & including $500,000 1,773.75$ $500,001 to $1,000,000 1st $500,000 plus $8.40 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,873.25$ $1,000,001 & up 1st $1,000,000 plus $6.75 each add'l $1,000 or fraction thereof 10,073.25$ Plan Check Fee 65% of the fire-alarm/suppression permit fee if the job value is greater than $2,000 65% Investigation Fee Equal to the amount of permit fee (charges for work started w/o a permit)permit fee Building Inspections Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 BUILDING INSPECTIONS Building Inspections Fees & Charges Mobile Food Preparation Vehicles (Food Trucks) Annual permit is $25 Fire and life safety inspection required.25.00$ Heating & Ventilating - Job Valuation 0 to $1,000 40.00$ $1,001 to $10,000 1st $1,000 plus $2.70 for each add'l $100 or fraction thereof, to and including $10,000 40.00$ $10,001 to $50,000 1st $10,000 plus $22.40 for each add'l $1,000 or fraction thereof, to and incl. $50,000 285.50$ $50,001 and up 1st $50,000 plus $18.00 for each additional $1,000 or fraction thereof 1,181.50$ Heating & Ventilating - Other Gas piping Each opening 30.00$ Reinspection Each 50.00$ Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit) Moving a Building Moving a building $1,000 deposit from owner of the building or contractor plus a cash deposit or letter of credit for 250.00$ 75% of the estimated cost, determined by the City, to bring the building moved up to current building code Moving a garage only $1,000 deposit from owner of the garage or contractor plus a cash deposit or letter of credit for 50.00$ 75% of the estimated cost, determined by the City, to bring the garage moved up to current building code Plumbing - Job Valuation $0 - $1,000 Minimum 40.00$ $1,001 - $10,000 1st $1,000 plus 2.85% for amount over $1,000 to & including $10,000 40.00$ $10,001 & up 1st $10,000 plus 2.40% for amount over $10,000 299.00$ For each openings on gas 30.00$ Municipal sewer per 100 feet 50.00$ Municipal water per 100 feet 50.00$ Storm sewer & sub soil drains per 100 feet 50.00$ Plumbing - Other Inspections & Fees Reinspection fee Each 60.00$ Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit)permit fee ITEM - ACTIVITY DESCRIPTION 2026 CUSTOMER SERVICE Copies Copies - 1-100 pages Per page - single-sided, black and white, letter or legal size docs 0.25$ Copies - 101 or more pages Actual cost - see Data Practices Policy for details. Administrative Fees & Charges ITEM - ACTIVITY DESCRIPTION 2026 FINANCE Tax Exempt Financing Charge Application fee Per transaction 2,200.00$ Annual Fee 1/8 of 1% on the unpaid principal balance at the beginning of each 12-month period.1/8 of 1% Late Fee Late Fee Late fee for any amounts unpaid and due, unless otherwise listed in an agreement 10% of unpaid balance compounded monthly Finance Fees & Charges ITEM - ACTIVITY DESCRIPTION Frequency 2026 FACILITIES EQUIPMENT RENTAL AND STAFF TIME Audio-Visual Equipment (tax included) Sound System and Screens daily rental each 55.00$ Podium, floor model 10.00$ Screen, projection (tripod stand) 6'x6'11.00$ Building Supervisor Monday-Thurs, 5:00 p.m. - 10:00 p.m.hourly 40.00$ Weekends hourly 60.00$ Custodial Time and a half will be charged on weekends hourly 45.00$ CITY CENTER MEETING ROOM RENTALS 2026 ** Room rentals are tax exempt Group 1 Group 2 Group 3 ** All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center. Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly.See Attach B for Group Definitions ** Standard room set up is included in the fee. Additional set up charges will be incurred for round tables and special room arrangements at a rate of $30/hr. Atrium I Conference Room (2 hr. minimum rental) Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Atrium II Conference Room (2 hr. minimum rental) Standard conference = seats 6; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm) hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Atrium III Conference Room (2 hr. minimum rental) Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Council Chamber Restricted use; Standard set-up; No food/beverages; hourly 80.00$ 90.00$ 105.00$ Facility and/or AV technician required w/extra charge ($40.00/hr after hours); AV tech required for broadcast events only. Heritage Room (one quarter)(2 hr. minimum rental) Limited set-up; Maximum capacity = 40 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 45.00$ 50.00$ 55.00$ Heritage Room (half)(2 hr. minimum rental) Maximum capacity = 100 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 55.00$ 65.00$ 75.00$ Heritage Room (whole)(2 hr. minimum rental) Maximum capacity = 200 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 75.00$ 85.00$ 120.00$ Prairie Room (2 hr. minimum rental) Standard conference = seats 18; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$ Limited availability; City priority Facilities Equipment and Room Rental Fees & Charges Attachment A Permits from the Minnesota State Fire Code (MSFC) covered under the “miscellaneous” fee category on the fee resolution. Operational Permits Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings. An operational permit is required to operate a special amusement building. Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. Carnivals and fairs. An operational permit is required to conduct a carnival or fair. Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: A permit is not required for agricultural storage. Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10. Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Cutting and Welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction. Dry cleaning. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows. Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 56. Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with section 5606. Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. Fruit and crop ripening. An operational permit is required to operate a fruit, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. HPM facilities. An operational permit is required to store, handle or use hazardous production materials. High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2). Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a wildfire risk area. 5. Application of roof coverings with the use of an open flame device. Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30. Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3). Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings. Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Open flames and candles. An operational permit is required to remove paint with a torch; use a torch or open flame device in a hazardous fire area; or to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day. Places of assembly. An operational permit is required to operate a place of assembly. Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and motor fuel-dispensing facilities. An operational permit is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities. Rooftop heliports. An operational permit is required for the operation of a rooftop heliport. Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24. Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire rebuilding plant. Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities. Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3). Construction Permits Compressed gases. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids. A construction permit is required: 1. To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 3. To alter, abandon, place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter 30. Exceptions: 1. Routine maintenance. 2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. LP-gas. A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. Attachment B Fee Resolution Rental Rate Classifications Community Use Groups Eden Prairie City Government: Any activity related to or benefitting the operations of Eden Prairie’s City Government including, but not limited to, City Council, Board and Commission meetings, City sponsored or hosted programs, events and public meetings. The Riley-Purgatory Creek Watershed District is included in this category for City Center rentals. No Charge. Group I - Eden Prairie Civic /Non-Profit Agencies: Includes Eden Prairie School District, Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW Suburban Cable, and Eden Prairie–based religious organizations. A civic, non-profit or resident group is considered as Eden Prairie-based if it has at least 75% of its membership roster residing in the City (as in the case of Eden Prairie Homeowner/Townhome Associations). Group II - Eden Prairie Residents and Businesses: Eden Prairie-based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use. Group III - Non-Eden Prairie Residents/Businesses/Groups: Non-resident individuals, groups, commercial, and business organizations (including non-profit), as well as state & county-related committees, including Minnesota’s federal and state representatives and political groups (i.e., League of Women Voters, Town Hall meetings, political conventions, etc.). NOTE: Eden Prairie residents and businesses may NOT make reservations for non-Eden Prairie based residents and businesses under the Group II rate. Organized Athletic Group Tiers Tier 1 – City Programs: Parks and Recreation programs, City-sponsored or co-sponsored programs and events. Tier 2 – Eden Prairie Public School District Programs: High School athletic team practices and competitions, physical education classes. School District facilities must have a reciprocal priority agreement in place, and activities shall not be in direct competition with City-sponsored programs. Programs Serving Special Populations: Organizations serving persons with neurodivergence and/or physical disabilities through organized sports such as Special Olympics Minnesota, Miracle League and their delegate teams serving the southwest Twin Cities Metro area. Tier 3 – Recognized Eden Prairie based nonprofit youth-serving athletic associations: These organizations are recognized by the City as the established community providers of their particular sport and the youth they serve (ages 18 and under) and are primarily Eden Prairie residents. Organizations must maintain non-profit status, be open to all Eden Prairie residents, and prioritize rostering Eden Prairie residents. Additionally, they must have both inclusion and nondiscrimination policies in place and must address barriers to participation, including financial barriers. As the primary organizations serving each sport, Tier 3 is provided access to facilities for as many hours as they require to provide a quality program, subject to the limitations of available facilities. City staff will provide fair distribution of available facilities, considering the age and level of play of each group. Where facilities are shared across seasons, priority is given to the sport in its primary competitive season. • Eden Prairie Baseball Association • Eden Prairie Fastpitch Association • Eden Prairie Football Association • Eden Prairie Lacrosse Association • Eden Prairie Soccer Association • Eden Prairie Soccer Club • Eden Prairie Volleyball Association (beach volleyball) • Eden Prairie Hockey Association (outdoor ice) Sponsored Organization: The City supports and invests in the long-term viability of Tier 3 organizations and their ability to serve the community. The City understands that Tier 3 organizations exist to serve Eden Prairie residents, are largely or completely administered by volunteers, and may have limitations in capacity to solely provide competitive, traveling athletic opportunities to the Eden Prairie community. Therefore, Tier 3 organizations may elect to affiliate with one non-profit traveling athletics organization (Sponsored Organization). This affiliation must be approved by the City during the annual application process. The Tier 3 group is responsible for ensuring that the same safeguards for participant safety, required data reporting, financial statements, and insurance coverage are in place with the sponsored organization. The sponsored organization must prioritize rostering Eden Prairie residents. If approved, the sponsored organization is considered an extension of the Tier 3 organization, with the Tier 3 organization responsible for their scheduling and use of Eden Prairie facilities. Tier 4 – Private or charter schools located in Eden Prairie or close proximity serving Eden Prairie students: Athletic team practices or competitions. Tier 5 – Adult serving nonprofit athletic leagues or teams: Teams who register with their governing league or organization with Eden Prairie as their home location (home games played in Eden Prairie) and have Eden Prairie residents on their roster. Use may be limited on availability. Tier 6 – Other (non-recognized) youth-serving athletic organizations for Eden Prairie youth: Organizations registered with their league and governing body with Eden Prairie as their home location and have Eden Prairie residents on their roster. The accepted number of organizations and teams within each organization may be capped per sport. Use may be limited on availability. Tier 7 – Other adult-serving athletic organizations for Eden Prairie adults: Organizations or leagues who provide adult athletic programming not already offered by Eden Prairie Parks and Recreation and deemed at staff discretion to be of benefit to the community. City Rental Facilities Amphitheatre - located at Staring Lake Park City Center - meeting rooms, conference rooms, and the Council Chambers Community Center - ice arenas, meeting rooms, gymnasium, racquetball/Wallyball courts, and swimming pool Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn, Round Lake Park Building, Staring Lake Park Building, Miller Park Building, Nesbitt Preserve Park Building, Riley Lake Pavilion, Riley- Jacques Barn, Purgatory Creek Park – Lambert Pavilion, Prairie View Park Building, Forest Hills Park Building, Edenvale Park Building and Crestwood Park Building Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses – park buildings located throughout the City used during the winter at outdoor ice rinks ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 COMMUNITY CENTER MEMBERSHIP Daily Full Use Pass (includes open gym, open skate, open swim, group fitness, fitness, and racquetball) Must be age 15 and up to use Fitness Center (12 - 14 with adult supervision) Resident daily + tax 12.00$ 14.00$ 17% Non Resident daily + tax 15.00$ 17.00$ 13% Membership Benefits 10% discount on upfront purchase of 12 month membership Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase. Debits occur on 1st-3rd of every month. 1. Includes full use of fitness facility including a complimentary equipment orientation 2. Includes group fitness classes (except specialty fitness classes such as Yoga and Pilates) 3. Includes use of racquetball courts 4. Includes free open gym, skate and swim Monthly Resident Membership Rates (Live or Work in Eden Prairie) Youth (18 and under)Any child 18 years of age or younger.monthly + tax 40.11$ 44.00$ 10% Adult (19 and over)Individual age 19 or older.monthly + tax 49.36$ 54.00$ 9% Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 84.31$ 93.00$ 10% Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address.monthly + tax 99.73$ 110.00$ 10% Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 113.10$ 124.00$ 10% Senior (62 and older)Any individual 62 years of age or older.monthly + tax 41.13$ 45.00$ 9% Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address.monthly + tax 66.84$ 74.00$ 11% Monthly Non Resident Membership Rates Youth (18 and under)Any child 18 years of age or younger.monthly + tax 56.56$ 62.00$ 10% Adult (19 and over)Individual age 19 or older.monthly + tax 57.58$ 63.00$ 9% Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 98.70$ 109.00$ 10% Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address.monthly + tax 116.19$ 128.00$ 10% Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 134.70$ 148.00$ 10% Senior (62 and older)Any individual 62 years of age or older.monthly + tax 57.58$ 63.00$ 9% Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address.monthly + tax 98.70$ 109.00$ 10% Seasonal Short-term Membership Rates Administrative Fee is waived. One Month (Winter Break)30 consecutive days tax included 50.00$ 60.00$ 20% Three Months (Summer)3 consecutive months tax included 126.00$ 145.00$ 15% Four Months (Summer)4 consecutive months tax included 168.00$ 194.00$ 15% Community Center Membership Fees & Charges ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 COMMUNITY CENTER OPEN ACTIVITIES Open Skate, Open Gym, Open Swim and Lap Swim Resident and Non Resident - fee is for the use of open skate and open gym Youth 2 years of age to 18 years of age 7.00$ 8.00$ 14% Adult 19 years of age or older 9.00$ 8.00$ -11% Community Center Open Activities and PlayCare Fees & Charges ITEM - ACTIVITY DESCRIPTION Fee Type 2025 2026 % change '25 to '26 COMMUNITY CENTER RENTALS Ice Arena Rental - Rinks 1, 2, & 3 Prime/nonprime rates are at staff discretion based on timing of the year and ice availability. School Year Ice Rates Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Ice Rates)hourly + tax 255.00$ 260.00$ 2% Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Event Ice Rates)hourly + tax 300.00$ 305.00$ 2% Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Non Prime Time Ice Rates)hourly + tax 190.00$ 195.00$ 3% Summer Ice Rates Jun. 1 - Aug. 31 (Prime Time Ice Rates)hourly + tax 220.00$ 225.00$ 2% Jun. 1 - Aug. 31 (Non Prime Time Ice Rates)hourly + tax 190.00$ 195.00$ 3% Special Ice Rates - School District 272 Physical Education classes Per hour - 50% of non-prime time rate hourly 95.00$ 97.50$ 3% Hockey Games Prime time event rate - personnel required to run games supplied by others.295.00$ 305.00$ 3% Community Center Rental Fees & Charges ITEM - ACTIVITY DESCRIPTION Fee 2025 2026 % Change '25-'26 Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 COMMUNITY CENTER RENTALS See Attach B for Group Definitions See Attach B for Group Definitions Parking Permits Community Center Full year rate annual 350.00$ 350.00$ 350.00$ 300.00$ 300.00$ 300.00$ -14%-14%-14% Community Center 50% reduction of full rate on December 1 annual 175.00$ 175.00$ 175.00$ 150.00$ 150.00$ 150.00$ -14%-14%-14% Community Center 50% reduction of December 1 rate on March 1 annual 87.50$ 87.50$ 87.50$ 75.00$ 75.00$ 75.00$ -14%-14%-14% Community Center Rental Fees & Charges ITEM - ACTIVITY DESCRIPTION Fee 2025 2026 % Change '25-'26 Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 SENIOR CENTER See Attach B for Group Definitions See Attach B for Group Definitions Senior Center Rental All meeting rooms include AV and white boards, WiFi, and customized room set up. There is a 2 hour minimum on all room rentals. Kitchen Approx. 15 people with use of appliances hourly + tax 20.00$ 25.00$ 30.00$ 21.00$ 26.00$ 32.00$ 5%4%7% Community Rm/ Kitchen Two Rooms (no lounge) - hourly rental hourly + tax 52.00$ 57.00$ 62.00$ 54.00$ 59.00$ 65.00$ 4%4%5% Community Rm/ Kitchen Two Rooms (no lounge) - full day rental (6-10 hours)plus tax 312.00$ 340.00$ 370.00$ 324.00$ 354.00$ 390.00$ 4%4%5% Lounge Lounge only hourly + tax 30.00$ 35.00$ 42.00$ 31.00$ 36.00$ 44.00$ 3%3%5% Room 200 Approx. 10-15 people hourly + tax 24.00$ 31.00$ 36.00$ 25.00$ 32.00$ 38.00$ 4%3%6% Room 201 - hourly rental Approx. 55 people theater style, 35 to 40 table seating hourly + tax 45.00$ 50.00$ 58.00$ 47.00$ 52.00$ 61.00$ 4%4%5% Room 201 - full day rental (6-10 hrs)Approx. 55 people theater style, 35 to 40 table seating plus tax 270.00$ 300.00$ 350.00$ 282.00$ 312.00$ 366.00$ 4%4%5% Room 209 Approx. 10 to 15 hourly + tax 23.00$ 30.00$ 35.00$ 24.00$ 31.00$ 37.00$ 4%3%6% Open Woodshop Daily Access Per person, does not include instruction tax included 7.00$ same for all 8.00$ same for all 14% Quarterly Access Per person, does not include instruction tax included 35.00$ same for all 40.00$ same for all 14% Annual Access Per person, does not include instruction tax included 140.00$ same for all 160.00$ same for all 14% ITEM - ACTIVITY DESCRIPTION Fee 2025 2026 % Change '25-'26 Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 PARK FACILITIES See Attach B for Group Definitions See Attach B for Group Definitions Park Facilities Rental Rates include one building supervisor No private group of over 300 will be allowed to reserve facilities at any park (max. at Staring Park is 150) Eden Prairie School District Programs charged only direct cost for all parks during the school day. Round Lake Pavilion Full Day - Maximum capacity varies plus tax 230.00$ same for all 245.00$ same for all 7% Staring Lake Park Building 1/2 Day - Maximum capacity varies plus tax 180.00$ same for all 185.00$ same for all 3% Parks & Recreation Rental Fees & Charges ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 ART CENTER Open Studio Quarterly Access Per person, does not include instruction 75.00$ 80.00$ 7% Clay Firing, Full Kiln Open studio member (not in a class)35.00$ 40.00$ 14% Glass Firing, Large Middle Shelf Open studio member (not in a class)15.00$ 20.00$ 33% Glass Firing, One Side Shelf (2 avail)Open studio member (not in a class)10.00$ 15.00$ 50% Glass Firing, Full Kiln Open studio member (not in a class)35.00$ 40.00$ 14% COMMUNITY GARDEN PLOTS Live/Work in Eden Prairie Half-size 20'x20' plot - Pioneer Park only 48.00$ new in 2026 Small 20'x30' plot 60.00$ 72.00$ 20% Medium 20'x40' plot - Pioneer Park only 80.00$ 96.00$ 20% Large 20'x60' plot - Pioneer Trail only 144.00$ new in 2026 Senior Rental Fees (Residents 55 and older) Half-size 20'x20' plot - Pioneer Park only 38.00$ new in 2026 Small 20'x30' plot 48.00$ 57.00$ 19% Medium 20'x40' plot - Pioneer Park only 64.00$ 76.00$ 19% Large 20'x60' plot - Pioneer Trail only 115.00$ new in 2026 FORESTRY Administrative fee - weed/tree ordinance violations Weed ordinance violations 75.00$ 80.00$ 7% Tree ordinance violations 1-5 trees 75.00$ 80.00$ 7% 6-10 trees 100.00$ 105.00$ 5% 11+ trees 150.00$ 160.00$ 7% SNOW REMOVAL Administrative fee - snow removal ordinance violation Non compliance fee 100.00$ 105.00$ 5% SPECIAL USE PERMIT Commercial/Professional Photography and Film Productions Annual professional photography permit 250.00$ new in 2026 Video production including commercials Per day 400.00$ new in 2026 Major film production and/or videography Per day 500.00$ new in 2026 Parks and Recreation Fees & Charges ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 ORGANIZED ATHLETICS Tier 3 Organized Youth Athletic Associations Athlete Fee for Recognized Youth Associations Per athlete/per year -$ 10.00$ ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 Tier 3 Tier 4-5 Tier 6-7 Tier 3 Tier 4-5 Tier 6-7 Tier 3 Tier 4-5 Tier 6-7 Tournament Support Services Field Maintenance Staff Per staff, per half day 160.00$ 162.00$ 1% On-Site Customer Service Staff Per staff member, per hour 15.00$ 16.00$ 7% NOTE: Tournament fees are dependent on the size/scope of the tournament and may be changed at the City's discretion to ensure the health and safety of the public. Parks Athletics Fees & Charges ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 PLEASANT HILLS CEMETERY Ground Thawing: November 1 - April 1 Cremation burial 125.00$ 150.00$ 20% Internment Burial fees are direct cost from contractor. These could adjust mid-year due to contractor price increase. Weekend casket burial 850.00$ 900.00$ 6% EDEN PRAIRIE CEMETERY Ground Thawing: November 1 - April 1 Cremation burial 125.00$ 150.00$ 20% Internment Burial fees are direct cost from contractor. These could adjust mid-year due to contractor price increase. Weekend casket burial 850.00$ 900.00$ 6% Cemetery Fees & Charges Tax Increment Financing Fees & Charges ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 Tax Increment Financing & Tax Abatement Application Fees New TIF or Tax Abatement Project 2,150.00$ 2,200.00$ 2% Amended TIF or Tax Abatement 2,150.00$ 2,200.00$ 2% Tax Increment Financing & Tax Abatement Escrow Deposit A deposit agreement is required for tax increment financing and tax abatement applications and amendments. The amount of the initial deposit is the sum of the estimated City Attorney and Public Finance consultant costs. Additional funds may be required if the deposit is inadequate to pay for all of the fees and costs incurred by the City. Late Fee Late fee for any amounts unpaid and due, unless otherwise listed in an agreement 10% of unpaid balance compounded monthly new in 2026 ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 ENGINEERING Right-of-Way Permits Any right-of-way permit obtained subsequent to work done or obstructions placed in a public right-of-way will be two times the fee amount shown below per day for Collector roadways 630.00$ 650.00$ 3% per day for residential and local roadways 125.00$ 150.00$ 20% Permit extension fee 70.00$ 75.00$ 7% Wetland Buffer/Conservation Easement Sign Wetland Buffer/Conservation Easement Sign 30.00$ 33.00$ 10% Street Signs Stop sign Includes brackets, install, no post - 30" x 30"210.00$ 250.00$ 19% Stop sign Includes brackets, install, with post - 30" x 30"280.00$ 300.00$ 7% Street name sign Includes install with 12' post - 6" x 6"360.00$ 370.00$ 3% Street name sign Includes install with 12' post - 6" x 9"390.00$ 400.00$ 3% Street name sign Includes install with 12' post - 9" x 9"410.00$ 430.00$ 5% Other Licenses Refuse & garbage collectors Annual - Each additional vehicle 45.00$ 50.00$ 11% Refuse & garbage collectors Non-compliant - 1st vehicle, fee assessed monthly until compliant 370.00$ new in 2026 Refuse & garbage collectors Non-compliant - Each additional vehicle, fee assessed monthly until compliant 100.00$ new in 2026 Engineering Fees & Charges ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 RESIDENTIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 4.11$ 4.25$ 3% Water (Residential) Per 1,000 gallons Tier 1 0 to 20,000 gallons 2.70$ 2.75$ 2% Tier 2 20,001 to 40,000 gallons 3.81$ 3.90$ 2% Tier 3 40,001 to 60,000 gallons 5.24$ 5.40$ 3% Tier 4 60,001 and above 7.00$ 7.20$ 3% Water All Other classes besides residential (apartments, etc)2.82$ 2.90$ 3% Base Charges Per dwelling unit 47.76$ 49.20$ 3% If account only has water or sewer, the fee will be half of the base charge times the number of dwelling units Storm Drainage Single-family homes/Multi-family homes Each 19.79$ 20.40$ 3% Apartments Per acre rates 196.78$ 202.70$ 3% Parks / open space / golf course / rail road Per acre rates 27.34$ 28.15$ 3% Undeveloped land Each 65.63$ 67.60$ 3% COMMERCIAL Sanitary sewer Sanitary sewer Per 1,000 gallons 4.11$ 4.25$ 3% Water Includes commercial, institutions, etc.2.82$ 2.90$ 3% Base charges Per dwelling unit 18.96$ 19.50$ 3% If account only has water or sewer, the fee will be half of the base charge times the number of dwelling units Storm Drainage - Commercial Industrial Per acre rates 65.63$ 67.60$ 3% Commercial/office Per acre rates 83.86$ 86.35$ 3% Institutions Per acre rates 74.39$ 76.65$ 3% Airport/landfill Per acre rates 16.32$ 16.80$ 3% Parks / open space / golf course / rail road Per acre rates 9.11$ 9.40$ 3% Undeveloped land Each 21.88$ 22.55$ 3% IRRIGATION Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year. Tier 1 0 to 13,000 gallons 3.81$ 3.90$ 2% Tier 2 13,001-20,000 gallons 5.24$ 5.40$ 3% Tier 3 20,001 and above 7.00$ 7.20$ 3% Utilities Fees & Charges ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 Utilities Fees & Charges UTILITIES - OTHER FEES Other Charges Unmetered residential sewer only Use charges fee per quarter per dwelling unit plus sewer base charge 72.93$ 75.10$ 3% Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive 6.00$ 7.00$ 17% System Access Charges - Utility Charges Sanitary Sewer Residential Per Metro SAC 835.00$ 850.00$ 2% Industrial, commercial, public, office Per Metro SAC 1,510.00$ 1,540.00$ 2% System Access Charges - Utility Charges Water Residential Per Metro SAC 3,670.00$ 3,740.00$ 2% Industrial, commercial, public, office Per Metro SAC 4,810.00$ 4,900.00$ 2% Water/Sewer Connection Trunk sewer and water (per acre)sewer 60%, water 40% 9,890.00$ 10,187.00$ 3% A connection fee per single unit is applicable if the property has not 25,207.00$ 25,963.00$ 3% participated in the cost of the utilities by other methods. ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 POLICE FEES & CHARGES Vehicle Forfeiture Administrative Fee Fees applicable unless deemed "Innocent Owner" by Eden Prairie Police, City/ County Attorney or Judge Day 1-60 250.00$ 300.00$ 20% Day 61-180 350.00$ 400.00$ 14% Day 181-365 450.00$ 500.00$ 11% Day 366-730 550.00$ 600.00$ 9% Day 731-1095 650.00$ 700.00$ 8% Police Fees & Charges ITEM - ACTIVITY DESCRIPTION 2025 2026 % change '25 to '26 FINANCE Tax Exempt Financing Charge Application fee Per transaction 2,000.00$ 2,200.00$ 10% Late Fee Late Fee Late fee for any amounts unpaid and due, unless otherwise listed in an agreement 10% of unpaid balance compounded monthly new in 2026 Finance Fees & Charges City Council Agenda Cover Memo Date: Dec. 02, 2025 Section: Payment of Claims Item Number: IX. Department: Administration / Finance ITEM DESCRIPTION Payment of Claims REQUESTED ACTION Move to approve the payment of claims as submitted (roll call vote). SUMMARY Checks 319826 - 319860 Checks 5003332 - 5003679 Wire Transfers 11980 - 12027 ATTACHMENTS Check Register Check Summary City of Eden Prairie Council Check Summary 12/2/2025 Division Amount Division Amount 000 General Total 63,209 601 Prairie Village Liquor Total 138,935 100 City Manager Total (528) 602 Den Road Liquor Total 310,897 101 Legislative Total 50 603 Prairie View Liquor Total 218,032 102 Legal Counsel Total 42,819 605 Den Road Building Total 3,330 110 City Clerk Total 122 701 Water Enterprise Fund Total 248,085 111 Customer Service Total 293 702 Wastewater Enterprise Fund Total 428,924 112 Human Resources Total 16 703 Stormwater Enterprise Fund Total 76,336 113 Communications Total 4,683 Total Enterprise Fund 1,424,539 114 Benefits & Training Total 9,919 131 Finance Total 669 000 SAC Total 9,940 132 Housing and Community Services Total 125 000 Fleet Operating Total 48,355 136 Public Safety Communications Total 1,276 316 WAFTA Total 940 150 Park Administration Total 973 802 494 Commuter Services Total 54,383 151 Park Maintenance Total 46,068 804 100 Year History Total 2 153 Organized Athletics Total 400 807 Benefits Fund Total 1,707,660 154 Community Center Total 13,992 809 Investment Fund Total 1,643 156 Youth Programs Total 28,329 811 Property Insurance Total 2,885 158 Senior Center Total 2,707 812 Fleet Internal Service Total 103,145 159 Recreation Administration Total 10,312 813 IT Internal Service Total 123,417 160 Therapeutic Recreation Total 160 815 Facilities Operating ISF Total 82,041 162 Arts Total 2,003 816 Facilities City Center ISF Total 33,233 163 Outdoor Center Total 569 817 Facilities Comm. Center ISF Total 61,363 168 Art Center Total 96 818 Dental Insurance Total 22,574 180 Police Sworn Total 25,597 Total Internal Svc/Agency Funds 2,251,581 184 Fire Total 26,426 186 Inspections Total 1,542 200 Engineering Total 946 Report Total 4,458,145 201 Street Maintenance Total 18,540 202 Street Lighting Total 34 Total General Fund 301,346 301 CDBG Total 11,127 303 Cemetery Operation Total 2,757 312 Recycle Rebate Total 6,244 322 Local Affordable Housing Aid Total 54 Total Special Revenue Fund 20,181 308 E-911 Total 5,000 309 DWI Forfeiture Total 594 314 Special Investigations Total 57 315 Economic Development Total 371,338 502 Park Development Total 5,554 509 CIP Fund Total 16,798 513 CIP Pavement Management Total 148 526 Transportation Fund Total 3,234 539 2020 Improvement Projects Total 1,342 543 Police Remodel Total 54,577 544 Shady Oak (FCD to Valley View) Total 1,857 Total Capital Projects Fund 460,497 City of Eden PrairieCouncil Check Register 12/2/2025 Check Amount Vendor Account Description Business Unit Comments 5003429 396,352 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Svc Fee Dec 2025 11983(E)394,057 HEALTHPARTNERS Insurance Health and Benefits Nov 2025 Premiums 11996(E)334,855 UKG INC Payroll Taxes Health and Benefits Payroll Taxes PR Ending 10.31.25 12026(E)332,213 UKG INC Payroll Taxes Health and Benefits Payroll Taxes PR Ending 11.14.25 319844 250,000 ST JOHNS WOOD HOMES ASSOCIATION INC Accounts Receivable TIF-Lincoln Parc Apts Siding Project Final Payment 11994(E)241,818 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 10.17.25 12024(E)237,656 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 10.31.25 12013(E)157,445 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds Sales Tax Oct 2025 5003605 119,121 NEW LOOK CONTRACTING INC Improvement Contracts Economic Development 5003676 86,820 XCEL ENERGY Electric Various Funds 5003359 83,610 BS&A SOFTWARE Software IT Operating 5003409 79,659 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 5003354 50,656 BOYER FORD TRUCKS Autos Fleet-Public Works 5003574 49,801 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 5003395 48,260 HAMBURG BUILDERS GROUP LLC Capital Under $25,000 FF&E-Furn, Fixtures & Equip 5003355 46,655 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 5003367 44,475 DEPARTMENT OF CORRECTIONS OCS-Other Contracted Services Utility Operations-General 5003638 44,295 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 5003465 34,554 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 12027(E)34,496 VOYA Deferred Compensation Health and Benefits 11997(E)34,118 VOYA Deferred Compensation Health and Benefits 5003541 33,620 EXCEL LAWN & LANDSCAPE OCS-Snow Removal City Center CAM 5003402 30,991 HYDROCORP Improvement Contracts Water Capital 5003615 29,445 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital 5003353 28,729 BKV GROUP OCS-Other Contracted Services Police Remodel 5003552 27,827 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 5003397 25,778 HAWKINS INC Chemicals Water Treatment 11993(E)25,548 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5003420 25,102 LUNDS FOOD HOLDINGS Refund Utility Funds 5003675 23,900 WSB & ASSOCIATES INC Design & Engineering Stormwater Capital 5003479 23,655 UNITED GLASS, INC OCS-Other Contracted Services Police Remodel 5003556 23,004 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police 5003392 21,740 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police 11984(E)21,190 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Liquor Funds 5003511 19,339 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 5003340 19,281 ARTISAN BEER COMPANY Liquor Product Received Liquor Funds 12022(E)18,912 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 12010(E)18,805 U.S. BANK - I-494 PURCH. CARD Various Accounts 494 Corridor Commission 5003360 18,474 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 5003520 18,377 CENTERPOINT ENERGY Gas Various Funds 12003(E)18,300 WEX Health Savings Account Health and Benefits 5003589 18,108 MANSFIELD OIL COMPANY Motor Fuel Fleet Operating 5003554 18,051 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor 5003443 18,012 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 5003421 17,788 MANSFIELD OIL COMPANY Motor Fuel Fleet Operating 5003585 17,636 LOGIS Software IT Operating 5003619 17,055 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor 5003529 16,830 CONSERVATION CORPS MINNESOTA & IOWA OCS-Other Contracted Services Capital Maint. & Reinvestment 5003415 16,470 LEGACY GYMNASTICS Instructor Service Recreational Sports 5003389 15,752 GRAYMONT Chemicals Water Treatment 12009(E)15,601 PAYCHEX Wages and Benefits 494 Corridor Commission Check Amount Vendor Account Description Business Unit Comments500351415,141 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 319839 15,000 NED ABDUL Deposits General Fund 5003390 14,655 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 5003357 14,645 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds 5003645 14,290 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital 5003345 13,856 BADGER METER Telephone Water Metering 5003632 13,269 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Stormwater Capital 11982(E)13,114 CARD CONNECT Credit Card/Bank Fees Various Funds 5003616 12,813 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 5003648 12,802 STREICHERS Clothing & Uniforms Police Sworn 319833 11,662 GREAT OAKS 2ND LLC Deposits General Fund 319858 11,020 RAY N WELTER HEATING OCS-Other Contracted Services Rehab 319846 10,145 MINNESOTA LIFE INSURANCE COMPANY Insurance Health and Benefits 5003458 9,987 RON'S CABINETS INC 5003512 9,842 BREAKTHRU BEVERAGE MN WINE & SPIRITS 5003517 9,627 CATALYST GRAPHICS INC 5003401 9,434 HOHENSTEINS INC 5003376 9,368 ESS BROTHERS & SONS INC 319853 8,946 METROPOLITAN COUNCIL 5003493 8,858 ZIEGLER INC 5003441 8,754 PAUSTIS & SONS COMPANY 11981(E)8,640 BPAS 5003661 7,500 VALLEY RICH CO INC 5003470 7,349 ST. PAUL UTILITIES INC 5003477 7,288 THE REDMOND COMPANY 5003581 7,251 LEADSONLINE LLC 5003488 7,231 WINE MERCHANTS INC 5003363 7,204 CLEAR RIVER BEVERAGE CO 12015(E)7,151 HEALTHPARTNERS 12000(E)6,963 HEALTHPARTNERS 5003591 6,900 MARTIN-MCALLISTER 5003471 6,854 STANTEC CONSULTING SERVICES INC 319826 6,743 CATALYST GRAPHICS INC 12014(E)6,552 HEALTHPARTNERS 5003467 6,126 SRF CONSULTING GROUP INC 5003352 6,013 BIFFS INC 5003399 5,722 HEALTHPARTNERS 5003358 5,571 BRYAN ROCK PRODUCTS INC 5003498 5,442 ARTISAN BEER COMPANY 5003396 5,296 HANSON SPORTS LLC 5003559 5,259 HAMMER COMMUNITY SOLAR LLC 5003664 5,207 VERIZON WIRELESS 5003643 5,083 SSI ABS-2025-1 PROJECT HOLDINGS LLC 5003654 5,000 THISGEN INC 5003588 4,960 MADISON NATIONAL LIFE INSURANCE CO INC 5003496 4,861 ADVANCED ENGINEERING & ENVIROMENTAL SERV 5003672 4,715 WINE MERCHANTS INC 5003361 4,600 CASTRO CLEANING LLC 5003459 4,590 SAMBATEK INC 5003497 4,570 ADVANTAGE PROPERTY MAINTENANCE INC 5003613 4,567 PAUSTIS & SONS COMPANY 5003550 4,320 GRANICUS LLC 5003504 4,258 BELLBOY CORPORATION 5003499 4,252 ASCENTEK, INC 5003564 4,197 HENNEPIN COUNTY TREASURER Check Amount Vendor Account Description Business Unit Comments50034924,190 XIGENT SOLUTIONS LLC 5003349 4,116 BELLBOY CORPORATION 5003572 4,097 ITRON INC. 5003426 4,000 MESSERLI & KRAMER 5003567 3,847 HOHENSTEINS INC 5003398 3,699 HEALTH STRATEGIES 5003566 3,671 HINTERLAND CSG LLC 5003500 3,630 ASPEN MILLS 11991(E)3,604 WEX 319842 3,525 SCOTT COUNTY 5003592 3,436 MAVERICK WINE LLC 5003468 3,400 ST CROIX ENVIRONMENTAL INC 5003485 3,388 VINOCOPIA 5003584 3,333 LOCKRIDGE GRINDAL NAUEN PLLP 5003403 3,321 IMPACT PROVEN SOLUTIONS 12002(E)3,310 INVOICE CLOUD INC 5003637 3,252 SOBANIA COMMUNITY SOLAR 5003487 3,231 WINE COMPANY, THE 5003381 3,185 FLEXIBLE PIPE TOOL COMPANY 5003656 3,137 TRANSPORT GRAPHICS 5003642 3,110 SSI ABS-2025-1 PROJECT HOLDINGS LLC 5003412 2,989 LANDBRIDGE ECOLOGICAL 5003678 2,908 YORKTOWN OFFICES 5003489 2,902 WINEBOW 5003413 2,885 LEAGUE MN CITIES INS TRUST 5003384 2,821 GARTNER REFRIGERATION & MFG INC 5003451 2,785 PRO TREE OUTDOOR SERVICES 5003565 2,750 HENNEPIN HEALTHCARE 5003378 2,635 ETHANOL PRODUCTS LLC 5003540 2,610 EMERALD ELEMENTS 5003522 2,506 CLEAR RIVER BEVERAGE CO 5003505 2,491 BLOOMINGTON, CITY OF 5003569 2,463 INDIGO SIGNWORKS, INC. 5003341 2,439 ARVIG 5003663 2,400 VERITONE INC 5003348 2,384 BCM ONE 12008(E)2,271 PERA 5003457 2,262 REVOLUTIONARY SPORTS, LLC 5003386 2,255 GOPHER STATE ONE-CALL 5003424 2,093 MEGA BEER 11987(E)1,997 WEX 5003596 1,967 METRO SALES INCORPORATED* 11989(E)1,933 AMERICAN EXPRESS 5003442 1,815 PETERSON COUNSELING AND CONSULTING LLC 5003563 1,785 HEALTHPARTNERS OCCUPATIONAL MEDICINE 5003587 1,775 MACQUEEN EQUIPMENT INC 5003428 1,724 METRO SALES INCORPORATED* 5003372 1,691 EHLERS & ASSOCIATES INC 5003423 1,664 MAVERICK WINE LLC 5003449 1,658 PRAIRIE LAWN AND GARDEN 5003369 1,638 DOMACE VINO LLC 5003337 1,638 AMERICAN KARATE STUDIO INC 5003475 1,611 THE ADVENT GROUP 5003486 1,597 WATERFRONT RESTORATION LLC 5003582 1,550 LEAST SERVICES COUNSELING Check Amount Vendor Account Description Business Unit Comments50035861,524 LYNDALE PLANT SERVICES 5003400 1,425 HENNEPIN TECHNICAL COLLEGE 5003623 1,368 R & R SPECIALTIES OF WISCONSIN 5003593 1,360 MEDICINE LAKE TOURS 5003636 1,357 SMALL LOT MN 5003640 1,342 SRF CONSULTING GROUP INC 5003599 1,310 MHSRC/RANGE 5003385 1,288 GLOBAL RESERVE LLC 5003667 1,260 VINOCOPIA 5003571 1,238 INSIGHT BREWING COMPANY LLC 5003625 1,211 RANSON PINCK 5003365 1,210 DAKOTA SUPPLY GROUP INC 11995(E)1,208 UKG INC 12025(E)1,208 UKG INC 5003336 1,200 AMERICAN ENVIRONMENTAL LLC 5003430 1,200 MICHAEL & SUSAN HLAVAC 5003518 1,185 CDW GOVERNMENT INC. 5003418 1,181 LIBERTY TIRE SERVICES LLC 5003382 1,172 FLYING CLOUD TRANSFER STATION 4553 5003422 1,148 MARCO INC 11992(E)1,134 WEX 5003660 1,133 US BANK 5003611 1,085 OLSEN'S EMBROIDERY/COMPANY 5003595 1,082 MENARDS 5003432 1,070 MINNEAPOLIS SAW COMPANY INC 5003434 1,050 MODIST BREWING COMPANY 5003652 1,046 SUMMIT FIRE PROTECTION 5003641 1,044 SSI ABS-2025-1 PROJECT HOLDINGS LLC 5003436 1,044 NATIONAL MARTIAL ARTS ASSOCIATION, INC 5003448 1,042 PRAIRIE ELECTRIC COMPANY 5003503 1,039 BARREL THEORY BEER COMPANY 5003510 1,016 BRAUN INTERTEC CORPORATION 5003482 1,013 US BANK 5003533 1,000 DIETHELM, TAMMY L 319828 992 CHEF CRAIG'S CATERING 5003472 980 STEEL TOE BREWING LLC 5003473 974 SYSCO WESTERN MINNESOTA 5003530 967 DAKOTA SUPPLY GROUP INC 12005(E)962 WEX 5003621 959 PRYES BREWING COMPANY 5003558 954 HACH COMPANY 5003551 941 GREAT LAKES COCA-COLA DISTRIBUTION 5003414 940 LEAGUE MN CITIES INS TRUST WC 5003334 933 AM CRAFT SPIRITS SALES & MARKETING 5003474 920 TGA OF CENTRAL HENNEPIN COUNTY 5003544 909 FASTSIGNS 5003408 908 JOHN HENRY FOSTER MINNESOTA INC 5003612 894 PAFFY'S PEST CONTROL 319835 893 INTERNATIONAL UNION OF OPERATING 5003439 876 OLSEN CHAIN & CABLE 5003438 870 NORTH AMERICAN SAFETY INC 5003456 859 RENEE AND TYLER HAGE 5003617 856 POMP'S TIRE SERVICE INC 5003447 853 POMP'S TIRE SERVICE INC 5003658 850 TYLER TECHNOLOGIES INC Check Amount Vendor Account Description Business Unit Comments5003506837 BLUE LINE CUSTOM GIFTS 5003547 816 GERTENS 5003333 800 ADVANTAGE PROPERTY MAINTENANCE INC 5003557 794 GYM WORKS 5003501 788 ASTLEFORD EQUIPMENT COMPANY INC 5003350 787 BERGMAN LEDGE LLC 5003478 765 THINKG DIGITAL SIGNS 5003629 765 SAINT CROIX VINEYARDS, INC. 11980(E)757 PMA FINANCIAL NETWORK INC 5003461 750 SAWYERS DREAM BAND LLC 5003549 748 GLOBAL RESERVE LLC 5003604 746 MODIST BREWING COMPANY 5003607 738 NORTHLAND PETROLEUM SERVICE INC 5003620 716 PRINCIPAL FINANCIAL GROUP 5003335 700 AMAZING ATHLETES OF CENTRAL MN 5003594 694 MEGA BEER 5003388 693 GRAINGER 5003373 675 EMERALD ELEMENTS 12004(E)658 WEX 5003597 656 METROPOLITAN FORD 12023(E)653 MINNESOTA DEPT OF REVENUE 5003480 652 UNMAPPED BREWING CO 11999(E)651 WEX 5003343 647 ASPEN WASTE SYSTEMS INC. 5003450 639 PREMIUM WATERS INC 5003347 634 BARREL THEORY BEER COMPANY 5003427 633 METRO ELEVATOR 5003562 622 HEALTH STRATEGIES 12016(E)612 MINNESOTA DEPARTMENT OF EMPLOYMENT 5003535 593 DODGE OF BURNSVILLE 5003344 588 BACK CHANNEL BREWING COLLECTIVE LLC 5003483 586 VENN BREWING COMPANY 5003545 569 FERRELLGAS 5003662 549 VENN BREWING COMPANY 5003463 545 SHAMROCK GROUP, INC - ACE ICE 5003644 543 ST FRANCIS VETERINARY CLINIC 5003476 543 THE OASIS GROUP 5003377 540 ESTRINE, ROBERT 5003653 528 TARPS INC 5003553 525 GREGOIRE, DAVID 5003521 522 CINTAS CORPORATION 5003387 520 GRAFIX SHOPPE 319829 515 DAY NICHOLE 5003674 511 WOODEN HILL BREWING COMPANY LLC 5003491 502 WOODEN HILL BREWING COMPANY LLC 5003407 500 JIXXIE INC 5003346 499 BARNUM GATE SERVICES INC 5003425 497 MENARDS 5003332 496 ACME TOOLS 5003671 494 WIESE USA 5003502 493 BARNA, GUZY & STEFFEN ,LTD 12001(E)493 INVOICE CLOUD INC 5003440 479 OUTDOOR ENVIRONMENTS INC 319849 464 HENNEPIN COUNTY ATTORNEY'S OFFICE 5003368 444 DIVERSE BUILDING MAINTENANCE Check Amount Vendor Account Description Business Unit Comments11986(E)440 US BANK - CREDIT CARD MERCHANT ONLY 5003366 430 DEALER AUTOMOTIVE SERVICES INC 5003666 428 VESTIS SERVICES LLC 5003374 420 EPA AUDIO VISUAL INC 5003460 400 SAWALL, CASEY 5003462 395 SHADYWOOD TREE EXPERTS 5003416 391 LHB INC 5003435 390 MUEHLBAUER, THOMAS G 5003490 369 WM MUELLER AND SONS INC 5003446 358 PIRTEK BURNSVILLE 5003417 354 LIBATION PROJECT 5003673 353 WINEBOW 5003405 348 INSIGHT BREWING COMPANY LLC 5003590 347 MARKLE AMY 5003670 344 WAYTEK INC 5003603 339 MN AWARDS & PROMOTIONS 5003631 339 SHAMROCK GROUP, INC - ACE ICE 5003495 335 ACME TOOLS 5003469 331 ST CROIX LINEN LLC 5003516 325 CASE, RON 5003630 325 SCHIROO ELECTRICAL REBUILDING INC. 5003383 324 FREEZIAC 11998(E)314 VOYA 5003419 310 LUCE LINE BREWING CO LLC 5003508 305 BOUND TREE MEDICAL LLC 5003668 305 WALL TRENDS INC 5003532 303 DELTA DENTAL 5003624 300 RABBIT RESCUE OF MN 5003622 298 QUALITY PROPANE 5003543 293 FASTENAL COMPANY 5003634 293 SITEONE LANDSCAPE SUPPLY, LLC 5003370 291 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 5003618 290 PRAIRIE LAWN AND GARDEN 5003379 275 FASTENAL COMPANY 5003453 275 PRYES BREWING COMPANY 5003610 270 OLSEN CHAIN & CABLE 12006(E)268 OPTUM HEALTH 5003526 266 COMCAST 12017(E)266 US BANK - PAYMODE 5003534 262 DIRECTV 5003628 258 ROADKILL ANIMAL CONTROL 5003542 256 FACTORY MOTOR PARTS COMPANY 5003494 250 56 BREWING LLC 5003561 248 HEADFLYER BREWING 5003484 247 VESTIS SERVICES LLC 5003679 240 YOUNGSTEDTS COLLISION CENTER 5003548 236 GETSCHOW, RICK 5003579 227 KORAS, JORDAN 5003657 226 TRANSUNION RISK & ALTERNATIVE DATA 5003380 222 FERGUSON ENTERPRISES LLC 12018(E)222 VANCO SERVICES 5003394 220 HAGGARD BARREL BREWING COMPANY LLC 5003568 217 INBOUND BREW CO 319847 215 HENNEPIN COUNTY TREASURER 5003509 214 BOURGET IMPORTS Check Amount Vendor Account Description Business Unit Comments5003525213 COMCAST 5003455 211 RED BULL DISTRIBUTING COMPANY INC 5003609 211 NUSS TRUCK GROUP INC 5003515 210 CARLSTON, BRANDON 5003404 208 INBOUND BREW CO 5003627 207 RICHFIELD PRINTING INC 5003602 200 MIRACLE BABY 11988(E)192 WEX 5003351 190 BERRY COFFEE COMPANY 5003608 185 NOVACARE REHABILITATION 5003626 181 RED BULL DISTRIBUTING COMPANY INC 5003338 180 ARBEITER BREWING COMPANY LLC 5003431 180 MIDWEST PLAYSCAPES 5003481 180 URBAN GROWLER BREWING COMPANY LLC 5003538 180 EDEN PRAIRIE ROTARY CLUB 5003362 177 CINTAS CORPORATION #470 5003375 171 ERICKSON ENGINEERING COMPANY LLC 319831 160 EDEN PRAIRIE SCHOOL 5003452 159 PROP - PR 5003546 157 FISHER SCIENTIFIC 5003513 152 BUSINESS ESSENTIALS 5003614 150 PDCM/DDP 5003583 146 LIBATION PROJECT 5003531 141 DAXKO LLC 5003669 135 WAX EMMA 5003437 135 NEW FRANCE WINE COMPANY 5003445 132 PILGRIM DRY CLEANERS INC 5003393 131 HACKAMORE BREWING COMPANY LLC 319860 126 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M 319857 125 NEXT CHAPTER WINERY LLC 5003519 124 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC 5003536 122 ECM PUBLISHERS INC 5003635 120 SIWEK LUMBER & MILLWORK INC 12019(E)119 WEX 5003523 118 COMCAST 5003647 112 STEEL TOE BREWING LLC 5003598 110 METROPOLITAN FORD 319848 107 DAY NICHOLE 5003665 103 VERMONT SYSTEMS, INC 5003537 100 EDEN PRAIRIE CHAMBER OF COMMERCE 5003633 99 SHRED RIGHT 5003528 99 CONCRETE CUTTING AND CORING 319845 96 SAWYER VINSON 11985(E)96 PAYA 5003433 96 MINNESOTA CLAY CO. USA 319852 95 MEREDITH KATE 12007(E)87 PAYCHEX 5003646 86 STAPLES ADVANTAGE 319856 80 MRPA 5003339 80 ARCPOINT LABS OF EDINA 319843 75 SREEKANTH MEKALA 5003600 75 MINNESOTA FIRE SERVICE CERTIFICATION BOA 5003454 75 QUALITY PROPANE 319850 71 LEONARD, MICHELLE 319836 69 LATOYA BURRELL Check Amount Vendor Account Description Business Unit Comments500346468 SITEONE LANDSCAPE SUPPLY, LLC 5003606 66 TREVIPAY 5003578 65 KOMROSKY, HANK 12020(E)60 WEX 319827 55 CHC CREATING HEALTHIER COMMUNITIES 5003580 53 LANDS END CORPORATE SALES 319854 52 MINNESOTA DEPT OF PUBLIC SAFETY 319855 52 MINNESOTA DEPT OF PUBLIC SAFETY 5003527 51 COMCAST 319834 50 HANNA PRUSSOG 5003539 50 EDINA, CITY OF 319851 47 MADISON, MELISSA 319841 45 RILEY PURGATORY BLUFF CREEK WATERSHED DI 319859 39 RICHARD JOHNSON 5003371 33 EDEN PRAIRIE CRIME PREVENTION FUND 5003560 32 HANCO CORP 5003655 27 TOLL GAS AND WELDING SUPPLY 319837 26 MINNESOTA DEPT OF PUBLIC SAFETY 12021(E)25 WEX 5003659 24 UPS SUPPLY CHAIN SOLUTIONS 5003342 24 ASPEN MILLS 5003639 23 SPOK, INC. 5003391 19 GROTH MUSIC 5003601 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE 5003577 15 KEVIN BILLE 319832 14 ERIC KRAFVE 5003406 13 JERRY'S ENTERPRISES INC 5003570 12 INGRID JORGENSEN 319830 11 EDEN PRAIRIE FOUNDATION 319840 10 NELSON, ROBIN 5003555 9 GROTH MUSIC 319838 8 NCPERS GROUP LIFE INSURANCE 11990(E)7 NCR PAYMENT SOLUTIONS,PA, LLC 5003651 6 STUART INVESTMENTS, LTD. 5003507 6 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 5003573 6 JIM MAKI 5003364 5 COMCAST 5003524 4 COMCAST 4,458,145 Report Total